David Gilchrist

AREAS OF PRACTICE
Business and Property litigation

PRACTICE PROFILE

Property
Including mortgages, restrictive covenants, easements, the sale of land, land registration, co-ownership and nuisance

Trusts, Wills and Estates
Including validity of wills, construction of wills, administration of estates, Inheritance Act proceedings and breach of trust claims

Landlord and Tenant
Both business and residential including forfeiture, renewal of business tenancies, service charges and enfranchisement

Commercial
Including companies (particularly, shareholders and directors disputes), directors and employees restrictive covenants (including interim remedies), guarantees, insolvency, partnership, construction disputes and sale of goods and services.

Professional Negligence
Including claims against solicitors (particularly in connection with land transactions), surveyors and accountants

NOTABLE CASES

• Peckham v Ellison (1999) 77 P&CR 27, CA (implied reservation of easements)
• Bristol & West v Bartlett [2003] 1 WLR 284, CA (limitation for mortgage arrears)
• Cheltenham & Gloucester v Appleyard (The Times 29 March 2004), CA (mortgagee’s remedy of subrogation)
• C & W Berry Ltd v. Armstrong-Moakes [2007] BPIR 1199 (effect of bankruptcy petition on charging order)
• Dhand v. Oakglade Investments [2012] EWCA Civ 286 (validity of vendor's notice to complete)
• Manton Hire v. Ash Manor Cheese [2013] EWCA Civ 548 (damages for breach of commercial hire agreement)
• Windermere Marina Village v. Wild [2014] UKUT 163 (LC) (enforceability of surveyor's apportionment of service charge)
• Chadwick v. Collinson [2014] EWHC 3055 (Ch) (application of forfeiture rule on estate of manslaughter victim)
• Sheffield City Council v Hussain [2020] UKUT 292 (LC) (civil penalties for private landlords under the Housing Act 2004)
• Re Cherry Hill Skip Hire Limited [2022] BCLC 300 (delay and acquiescence in s.994 petitions)
• Aslam v Rehman [2022] UKUT 251 (LC) (exchange of contracts)

MEDIATION

David is a CEDR trained and accredited mediator, obtaining his accreditation in 2015. He has particular experience acting as mediator in disputes involving property and the administration of estates (including claims under the Inheritance (Provision for Family and Dependants) Act 1975). He can draw upon a wide knowledge of business and property litigation to assist the parties in reaching a sound and practical resolution of their dispute.

His fee for a single day mediation that is to be held in the north-west or remotely (eg via Zoom) is £2000 plus VAT. This fee includes preparation and any preliminary meetings, as well as the mediation itself. His fee for longer mediations, or mediations that are held further afield, will be higher and can be discussed with his clerk. In the event that the parties wish to hold the mediation in Manchester, he can offer rooms in Chambers – which provide ample accommodation - at no extra cost.

Prescribed Information

David Gilchrist is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about him can be found here.

David Gilchrist’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for David to undertake advocacy before courts and tribunals for a fixed fee in respect of preparation and the first day (brief fee) plus a further fee (refresher) in respect of each additional day in court. Advisory work (including conferences) is commonly charged an hourly rate, although a fixed fee may be negotiated. He will typically return paperwork within 14 days, although other professional commitments, complexity and volume of documentation may affect this approximate timescale.