Introduction
David Nuttall is a well-established property practitioner, “admired for his intellectual capability” (Chambers & Partners) and “very technically gifted” (Legal 500).
David has substantial experience in real estate litigation, with a particular specialism in boundary disputes, easement claims and Land Registration issues. He regularly works on cases involving large scale housing developments.
David is also frequently instructed on complex landlord and tenant cases. In a commercial context, this includes claims involving lease renewal, dilapidations, forfeiture and interpretation of covenants. He is well versed in the intricacies of the Landlord and Tenant Act 1954.
In terms of residential property, David deals with all matters regarding possession, disrepair and other breaches of covenant. His previous experience in social housing law also gives him particular expertise in unusual matters involving security of tenure.
Additionally, David is instructed on numerous FTT applications involving service charges. These include a number of on-going very high value cladding disputes.
David likes to get involved with cases as early as possible, and is a pragmatic and commercial practitioner, always on the look-out for the most cost effective means of achieving the client’s objectives.
Outside of his caseload, David engages in substantial business development, including frequent presentations at seminars and the writing of well-received articles. His recent article on boundary agreements was described by Ruoff & Roper on Registered Conveyancing as “a powerful challenge” to the decision in Gibson v New [2021] EWHC 1811 (QB).
Notable Cases
- Orbit Housing v Vernon – An appeal regarding the proper interpretation of a lease, including whether provision of services was a condition precedent to recovery of an express charge. Successfully represented the landlord on the construction point, which may have had substantial implications for wider stock management [2023] UKUT 156 (LC)
- Lysander Place No 2 v Leasholders of Longacre House – An application in the FTT as to whether the costs of replacing balconies, so as to improve the fire safety of a building, were recoverable under the service charge provisions of a lease – LON/00AL/LSC/2021/0409
- Davies v Winner – Acted for the successful party in a boundary dispute involving the construction of historic conveyances, consideration of extrinsic evidence and an informal boundary agreement – [2021] EW Misc 25 (CC)
- Crondall Properties v Get Golfing CIO – A trial over interpretation of a commercial lease. Successfully argued that a force majeure clause had been triggered by the Government’s response to the COVID-19 pandemic – Chancery Division 2021, unrep.
- Khan v Harrison – A 13 day boundary dispute and Protection from Harassment Act trial, involving construction of historic conveyances, boundary presumptions and alleged boundary agreements – Birmingham County Court, 2020-2021
- HNW Lending v Ryan & Bailey: A mortgage possession saga, on behalf of the lender. This involved, amongst other things, consideration of whether the lender’s own actions had frustrated the re-payment of the loan. This ended in a High Court appeal brought by the borrowers. Whilst the Court made a modest variation to the extent of the money claim, the vast majority of the appeal was dismissed – [2019] EWHC 2289 (Ch)
- Ijaz v Khan & Begum: A preliminary issue trial in the Business and Property Court, successfully representing the landlord. In this case the Court was asked to determine whether s26(1) of the 1954 Act applied to an informally drafted lease, and so to determine whether the tenant was entitled to bring lease renewal proceedings – Birmingham District Registry, July 2019
- A four day dilapidations trial involving extensive cross-examination of building and valuation surveyors. This case is now used as a case study by s18 valuation experts as an example of the Court adopting a “value affective works” approach – Birmingham County Court, May 2018
Testimonials
Chambers and Partners 2024:
“David Nuttall is a real intellectual, robust advocate and great tactician. He really understands the sector and is able to tailor his advice according to the needs of the client.”
“David Nuttall is extremely analytical and a talented advocate. He is able to handle extremely complex and sophisticated work including matters of complex human rights challenges.”
“David has a great bedside manner with clients and advises on complex issues in a user-friendly way.”
“David is a very strong advocate and has a good grasp of relevant legal principles.”
Chambers and Partners 2023: “David is excellent and personable.” “David picked up things quickly and understood all aspects of the claim, and immediately instilled confidence in the client.”
Legal 500 2023: “David has proved to be a very skilled advocate with an eye for detail who puts the client at ease, resulting in successful outcomes at trial.”
Chambers & Partners 2022: “David is admired for his intellectual capability and his ability to deal with a wide range of issues. He is always calm and dedicated to achieving outcomes for clients.” “David is a safe pair of hands and a pleasure to work with. He always delivers high-quality advice.”
Legal 500 2022: “David is very technically gifted and not only considers the legal position but also the commerciality aspect of a matter. David also considers each matter from a tactical point of view and on many occasions has assisted me in developing a strategy to steer the matter in the way most advantageous to my clients position.”
Chambers and Partners 2021: “You feel very confident having him in court as he pulls evidence from a range of areas to prove his point.” “He can cut through everything and present it in a way clients like.” “He is a pleasure to deal with, delivering advice in a succinct and readily understandable manner.”
Legal 500 2021: “He gives very thorough, clear and concise advice, leaving no stone unturned.”
“Combines excellent technical knowledge and spot-on tactical advice.”
Chambers & Partners 2020: “He is very intelligent and always gets to the root of the problem.”
“He is excellent, thorough and punches well above his weight.”
Legal 500 2019: “Gives concise, commercially-aware, and well thought-out advice.”
Chambers & Partners 2019: “A great technical barrister who is also very good with clients.” “A strong advocate who is always prepared.”
Education
2009
BA Jurisprudence
St Catherine’s College
University of Oxford
2010
BVC (Very Competent)
Nottingham Law School
