Called 1965
QC 1984
Qualified Mediator 2002
Master of the Bench of the Middle Temple 1992

An expatriate Scot, David Lowe QC was a Scholar and MacMahon Law Student at St. John’s College , Cambridge where he took a First in Law. After graduating in 1964, he was a weekend supervisor in real property and equity for a number of Cambridge Colleges for four years. He was called to the Bar in 1965 by the Middle Temple where he was a Harmsworth Scholar. He began practice in Wilberforce Chambers in 1966 on completion of his pupillage in Chambers

Practice
David’s preference is to undertake work he enjoys where there is an objective and a challenge. With his long experience, he is frequently instructed to devise, construct and effect a solution to a complex problem or a compromise in contentious litigation. In addition to legal skills and analysis, creative and lateral thinking, coupled with patience and persistence, are prerequisites of success, especially where the problem or litigation is of an apparently intractable character.

Prior to his taking silk, David’s practice covered all aspects of property law and the law of trusts and also involved extensive work as an arbitrator. Since becoming a QC, the scope of his practice has widened to cover both traditional Chancery and commercial areas. His main interests are now in private client and related chancery and commercial work including charities, and in pensions and property.

In the private client field, David focuses particularly on English and offshore trusts. He has had long experience in relation to settled landed estates with an emphasis on heritage property – collections, historic houses and their contents, including the sale of high value chattels. Although the bulk of his private client work is advisory (and may involve drafting which he enjoys), he also undertakes contentious litigation. Many of his cases involve applications covering directions by trustees, variations of trusts (including wills), and compromises of family disputes or problems affecting settled property and wills or settlements, including the variation of wills within two years of the death, and applications under the Inheritance Act 1975. Certain of these cases are high profile cases of a sensitive and confidential nature and any application to the Court is dealt with in private.

David’s advice is frequently sought in relation to the trust aspects of commercial transactions and in relation to commercial trusts. He has been involved in a number of major takeovers where the key votes have been held by trustees (private, public or charitable) and issues have arisen as to their powers and duties. He has also been involved in a range of matters arising out of Lloyds and Reconstruction & Renewal, and miscellaneous matters involving incentive and other funds held on trusts for executives or other classes of employees.

David’s advice has frequently been sought by local authorities in relation to land held by them on trusts (charitable or non-charitable) where issues have arisen as to the validity and effect of the trusts in the context of the intended future use or disposal of the land. These have included a number of cases involving playing fields and recreation grounds and other facilities.

David’s trust work also embraces all areas of charity law and practice.

On the property side, David is attracted by any unusual case whether involving old law and historical research or new issues. He appeared for the Church Commissioners in litigation relating to redundant railway land at Kings Cross. He was involved in the property and commercial aspects of the water, electricity and rail privatisations and has given advice in the context of the structure of new developments or of schemes intended to benefit from tax reliefs or incentives.

David’s practice covers a wide range of other areas including agricultural tenancies, retention of title, housing associations, education and local government.

David is qualified as a Mediator and now intends to utilise his experience and skills in acting as a Mediator in a wide range of chancery and commercial matters. David is particularly interested in acting in relation to trust disputes, claims in relation to family property or assets held subject to continuing arrangements, and applications under the Inheritance Act 1975, a range of situations where the Mediation is held with a view to achieving either an immediate compromise or a proposed compromise which is capable of being approved by the Court on behalf of beneficiaries who are minors or are unborn beneficiaries.

He is happy to act as counsel in connection with a Mediation, as an arbitrator or as an expert witness.