- Called: 2010
David is a barrister at Five Paper specialising in Employment and Property law. He has acted in the High Court, frequently in tribunal and appeared for the successful Respondents in the Supreme Court in 2016.
David also sits as a qualified Chair of the England Boxing disciplinary panel and is qualified to accept instructions on a direct access basis.
David accepts instructions in a wide range of property matters both residential and commercial. These include easements, restrictive covenants, adverse possession, party wall matters, boundary disputes, nuisance and trespass, possession claims, forfeiture, enfranchisement, claims for new tenancies, service charges and construction of leases. He also deals with planning enforcement matters.
• Defending a prosecution for breach of a planning enforcement notice
• Acting on behalf of the claimant in a party wall dispute involving nuisance and trespass
• A claim concerning an easement to access property to the rear
• Claim for a new lease under the 1993 Act on the basis of invalid counter-notice
• High court application for relief from forfeiture acting for a public house
• Application for the determination of the reasonableness of service charges
• Prosecuting a breach of a tree preservation order
David handles all types of probate claims, the range of claims under the Inheritance (Provision for Family and Dependants) Act 1975 and trusts disputes under TOLATA.
• TOLATA claim against sibling seeking determination of the parties’ respective interests in a property that had been inherited and where one party had been excluded
• Securing a sizeable sum for an adult child in a claim under the Inheritance (Provision for Family and Dependants) Act 1975
• Challenge to the validity of a will on the grounds that it was not validly executed and that the contents of it were not known or approved
• Claim for a vesting order under s.44 of the Trustees Act 1925
• Acting for an intervener in family proceedings on the basis that they had an in interest in the matrimonial home
David’s housing work covers homelessness appeals and judicial reviews, succession, assignment, sub-letting, disrepair and EPA prosecutions, licensing, anti-social behaviour, closure orders obtaining civil orders and committals. He has particular experience with mental health/capacity and Equality Act/human rights issues.
- Acting for a local authority in committal proceedings for breaches of interim and final injunctions involving serious threats of violence
- Appeal to the tribunal against a decision to impose a financial penalty for breach of HMO licence
- Securing a possession order after trial on the basis that the defendant was not occupying the property as their only or principal home where Equality Act 2010 defences were raised
- Resisting an appeal under s.204 of the Housing Act 1996 against a decision that the property offered was suitable
- Obtaining a closure order of a property which was being used in the use of and sale of illegal drugs
- Defending a prosecution brought under the Environmental Protection Act 1990
- Responding to a judicial review of a decision not to provide interim accommodation
- Defending a disrepair claim relating to a long lease in which sizeable damages were being claimed
- Claim for possession in which a defence that the occupier had succeeded to the tenancy was raised
London Borough of Newham v Oscar, High Court (October 2017) https://www.lawtel.com/UK/Searches/5305/AC5000175
Acted for local authority in appeal by way of case stated from Magistrates’ Court, refusing to grant adjournment. The case concerned a prosecution under the Housing Act 2004.
David acts on behalf of both employers and employees and undertakes a full range of employment disputes. He has experience in unfair and wrongful dismissal, breach of contract, unlawful deduction of wages, TUPE, whistleblowing, wage and working time claims and has a particular focus on discrimination and cases involving aspects of immigration law. He deals with enforcement of restrictive covenants and is also instructed in partnership disputes.
• Advising about the application of TUPE in relation to in-sourcing services
• Claim for discrimination and constructive unfair dismissal following a protracted suspension of an employee
• Resisting a claim for automatic unfair dismissal and whistleblowing relating to concerns raised about coronavirus
• Acting for an employee director in a redundancy claim
• Resisting a claim for unfair dismissal and unfavourable treatment following a protected disclosure
• Acting for an employ in a claim for constructive unfair dismissal following a unilateral change to the location of the employee’s normal workplace in the absence of a mobility clause
• Resisting a claim for pregnancy discrimination and an automatically unfair dismissal claim
• Resisting a claim for failure to consult before a collective redundancy
• Acting for an employee in a breach of contract claim relating to unpaid wages
Led junior in the Supreme Court concerning whether discrimination on grounds of immigration status amounted to discrimination on grounds of nationality
Ahmad (scope of appeals) Pakistan  UKUT 84 (IAC); Appeal concerning the right of appeal against notice of removal decisions, appeals concerning certified decisions under s.94 NIAA 2002 and what constitutes a section 120 NIAA 2002 statement.
London Borough of Newham v Oscar, High Court (October 2017); Acted for local authority in appeal by way of case stated from Magistrates’ Court, refusing to grant adjournment. The case concerned a prosecution under the Housing Act 2004.
Taiwo & Anor v Olaigbe & Ors  UKSC 31 (22 June 2016); Led junior in the Supreme Court concerning whether discrimination on grounds of immigration status amounted to discrimination on grounds of nationality
IA (Nigeria) v Secretary of State for the Home Department  EWCA Civ 529 (28 January 2016); Court of Appeal permission hearing concerning a FtT Judge’s adverse view of the case by virtue of the applicant’s decision not to give evidence
Han, R (on the application of) v Secretary of State for the Home Department  EWHC 4606 (Admin) (04 November 2014); Judicial review concerning issues relating to paragraph 245AA of the Immigration Rules and the evidential flexibility policy