David Marsden
Partner
As National Head of Property Litigation, a published legal author and a part-time judge, David brings a wealth of experience to his practice, specialising in high-value, complex property disputes. He regularly advises on the whole range of property litigation disputes, including dilapidations claims, tenant insolvency, property fraud, tenant default and forfeiture.
Awards & Recognition
Biography
Languages - English, French
Jurisdictions - England & Wales
David has an unmatched and enviable case history across all areas of property litigation. If attending a property litigation seminar, it is likely that one of David’s cases will be mentioned. Other Firms write articles on his cases. David conducts them.
David is regularly in the High Court, County Court and Upper Tribunal. He applies for multi-million pound freezing injunctions, summary judgment and security for costs. He also has a leading case on the Civil Procedure Rules, setting the standard for all solicitors on what should be included in a witness statement.
He recognises that obtaining a court order is not the same as getting paid and is an expert in enforcement of court orders, having co-authored ‘Enforcement and Debt Recovery’, a legal textbook published by The Law Society. David has also recently overturned £3 million of transfers made by a Defendant to avoid having to pay an anticipated judgment, even before that judgment had been granted.
David has leading cases in dilapidations, applications for consent, rights to light, property insolvency (administrations, CVA and Restructuring Plans), property fraud, insurance claims and the Building Safety Act (remediation orders and building liability orders). He is known for guiding his clients through complex situations with clear strategy.
It is for that reason that David has been recognised by the Estates Gazette, not once but twice, as conducting one of the top 10 most important cases of the year.
Experience
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Octagon Overseas Limited & Others v Mr Sol Unsdorfer & others [2023]
Successful in establishing that a manager appointed under Part II LTA 1987 cannot be an Accountable Person for the purposes of the Building Safety Act 2022
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Jones v Hamilton (acting through his Trustees in Bankruptcy) [2023] EWHC 1216 (Ch)
Successfully proved contempt of court by a Defendant breaching court orders including a worldwide freezing injunction. The result was the Defendant being committed to prison.
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Fitness First Clubs Limited [2023] EWHC 1699 (Ch)
Acting for a landlord opposing Fitness First’s restructuring plan.
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Lazari Properties 2 Limited (and others) v New Look Retailers (and others) [2021] EWHC 1209 (Ch)
Acting for landlord in challenging New Look Retailer’s CVA on grounds of jurisdiction, material irregularity and unfair prejudice.
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Blue Manchester Limited v North West Ground Rents Limited [2019] EWHC 142 (TCC)
Listed by the Estates Gazette as one of the Top 10 cases of 2019, a successful major dilapidations claim by a tenant of a hotel against a freeholder, obtaining specific performance ordering the freeholder to carry out repairs.
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Jones & Another v Hamilton [2017] EWHC 1065 (Ch)
Acting for various offshore companies in a complex property fraud involving assets in UK, France and Guernsey. The opposing party had wrongly used electronic signatures on documents.
