Call: 1996    
David Warner  

"Judges listen to this incredibly bright barrister."
Property Litigation - Legal 500 2019

Practice Overview

David is an experienced chancery and commercial litigator with particular expertise in property and landlord and tenant law, commercial litigation and administrative law. 

The main thrust of David's practice is trial advocacy. Regular appearances in the High Court and the county courts, as well as in the Upper Tribunal and the First Tier Tribunal, have given David a real understanding of the skills required in these challenging environments.  As a result David is recommended in Chambers UK Bar Guide in the field of Real Estate Litigation, where it is said "He remains solid and composed in a courtroom setting."

He is also recommended as "… incredibly good with clients and very user-friendly."

David has considerable experience of the Court of Appeal and other appellate courts.

David Warner was called to the Bar in 1996 having spent 5 years as an Army Officer.

  • Commercial Litigation
    • David has a significant reputation in commercial litigation and insolvency. As an experienced commercial barrister, he appears regularly in the High Court and the county courts in commercial claims, partnership disputes, professional negligence actions and in insolvency matters.

      That experience is reflected in David’s frequent appearances in the Chancery Division in trials, as for example in Murray Vernon Holdings Ltd v Hassall [2010] EWHC 7 (Ch), where he helped defend a company director against allegations of breach of fiduciary duty in the sale of his shares to his fellow directors. More recently, David appeared for the successful defendant in a High Court trial relating to internet telephony charges incurred as the result of fraudulent hacking:  Frontier Systems Ltd (T/A Voiceflex) v FRIP [2014] BLR 563.

      David has also recently been involved in derivative proceedings brought under the Companies Act 2006 and in a Chancery Division trial involving allegations of fraudulent misrepresentation.

      Insolvency law is an area in which David also has significant experience. David’s specialist knowledge of this area led to him being instructed in the recent bankruptcy of members of UB40. 

      David’s own experience as a company director helps him to provide relevant, accurate but above all commercially practical advice.

  • Property
    • Property and Landlord and Tenant Law

      David’s property practice embraces the entire range of property related work. He has notable experience in boundary disputes and adverse possession claims.

      David is particularly interested in property disputes with a trusts element. In a recent trial in the Chancery Division he acted on behalf of the estate of a TV personality to recover substantial sums misappropriated by his former partner.

      Property cases with a public law element are another area where David has developed considerable expertise. He represented the successful defendant in R(Grimsby Institute of Further and Higher Education) v Chief Executive of Skills Funding [2010] 3 EGLR 125, a £200m claim for FE college funding.

      David’s landlord and tenant practice covers both commercial and residential work and includes contested lease renewals, rent review and dilapidations claims.

      David acted for the successful landlord in Picture Warehouse Ltd v Cornhill Investments Ltd [2008] 12 EG 98, an important case on renewal under the LTA 1954, and he represented the tenants’ association of a large residential development on their appeal to the Upper Tribunal (Kullar v Kingsoak Homes Ltd [2013] UKUT 15 (LC)).

      Administrative Law

      Alongside his work in the chancery commercial field David has considerable experience as a public lawyer, in particular in the area of homelessness and local authority housing.  He is regularly instructed to appear in the Administrative Court on applications for Judicial Review. He acted for the claimants in the Judicial Review challenge in relation to the decision to close the Birmingham Wholesale markets and in connection with Poole Harbour Yacht Haven.

      David’s reputation in this field is reinforced by his regular appearances in the Court of Appeal in a number of important cases relating to the homeless. Most recently in this area, he has appeared in the case of Johnston v City of Westminster [2015] EWCA Civ 554

      "He is incredibly good with clients and very user-friendly. He remains solid and composed in a courtroom setting." 
      Chambers UK Bar 2015 - Real Estate Litigation

  • Additional Information

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