David Mitchell - Commercial Litigation
Prior to obtaining a first class law degree from City University, David studied Physics at Imperial College, London. David undertook pupillage at two long-established chancery chambers in London before he was appointed for one year as the Judicial Assistant to the Honourable Mr Justice Turner.
David's practice covers the full-range of commercial litigation, often with a technical focus.
David’s recent experience includes working for a multinational corporation in respect of claims and counterclaims worth in excess of £2 million.
David has for many years been recommended by both the Legal 500 and Chambers & Partners directories. The most recent Chambers & Partners directory ranks David as one of only 2 Band 1 junior barrister in the Midlands for Chancery work.
David is a member of the Chancery Bar Association and the Midlands Chancery and Commercial Bar Association.
"He is clear and detailed, and a very good advocate." "Insightful and intelligent."
"He's very good up on his feet. He's helpful to judges, he's not a man that postures, he's very civil to witnesses but extremely sharp on cross-examination. He never misses anything, he's very quick-witted." "Clients like him, he's very personable, down-to-earth and nice to them, and his paperwork is always very good."
Chambers UK, 2017
‘Excellent legal, technical and tactical knowledge.’
‘Recommended for real estate-related Chancery matters.’
Legal 500, 2016
This leading junior has established a strong traditional chancery practice. In particular he is recognised for his expertise in probate and disputes concerning real property. Strengths: "David is very bright, understands the issues involved in a dispute quickly and is prepared to stand his ground." "He's both very commercial and good at dealing with clients face to face. He's empathetic towards them but also gets his advice across at the same time." Recent work: Successfully defended an adverse possession claim in respect of part of a cricket ground.
Chambers & Partners, 2016
‘His practice includes landlord and tenant, easements and property-related agriculture.’
‘Very good at devising the best strategy for the circumstances.’
Legal 500 2015
Focuses his practice on traditional chancery matters, and is highly regarded for his expertise on trusts and estates matters.
Expertise: "He is a very good team player, highly receptive to both solicitors and clients, and always practical and pragmatic in his advice."
Recent work: He represented Bloor Homes in relation to issues surrounding the property acquisition and planning permission for a development of 800 homes near a popular tourist destination in Stratford-upon-Avon.
Frequently instructed on behalf of Midlands-based SMEs on a wide range of company law matters. He often acts as lead counsel.
Expertise: "He has a great reputation and knows his law well."
Recent work: Acted in Yorke v Chambers, a case concerning a dispute arising from the death of the owner of one half of the shares in a number of companies.
Has a particular focus on real property disputes. He receives regular instructions on planning issues and development disputes.
Expertise: "He leaves no stone unturned." "He is a very good team player, as well as being practical and pragmatic."
Recent work: He acted on an adverse possession claim regarding part of a cricket ground.
Chambers UK 2015
'An experienced Chancery specialist.’ and 'Experienced in disputes concerning real property and noted for his particular expertise in agricultural tenancies.’
Legal 500 2014
"He is a "very good operator."
Chambers UK 2014
The ‘very bright’ and ‘quick-witted’ David Mitchell is noted for his ‘clear advice on tricky points’.
Legal 500 2013
David Mitchell of No5 Chambers (Birmingham) impresses on traditional chancery matters such as property disputes and contentious probate cases. He "gives logical, practical advice on a range of complex issues."
Chambers UK 2013
David Mitchell ‘responds effectively to the other side’s argument’, and the ‘extremely effective, clear and reliable’
Legal 500 2012
“Intellectually inquisitive". A precocious performer, David Mitchell is an expert in probate and landlord and tenant disputes, to name but a few, and is noted as "a friendly and accessible advocate."
Chambers UK 2011
David Mitchell has a ‘very keen legal mind’ and has a traditional chancery practice.
Legal 500 2011
David Mitchell ‘has a particularly agile mind when it comes to complex contentious probate matters’.
Legal 500 2010
Hamblin v Field (Ch D)  BPIR 270; (CA)  BPIR 621; Times, April 26 2000 (Delay, Strike Out; Setting Aside a Transaction at an Undervalue)
Eco-Energy (GB) Ltd v First Secretary Of State (CA)  EWCA Civ 1566;  2 P. & C.R. 5 (Proprietary Estoppel / Constructive Trusts; Limitation periods; Civil procedure).
Dutton v. Davies  EWCA Civ 694;  2 P. & C.R. DG19 (Buy back rights; Mortgages; Options; Sale of land)
Sargeant v Macepark (Whittlebury) Ltd  EWCA Civ 1482 (Mediation Agreement; Landlord & Tenant)
Ramzan v. Brookwide Ltd  EWHC 2453 (Ch);  2 All E.R. 38 &  EWCA Civ 985 (Breach of trust; Exemplary damages; Trespass; Measure of damages; Mesne Profits)