- Called: 2010
David is a barrister at Five Paper specialising in Business Immigration & Regulatory, Employment and Property law. He is qualified to accept instructions on a direct access basis.
He has acted in the High Court (Queens Bench Division), 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.
David is a barrister at Five Paper specialising in Business Immigration & Regulatory, Employment and Property law.
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.
His housing work covers homelessness appeals and judicial reviews, succession, assignment, sub-letting, licensing, anti-social behaviour, obtaining civil orders and committals. He has particular experience with mental health/capacity and Equality Act/human rights issues.
- C & W advise on whether a notice under s.5 of the Landlord & Tenant Act 1987 was required
- H v N adverse possession claim under the transitional provisions
- BHO v G Advising on a proposed business lease renewal
- WC v B acting in a party wall dispute
- KD advising in relation to a unilateral planning obligation
- Haile v LB Haringey acting for local authority responding to a s.204 appeal
- U v U advising in relation to a claim under the Trusts of Land and Trustees Act 1996 between family members
- LB v T advising in relation to possession claim of a mobile home
- A v B advising in relation to extent of repairing covenant under a head-lease
- Northumberland & Durham Property v Yalcin Appearing in claim for forfeiture based on non-payment of service charges
- B v D Advising on whether there has been agreement on the terms of a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993
- Varsani v Singh & Singh Multi day trial acting for a claimant in a claim for an interest in property based on resulting trusts
- JPOL v Khan Acting for tenant in the First-tier Tribunal defending claim that there had been a breach of covenant
- Begum v Ali Application for an injunction for re-entry following wrongful forfeiture of lease
- Roe v Moore representing claimant in a claim under the Trusts of Land and Trustees Act 1996
- Rayat v Shah claim for forfeiture of lease for breach of covenant
- Elemide-Elmis v Babalola acting for tenant in unlawful eviction claim
- First Urban v C defending a claim for forfeiture for breach of covenants including licensing conditions
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.
- A v A a race discrimination case with a wage dispute
- F v S unfair dismissal and disability discrimination claim
- H v BLMC race and sexual orientation discrimination and victimisation claim
- U v OT Pregnancy discrimination and automatically unfair dismissal claim
- M v K acting for successful respondent in a multi-day claim for disability discrimination
- IDM v UML an application for interim relief to enforce restrictive covenants and for a springboard injunction
- T v T advising on unpaid wages claim with a multi-jurisdictional element
- N v EC acting for respondent in determination of preliminary issue of whether claimant was a worker
- S v A (a firm) a partnership dispute concerning whether a party had held themselves out as a partner
David practises at all levels of the courts and tribunal system in all aspects of immigration and European law. He has considerable experience of appearing in appeal proceedings.
David is instructed on applications made under the PBS and other business routes. In addition, he frequently drafts judicial review grounds and appears in court in connection with judicial review hearings.
David advises businesses in relation to immigration requirements and issues for their workforce. He also acts in proceedings challenging the imposition of civil penalties for immigration offences. He also provides advice to local authorities and individuals on immigration issues arising in family proceedings.
- Advising a number of clients in respect of the rights under EU law in advance of Brexit
- R (Yang) v SSHD Upper Tribunal Judicial Review of refusal of Tier 1 ILR based on discrepancy in declared earnings to HMRC and HO
- R (Kirpal Singh) v SSHD Court of Appeal case appealing the refusal to grant permission to bring JR against a decision to certify a human rights clam. Permission was granted on the papers and the appeal was settled shortly before the hearing.
- R (Olagbade) v SSHD Upper Tribunal judicial review of SSHD’s decision to refuse Tier 1 application
- SS (India) v Secretary of State for the Home Department Court of Appeal case acting for the appellant in a case concerning the correct approach to be adopted by the Upper Tribunal remitting appeals to the First-tier Tribunal with directions. Permission was granted on the papers and the appeal was settled shortly before the hearing.
- AG (Pakistan) & Ors v Secretary of State for the Home Department Court of Appeal case acting for the appellant in a case concerning the jurisdiction of the tribunal and the right of appeal in a student visa appeal as well as the interpretation of paragraph 245ZX(ha) of the Immigration Rules. The appeal was settled after permission to appeal was granted following an oral hearing.
- R (Onifade) v SSHD High Court judicial review, successfully challenging the decision SSHD’s decision to revoke a passport
- LB Newham v A Advising local authority in family proceedings on the immigration status of child’s father
- R (Bisla) v SSHD judicial review of decision following revocation of sponsor’s tier 2 licence
- R (Bdeer) v SSHD High court judicial review challenging the SSHD’s decision not to issue claimant’s children with British passports
- R (Singh) v SSHD High court judicial review of detention and application for bail
- R (EKF) v SSHD Advising on challenge to immigration guidance relating to sports people
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
BVC, BPP Law School London
University College London, LLB (honours)
South Eastern Circuit
David sits as a legally qualified Chair of the England Boxing disciplinary panel.