David Mitchell

Viewing: Professional Negligence 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 is often called upon to advise in respect of Professional Negligence claims arising in the areas of Chancery and Commercial law in which he practices.
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.
“His brain is just fantastic, and he always looks at the commercial side of the claim as well as the legal side.”
Chambers UK 2021 (Professional Negligence)
“Very technically sound, good on his feet, and attentive with clients.”
Legal 500 2021 (Professional Negligence)
“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
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.
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
Notable Cases
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
Eco-Energy (GB) Ltd v First Secretary Of State (CA) [2004] EWCA Civ 1566; [2005] 2 P. and C.R. 5
Proprietary Estoppel / Constructive Trusts, Limitation periods, Civil procedure.
Dutton v. Davies [2006] EWCA Civ 694; [2006] 2 P. and C.R. DG19
Buy back rights, Mortgages, Options, Sale of land
Sargeant v Macepark (Whittlebury) Ltd [2008] EWCA Civ 1482
Mediation Agreement, Landlord and Tenant
Ramzan v. Brookwide Ltd [2010] EWHC 2453 (Ch); [2011] 2 All E.R. 38 and [2011] EWCA Civ 985
Breach of trust, Exemplary damages, Trespass, Measure of damages, Mesne Profits
David is a member of the Chancery Bar Association and the Midlands Chancery and Commercial Bar Association.