David Mitchell

Viewing: Inheritance Disputes, Wills, Trusts and Estates 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 has particular interest in both contentious and non-contentious probate claims and regularly appears both in the High Court and before the Probate Registrar. David is often asked to advise and thereafter litigate as to the construction of wills.
David’s practice involves claims for the removal of Executors and Trustees, and for breaches of their duties.
David has extensive experience in advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975 and has now formally advised in well over 100 hundred different cases.
David has a wide experience of Court of Protection proceedings, both in London and at the recently established hearing centres. In particular, David has conducted hearings concerning the registration of EPAs and the appointment of both Property and Affairs and Personal Welfare deputies.
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
“David is always thorough and approachable and clients are comfortable with him. His paperwork is excellent and his advocacy is the same.” “He is highly intelligent and an innovative thinker. David is good on his feet and at giving practical advice.”
Chambers UK 2020
“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 and 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
“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 ‘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
Notable Cases
Begum v Ahmed [2019] EWCA Civ 1794
1975 Act, permission to bring out of time
Sargeant v Sargeant [2018] EWHC 8 (Ch); [2017] WTLR 1451
1975 Act, permission to bring out of time
BB v PP [2016] EWCOP 65 and [2015] EWCOP 93
Ratification of gift
Kebbeh v Farmer [2015] EWHC 3827 (Ch); [2016] WTLR 1011
1975 Act, domicile
Re Weetman (Deceased) [2015] EWHC 1166 (Ch); [2015] WTLR 1745
Removal of Trustees before Trust is constituted
Mitchell v Watkinson (CA) [2014] EWCA Civ 1472; [2015] L. & T.R. 22: (ChD) [2013] EWHC 2266 (Ch)
Adverse Possession, Unincorporated Associations
Redcrier Publications Ltd v Redrup Publications Ltd (t/a Complete Care Training) [2013] EWHC 3481 (IPEC)
Copyright claim
Singh v Sanghera [2013] EWHC 956 (Ch)
Business Sale, s. 2 of the Law of Property (Miscellaneous Provisions) Act 1989
Williams v Wilmot [2012] EWHC 4077 (Ch)
Setting Aside of Probate Order
Durden v Aston [2012] EWCA Civ 636
Boundary Dispute, General Boundary Rule, Land Registry title plans
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
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
Sargeant v Macepark (Whittlebury) Ltd [2008] EWCA Civ 1482
Construction of a Mediation Agreement, Landlord and Tenant
Dutton v Davis [2006] EWCA Civ 694; [2006] 2 P. & C.R. DG19
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
2005
Proprietary Estoppel / Constructive Trusts, Limitation periods, Civil procedure
Butler & Young Ltd v Bedford BC [2003] EWHC 1289 (Admin)
Timing of Appointment of Private Building Control
Memberships
David is a member of the Chancery Bar Association and the Midlands Chancery and Commercial Bar Association.