David Gilchrist

Business and Property

David is an experienced business and property litigator. His areas of expertise are as follows:

Property

Including estoppel claims, disputes between co-owners, easements, restrictive covenants, land registration claims, nuisance and boundary disputes

Wills, Trusts and Estates

Including claims about the validity of wills, construction of wills and trusts, administration actions and claims under the Inheritance (Provision for Family and Dependents) Act 1975

Landlord and tenant

Including business tenancy renewals and forfeiture proceedings

Companies

Including claims against directors and unfair prejudice claims

Professional negligence

Including claims against solicitors arising from conveyancing transactions

Mediation

David was accredited as a mediator by CEDR in 2015. Since then, he has developed a mediation practice covering a wide range of business and property disputes, drawing on his extensive experience as a litigator.

The main areas of David’s mediation practice are:

• Claims involving wills and the administration of estates, including under the Inheritance (Provision for Family and Dependants) Act 1975
• Property disputes
• Landlord and tenant claims
• Disputes between joint owners of property, including co-habitees
• Business and commercial disputes
• Nuisance
• Professional negligence claims

Mediations can be held in person or remotely by Zoom, as the parties wish. Subject to availability, mediations can be hosted at Nine Chambers for no extra charge.

Mediation Fees

David’s standard fees for a full day mediation involving 2 parties are as follows:

Band 1 (Northern England and North Wales) – £2,500 plus VAT

Band 2 (Anywhere else) – £3,000 plus VAT

These fees include preparation up to 4 hours and assume that the mediation will be concluded by 8pm. Any additional time is charged (with the parties’ agreement) at £200 per hour.

Remote mediations are charged under Band 1.

For mediations that involve multiple parties, or which are likely to require additional preparation, please contact the clerks for further information.

Notable Cases

Zaid Alothman Holdings v. Better Intelligent Management Ltd [2024] UKUT 253 (LC) (shared accommodation and FTT’s jurisdiction)

Aslam v. Rehman [2022] UKUT 251 (LC) (exchange of contracts)

Re Cherry Hill Skip Hire Ltd [2022] EWCA Civ 531 (delay on unfair prejudice petitions)

Sheffield City Council v. Hussain [2020] UKUT 292 (LC) (civil penalties under Housing Act 2004)

Chadwick v. Collinson [2014] EWHC 3055 (Ch) (forfeiture rule for manslaughter)

Windermere Marina Village Ltd v. Wild [2014] UKUT 163 (LC) (apportionment of services charges)

Manton Hire and Sales Ltd v. Ash Manor Cheese Ltd [2013] EWCA Civ 548 (damages for sale of goods)

Dhand v. Oakglade Investments Ltd [2012] EWCA Civ 286 (notices to complete)

Taylor v. Couch [2012] EWHC 1213 (Ch) (perpetuity periods for land options)

C&W Berry v. Armstrong-Moakes [2007] BPIR 1199 (bankruptcy and charging orders)

Ellse v. Hill-Pickford [2006] EWHC 3293 (Ch) (undue influence and unilateral mistake)

AMICUS v. Dynamex Friction Ltd [2005] IRLR 724 (freezing injunctions)

Cheltenham & Gloucester plc v Appleyard [2004] EWCA Civ 291 (mortgagee’s claim to subrogation)

Bristol & West plc v. Bartlett [2003] 1 WLR 284 (limitation of mortgage claims)

Associations

• Chancery Bar Association
• Northern Business and Property Bar Association

Education

BA, Durham University

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.