David Gilchrist

David Gilchrist

Year of call:

1987, Inner Temple

Associations:

Chancery Bar Association,
Professional Negligence Bar Association

Education:

BA, Durham University

Profile

AREAS OF PRACTICE

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

PRACTICE PROFILE

  • Property
    Including mortgages, easements, conveyancing, co-ownership and nuisance
  • Landlord and Tenant
    Both business and residential including forfeiture and renewal of business tenancies
  • Commercial
    Including guarantees, insolvency, partnership, construction disputes, sale of goods and franchises
  • Trusts, Wills and Estates
    Including Inheritance Act proceedings, construction of wills, administration of estates
  • Professional Negligence
    Including claims against solicitors (particularly in connection with land transactions), surveyors and accountants
  • Public Enquiries
    In connection with the registeration of town and village greens and public rights of way

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)
  • C & W Berry Ltd v. Armstrong-Moakes [2007] BPIR 1199 (effect of bankruptcy petition on charging order)

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.

Quotes

"has many a repeat brief from solicitors as he injects an inventive spirit into all his cases" Chambers and Partners 2011 - Chancery
"bright, effective and very strong on the fine detail of the law" Chambers and Partners 2011 - Commercial Dispute Resolution