Introduction
David is a specialist property barrister. He is ranked Band 1 for real estate by Chambers and Partners. The directories refer to him as “a go-to for Midlands-based property litigation” (C&P 2026) and “one of the best property juniors outside of London” (Legal 500 2025).
Whilst David’s practice covers all areas of property litigation, he spends most of his time dealing with commercial L&T, leasehold management and land disputes.
Davis has substantial experience in commercial lease disputes, particularly in the retail sector. He is an expert on the intricacies of the 1954 Act, as well as wider questions of leasehold law. He has taken numerous lease renewals and dilapidations disputes to trial, and regularly cross-examines valuers and building surveyors. He has dealt with expert determinations in rent reviews.
Within leasehold management, David is instructed on high value service charge disputes, dispensation applications, lease extensions and collective enfranchisement cases. He advises on complex cladding disputes which engage the Building Safety Act. David’s experience allows him to cut through to the heart of matters, and prepare cases in a way which Tribunals find attractive.
In land disputes, he deals with boundary disputes, easement disputes, restrictive covenants, trespass and nuisance. He also advises on overage clauses, option agreements and tricky land registration matters. David has dealt with a large number of boundary dispute trials, and has significant experience cross-examining boundary surveyors. David regularly acts for and against major housebuilders, where commercial strategy is particularly important.
In all areas, David is valued for his quick and decisive advice. This can lead to securing urgent interim injunctions or other applications to safeguard the client’s position. That said, his primary goal is always to find a commercial solution for clients.
Notable Cases
- Mulberry Homes (Hazel Grove) v Scoto & Stockport MBC – an important decision on the interaction between the Standard Commercial Property Conditions and consents to assign leases – [2026] EWHC 1339 (Ch)
- Vernon v Orbit Housing Association – The current leading case on issue estoppel in a service charge context – [2026] UKUT 19 (LC)
- Done Brothers v L&C Investments – Unopposed lease renewal trial, involving detailed treatment of retail comparables using the ITZA approach. Also considering the necessary adjustments to account for the layout and shape of the premises – Manchester County Court, 2023
- 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 – Boundary dispute involving the construction of historic conveyances, consideration of extrinsic evidence and an informal boundary agreement. Consideration of track allocation for boundary disputes, as well as damages for trespass/nuisance – [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
“David is a very capable advocate and has an excellent manner with both lay and solicitor clients. He has a very good grasp of the relevant law and delivers his advice in a concise and well-thought-through manner.” Legal 500 2026
“David is a go-to for Midlands-based property litigation. He is one of those barristers who has a great manner with clients and a great way of working with people.” Chambers and Partners 2026
“David Nuttall is extremely impressive and persuasive on his feet.” Chambers and Partners 2026
Chambers and Partners 2025:
“He is easily able to build a rapport with clients, solicitors and judges alike.”
“David Nuttall is very concise, academically astute and commercially minded.”
“He has a formidable intellect and knows what he is talking about.”
“David is one of the best property juniors outside of London. He is clear and pragmatic in his written opinions, has a great manner with clients during conferences and is tenacious and resilient when on his feet in court.”
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
