David believes that mediation offers great benefit to the public. A favourite example is a multi-party commercial case in which he was one of the advocates. In the course of just one day, it was possible to settle three separate actions and a procedural appeal.

David was educated in the United States. He earned a BA from Syracuse University and worked in New York before coming to the UK.

He was called to the Bar in 1976 and has broad experience in a number of chancery and related fields. In particular he concerns himself with:

Real property.

Solicitors’ negligence

Landlord and tenant (residential and commercial)

Commercial disputes

Mortgage possession claims that are defended on undue influence grounds

Insolvency

Property disputes between unmarried cohabitants

Pensions

REPORTED CASES:

Cohabitation disputes, constructive trusts

Grant v Edwards [1986] Ch 638 (Court of Appeal) When does a person acquire an interest in property that is not registered in her name.

Ledger-Beadell v Peach [2007] 2 FLR 210. Constructive trusts where property kept in the name of one party for concealment purposes.

Mortgages and undue influence

CIBC Mortgages v Pitt [1994] AC 200 (House of Lords) When can a mortgage, loan or other contract be set aside for undue influence and when can a lender be prevented from enforcing a loan or mortgage because of it.

Insolvency

Krasner v Dennison [2001] Ch 76. Does a bankrupt keep any benefit from his personal pension.

General real property

Brightlingsea Haven Ltd. v Morris [2008] All ER (D) 307 (Oct). What remedy can be given caravan owner if he has acted on an informal promise that he would be granted a long lease of his site. Can an injunction be granted to stop him from occupying his caravan during a season when the caravan site owner’s licence prohibits occupation.

HSBC Trust Co v Quinn [2007] All ER (D). When can a document be a Deed when it does not describe itself as such.

Landlord and tenant

Sparkle Properties Ltd. v Residential Developments Ltd. [1998] EGCS 68. The powers of receivers appointed by the Court under the Landlord and Tenant Act 1987.

Abidogun v Frolan Health Care Ltd. [2001] All ER (D) 305 (Oct). (Court of Appeal). Forfeiture resulting from denial of landlord’s title.

Solicitors’ negligence

Boateng v Hughmans [2002] PNLR 40. Causal link between negligence and damage.

Commercial

Esso Petroleum Co Ltd v Addison and others [2003] All ER (D) 253 (Jul) Did the franchise agreement in question allow the franchisor oil company to change the franchisees’ profit margins and to charge them for marketing costs in promoting the brand.

Pensions

Leadenhall Independent Trustees Ltd v Welham and another [2004] All ER (D) 423 (Mar). The powers of the trustees of a pension scheme in respect of a surplus

Current and recent matters

A multi-party mortgage fraud where the alleged loss is said to be £23 million.

A life assurance claim for £250,000, where the insurance company is seeking to repudiate liability on the grounds of misrepresentation and non-disclosure.

A claim by a Council tenant whose flat has been infested with vermin for several years.

A claim by bank customer against a bank for money in an account which the bank has closed without notice some years before.

A dispute over who should get a grant of probate.

A claim (now settled) between a bank and some of the members of a limited liability partnership where the members had given personal guarantees to the bank and the bank had allegedly sold off the assets of the LLP too cheaply in a “pre-pack” administration.

A Consumer Credit Act defence to a claim by a bank to enforce a loan agreement.

MEDIATION

As a mediator David has enabled parties to settle

A solicitors’ negligence claim about an alleged failure to advise properly a client who had since died.

A commercial dispute arising out of the activities of a director who had since left the company.

PUBLICATIONS

“Not Such a Good Bargain” (a study of Yeoman’s Row v Cobbe) Solicitors’ Journal 30/9/08.
“When can an IVA defeat a mortgage” Corporate Rescue and Insolvency, June 2008.
“Reviewing Partners’ Liability principles” (liability of partners to one another where one of them is negligent but not fraudulent). Solicitors’ Journal 5/2/2008
“Full Spectrum” (the consequences of National Westminster Bank v Spectrum Plus Ltd.) Solicitors’ Journal 16/9/05

AWAY FROM THE INNS OF COURT

David is a school governor and is also chairman of the Liberal Democrats in Tottenham, where he is their prospective Parliamentary candidate.

Qualified:	Mediator
Specialist Areas:	Chancery, especially real property Solicitors negligence
Education:	Syracuse University, USA BA
Additional Experience:	Member of the Chancery Bar Association Member of the Professional Negligence & Propery Bar Association
General Information:	David believes that mediation offers great benefit to the public. A favourite example is a multi-party commercial case in which he was one of the advocates. In the course of just one day, it was possible to settle three separate actions and a procedural appeal. David was educated in the United States. He earned a BA from Syracuse University and worked in New York before coming to the UK. He was called to the Bar in 1976 and has broad experience in a number of chancery and related fields. In particular he concerns himself with: Real property. Solicitors’ negligence Landlord and tenant (residential and commercial) Commercial disputes Mortgage possession claims that are defended on undue influence grounds Insolvency Property disputes between unmarried cohabitants Pensions REPORTED CASES: Cohabitation disputes, constructive trusts Grant v Edwards [1986] Ch 638 (Court of Appeal) When does a person acquire an interest in property that is not registered in her name. Ledger-Beadell v Peach [2007] 2 FLR 210. Constructive trusts where property kept in the name of one party for concealment purposes. Mortgages and undue influence CIBC Mortgages v Pitt [1994] AC 200 (House of Lords) When can a mortgage, loan or other contract be set aside for undue influence and when can a lender be prevented from enforcing a loan or mortgage because of it. Insolvency Krasner v Dennison [2001] Ch 76. Does a bankrupt keep any benefit from his personal pension. General real property Brightlingsea Haven Ltd. v Morris [2008] All ER (D) 307 (Oct). What remedy can be given caravan owner if he has acted on an informal promise that he would be granted a long lease of his site. Can an injunction be granted to stop him from occupying his caravan during a season when the caravan site owner’s licence prohibits occupation. HSBC Trust Co v Quinn [2007] All ER (D). When can a document be a Deed when it does not describe itself as such. Landlord and tenant Sparkle Properties Ltd. v Residential Developments Ltd. [1998] EGCS 68. The powers of receivers appointed by the Court under the Landlord and Tenant Act 1987. Abidogun v Frolan Health Care Ltd. [2001] All ER (D) 305 (Oct). (Court of Appeal). Forfeiture resulting from denial of landlord’s title. Solicitors’ negligence Boateng v Hughmans [2002] PNLR 40. Causal link between negligence and damage. Commercial Esso Petroleum Co Ltd v Addison and others [2003] All ER (D) 253 (Jul) Did the franchise agreement in question allow the franchisor oil company to change the franchisees’ profit margins and to charge them for marketing costs in promoting the brand. Pensions Leadenhall Independent Trustees Ltd v Welham and another [2004] All ER (D) 423 (Mar). The powers of the trustees of a pension scheme in respect of a surplus Current and recent matters A multi-party mortgage fraud where the alleged loss is said to be £23 million. A life assurance claim for £250,000, where the insurance company is seeking to repudiate liability on the grounds of misrepresentation and non-disclosure. A claim by a Council tenant whose flat has been infested with vermin for several years. A claim by bank customer against a bank for money in an account which the bank has closed without notice some years before. A dispute over who should get a grant of probate. A claim (now settled) between a bank and some of the members of a limited liability partnership where the members had given personal guarantees to the bank and the bank had allegedly sold off the assets of the LLP too cheaply in a “pre-pack” administration. A Consumer Credit Act defence to a claim by a bank to enforce a loan agreement. MEDIATION As a mediator David has enabled parties to settle A solicitors’ negligence claim about an alleged failure to advise properly a client who had since died. A commercial dispute arising out of the activities of a director who had since left the company. PUBLICATIONS “Not Such a Good Bargain” (a study of Yeoman’s Row v Cobbe) Solicitors’ Journal 30/9/08. “When can an IVA defeat a mortgage” Corporate Rescue and Insolvency, June 2008. “Reviewing Partners’ Liability principles” (liability of partners to one another where one of them is negligent but not fraudulent). Solicitors’ Journal 5/2/2008 “Full Spectrum” (the consequences of National Westminster Bank v Spectrum Plus Ltd.) Solicitors’ Journal 16/9/05 AWAY FROM THE INNS OF COURT David is a school governor and is also chairman of the Liberal Democrats in Tottenham, where he is their prospective Parliamentary candidate.