David Mitchell

Viewing: Commercial Litigation for David Mitchell

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 and Partners directories. The most recent Chambers and Partners directory ranks David as one of only 2 Band 1 junior barrister in the Midlands for Chancery work.
Recommendations
“He is a great barrister both in conference and in court. He’s very professional, authoritative and has a real presence in the courtroom.”
Chambers UK 2020
“He has particular experience of probate claims.”
Legal 500 2020
“Highly intelligent and manages to get the message across to clients. He is particularly good at communicating with them, and they are always very impressed by him. Judges like him and he doesn’t antagonise people. He is good at asking difficult question and getting positive answers.”
Chambers UK 2019
‘Very experienced in traditional Chancery matters.’
Legal 500 2019
“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
Hamblin v Field (CA) [2000] B.P.I.R. 621 (ChD) [2000] B.P.I.R. 270
Delay, Strike Out, Setting Aside a Transaction at an Undervalue
Butler & Young Ltd v Bedford BC [2003] EWHC 1289 (Admin)
Timing of Appointment of Private Building Control
Eco-Energy (GB) Ltd v First Secretary of State (CA) [2004] EWCA Civ 1566; [2005] 2 P. and C.R. 5
2005
Proprietary Estoppel / Constructive Trusts, Limitation periods, Civil procedure
Dutton v Davis [2006] EWCA Civ 694; [2006] 2 P. & C.R. DG19
Buy back rights, Mortgages, Options, Sale of land
Sargeant v Macepark (Whittlebury) Ltd [2008] EWCA Civ 1482
Construction of a Mediation Agreement, Landlord and Tenant
Ramzan v Brookwide Ltd [2011] EWCA Civ 985 | [2012] 1 All E.R. 903:(ChD) [2010] EWHC 2453 (Ch); [2011] 2 All E.R. 38
Breach of trust, Exemplary damages, Trespass, Measure of damages, Mesne Profits
British Telecommunications Ltd v Rail Safety and Standards Board Ltd [2012] EWCA Civ 553; [2012] L. & T.R. 35
Formalities of an Assignment of a Lease
Durden v Aston [2012] EWCA Civ 636
Boundary Dispute, General Boundary Rule, Land Registry title plans
Williams v Wilmot [2012] EWHC 4077 (Ch)
Setting Aside of Probate Order
Singh v Sanghera [2013] EWHC 956 (Ch)
Business Sale, s. 2 of the Law of Property (Miscellaneous Provisions) Act 1989
Redcrier Publications Ltd v Redrup Publications Ltd (t/a Complete Care Training) [2013] EWHC 3481 (IPEC)
Copyright claim
Mitchell v Watkinson (CA) [2014] EWCA Civ 1472; [2015] L. & T.R. 22: (ChD) [2013] EWHC 2266 (Ch)
Adverse Possession, Unincorporated Associations
Re Weetman (Deceased) [2015] EWHC 1166 (Ch); [2015] WTLR 1745
Removal of Trustees before Trust is constituted
Kebbeh v Farmer [2015] EWHC 3827 (Ch); [2016] WTLR 1011
1975 Act, domicile
BB v PP [2016] EWCOP 65 and [2015] EWCOP 93
Ratification of gift
Sargeant v Sargeant [2018] EWHC 8 (Ch); [2017] WTLR 1451
1975 Act, permission to bring out of time
Begum v Ahmed [2019] EWCA Civ 1794
1975 Act, permission to bring out of time
Ramzan v. Brookwide Ltd [2010] EWHC 2453 (Ch); [2011] 2 All E.R. 38 and [2011] EWCA Civ 985
2010/2011
Breach of trust, Exemplary damages, Trespass, Measure of damages, Mesne Profits
Sargeant v Macepark (Whittlebury) Ltd [2008] EWCA Civ 1482
2008
Mediation Agreement, Landlord and Tenant
Dutton v. Davies [2006] EWCA Civ 694; [2006] 2 P. and C.R. DG19
2006
Buy back rights, Mortgages, Options, Sale of land
Eco-Energy (GB) Ltd v First Secretary Of State (CA) [2004] EWCA Civ 1566; [2005] 2 P. and C.R. 5
2004-2005
Proprietary Estoppel / Constructive Trusts, Limitation periods, Civil procedure.
Hamblin v Field (Ch D) [2000] BPIR 270; (CA) [2000] BPIR 621; Times,
April 26 2000
Delay, Strike Out, Setting Aside a Transaction at an Undervalue
Memberships
David is a member of the Chancery Bar Association and the Midlands Chancery and Commercial Bar Association.