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David Gilchrist

David Gilchrist

SPECIALIST AREAS OF PRACTICE

Commercial and Chancery Litigation
Landlord and Tenant
Professional Negligence
Trusts, Wills and Estates
Insolvency

AREAS OF PRACTICE

Commercial and chancery specialist with emphasis on litigation. In particular:

  • Mortgages and Guarantees
    Including claims involving issues of undue influence, fraud and priority.
  • Land Disputes
    Including easements, conveyancing, co-ownership, nuisance and highways
  • Landlord and Tenant
    Both business and residential including forfeiture and renewal of business tenancies
  • Commercial
    Including insolvency, partnership, construction disputes, sale of goods, franchises and commercial agents
  • Trusts, Wills and Estates
    Including Inheritance Act proceedings, construction of wills, administration of estates and post-death variations
  • Professional Negligence
    Including claims against solicitors (particularly in connection with land transactions), surveyors and accountants

NOTABLE CASES

  • Peckham v Ellison (1999) 77 P&CR 27, CA (implied reservation of easements)
  • Re Grattan [2001] WTLR 1305 (rectifi cation of wills)
  • HM Customs & Excise v Akbar [2002] BPIR 62 (enforcement of VAT assessment)
  • Bristol & West v Bartlett [2003] 1 WLR 284, CA (limitation for mortgage arrears)
  • Scottish Equitable v Thompson [2003] HLR 690, CA (limitation for mortgage arrears)
  • Cheltenham & Gloucester v Appleyard (The Times 29 March 2004), CA (mortgagee’s remedy of subrogation)
  • Amicus v Dynamex Friction [2005] IRLR 724 (freezing injunctions)

ADDITIONAL INFORMATION

Inner Temple Pegasus Scholar in 1989 working at Chapman Tripp in Wellington, New Zealand.

Previously a member of Albion Chambers in Bristol until 1996.