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David Giles

Summary

David practices mainly in landlord and tenant, general common law and commercial litigation. Additionally, David has experience in personal Injury and professional Liability. He has extensive experience as an advocate in the county court, the High Court and the Court of Appeal. He is qualified to accept instructions directly from the public. Practice areas Residential and Commercial Landlord & Tenant Property Commercial litigation Professional negligence Committals/Contempt of Court Civil Notable Cases Latify v Alumyar [2017] EWHC 3053 (Ch) The High Court refused to remove charity trustees who were managing a Mosque and Afghan cultural centre in Willesden, north London which was run as an unincorporated association with charitable objects and was a registered charity. Imran Garrib v Palwontee and Bank of Scotland (2017) PROPERTY CHAMBER, LAND REGISTRATION, FIRST-TIER TRIBUNAL, CASE NUMBER /2016/0515 The case concerned rectification of the proprietorship register due to an allegedly fraudulent transfer of a house and whether a charge in favour of the bank should also be removed as a consequence of the original mistake. The case raised issues concerning the equitable remedy of subrogation and the scope of the Tribunal’s powers to correct the consequences of a mistake. Kovarska v Otkritie International Investment Management Ltd & Ors [2017] EWCA Civ 1485 The Court of Appeal set aside an extension of time for appealing. The order had been granted without a hearing. It was held that the Court had power to set aside an order made in these circumstances. On the facts of this case there was no doubt that it was appropriate for the order to be set aside. Accident Exchange Ltd v Broom & Others [2017] EWHC 1530 (Admin) – Administration of justice; Insurance; Civil evidence; Sentencing Accident Exchange Ltd v Broom & Others [2017] EWHC 1096 (Admin) – Administration of justice; Insurance; Road traffic; Civil evidence Wells v Devani [2016] EWCA Civ 1106 – Commission; Estate agents; Implied terms; Information supplied; Oral contracts; Sale of property Onuegbu v Okeke [2016] EWHC 3500 (QB) – Civil procedure; Applications; Fraud; Jurisdiction; Setting aside; Stay of proceedings Newmafruit Farms Limited v Pither [2016] EWHC 2205 (QB) – Loans; Regulated agreements; Summary judgments Nextam Partners Ltd v Mughal; Queen’s Bench Division, 07 March 2016 – Sentencing; Administration of justice, Breach of injunction; Committal for contempt; Contempt of court Nextam Partners Ltd v Mughal [2016] EWHC 367 (QB) – Breach of injunction; Committal for contempt; Contempt of court; Disclosure Accident Exchange Ltd v George-Broom (Divisional Court) [2015] EWHC 2205 (Admin) – Admissibility; Contempt of court; Delay; Dishonesty; Expert evidence; Public interest; Striking out Edwards v Kumarasamy – (23rd September 2013) HHJ May QC, County Court at Central London – Common parts; Disrepair; Flats; Footpaths; Notice; Repair covenants; Shorthold tenancies; Sub-tenancies Potts v Densely [2011] EWHC 1144 (QB) – Deposits; Landlords’ duties; Shorthold tenancies; Tenancy deposit schemes; Time limits Horth v Thompson [2010] EWHC 1674 (QB) – Conditional fee agreements; Costs; Costs between parties; Personal injury claims Floyd v S [2010] EWHC 906 (QB) – Civil procedure; Legal advice and funding; Administration of justice S v Floyd [2008] EWCA Civ 201 – Disability discrimination; Disabled persons; Mental capacity; Possession claims; Rent arrears Lancecrest v Asiwaju [2005] EWCA Civ 117 – Business tenancies; Interpretation; Notices; Rent reviews; Time limits; Time of the essence; Validity of notice Other notable cases include: Khokhar v Health Professions Council [2006] EWHC 2484 (Admin) – Competence; Fitness to practise; Health Professions Council; Professional performance Addo v The Law Society CA (2004) – Appeal to Master of the Rolls against solicitors’ disciplinary proceedings decision IBS Technologies v APM Technologies – (Chancery Division) 07 April 2003 – Intellectual property, Computer industry; Infringement; Interim injunctions Royal Pharmaceutical Society v Hassan (2002) – Disciplinary proceedings against pharmacists for illegal sale of prescription only drugs Watchtower v Payne [2001] EWCA Civ 1159 – Civil procedure; Real property; Consumer law; Arrears; Consumer credit agreements; Credit; Mortgages Chaagan lal Dattani v Trio Supermarkets Ltd [1998] I.C.R. 872 – Employment; Industrial tribunals; Res judicata; Settlement

Specialist areas of law include

Profile description

David practices mainly in landlord and tenant, general common law and commercial litigation.  Additionally, David has experience in personal Injury and professional Liability.  He has extensive experience as an advocate in the county court, the High Court and the Court of Appeal.  He is qualified to accept instructions directly from the public.

Practice areas

  • Residential and Commercial Landlord & Tenant
  • Property
  • Commercial litigation
  • Professional negligence
  • Committals/Contempt of Court

 

Notable Cases

Latify v Alumyar [2017] EWHC 3053 (Ch)

The High Court refused to remove charity trustees who were managing a Mosque and Afghan cultural centre in Willesden, north London which was run as an unincorporated association with charitable objects and was a registered charity.

Imran Garrib v Palwontee and Bank of Scotland (2017) PROPERTY CHAMBER, LAND REGISTRATION, FIRST-TIER TRIBUNAL, CASE NUMBER /2016/0515

The case concerned rectification of the proprietorship register due to an allegedly fraudulent transfer of a house and whether a charge in favour of the bank should also be removed as a consequence of the original mistake. The case raised issues concerning the equitable remedy of subrogation and the scope of the Tribunal’s powers to correct the consequences of a mistake.

Kovarska v Otkritie International Investment Management Ltd & Ors [2017] EWCA Civ 1485

The Court of Appeal set aside an extension of time for appealing.  The order had been granted without a hearing. It was held that the Court had power to set aside an order made in these circumstances. On the facts of this case there was no doubt that it was appropriate for the order to be set aside.

Accident Exchange Ltd v Broom & Others [2017] EWHC 1530 (Admin) – Administration of justice; Insurance; Civil evidence; Sentencing

Accident Exchange Ltd v Broom & Others [2017] EWHC 1096 (Admin) – Administration of justice; Insurance; Road traffic; Civil evidence

Wells v Devani [2016] EWCA Civ 1106 – Commission; Estate agents; Implied terms; Information supplied; Oral contracts; Sale of property

Onuegbu v Okeke [2016] EWHC 3500 (QB) – Civil procedure; Applications; Fraud; Jurisdiction; Setting aside; Stay of proceedings

Newmafruit Farms Limited v Pither [2016] EWHC 2205 (QB) – Loans; Regulated agreements; Summary judgments

Nextam Partners Ltd v Mughal; Queen’s Bench Division, 07 March 2016 – Sentencing; Administration of justice, Breach of injunction; Committal for contempt; Contempt of court

Nextam Partners Ltd v Mughal [2016] EWHC 367 (QB) – Breach of injunction; Committal for contempt; Contempt of court; Disclosure

Accident Exchange Ltd v George-Broom (Divisional Court) [2015] EWHC 2205 (Admin) – Admissibility; Contempt of court; Delay; Dishonesty; Expert evidence; Public interest; Striking out

Edwards v Kumarasamy – (23rd September 2013) HHJ May QC, County Court at Central London – Common parts; Disrepair; Flats; Footpaths; Notice; Repair covenants; Shorthold tenancies; Sub-tenancies

Potts v Densely [2011] EWHC 1144 (QB) – Deposits; Landlords’ duties; Shorthold tenancies; Tenancy deposit schemes; Time limits

Horth v Thompson [2010] EWHC 1674 (QB) – Conditional fee agreements; Costs; Costs between parties; Personal injury claims

Floyd v S [2010] EWHC 906 (QB) – Civil procedure; Legal advice and funding; Administration of justice

S v Floyd [2008] EWCA Civ 201 – Disability discrimination; Disabled persons; Mental capacity; Possession claims; Rent arrears

Lancecrest v Asiwaju [2005] EWCA Civ 117 – Business tenancies; Interpretation; Notices; Rent reviews; Time limits; Time of the essence; Validity of notice

Other notable cases include:

Khokhar v Health Professions Council [2006] EWHC 2484 (Admin) – Competence; Fitness to practise; Health Professions Council; Professional performance

Addo v The Law Society CA (2004) – Appeal to Master of the Rolls against solicitors’ disciplinary proceedings decision

IBS Technologies v APM Technologies – (Chancery Division) 07 April 2003 – Intellectual property, Computer industry; Infringement; Interim injunctions

Royal Pharmaceutical Society v Hassan (2002) – Disciplinary proceedings against pharmacists for illegal sale of prescription only drugs

Watchtower v Payne [2001] EWCA Civ 1159 – Civil procedure; Real property; Consumer law; Arrears; Consumer credit agreements; Credit; Mortgages

Chaagan lal Dattani v Trio Supermarkets Ltd [1998] I.C.R. 872 – Employment; Industrial tribunals; Res judicata; Settlement

Testimonials

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

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