David Nicholls > Chambers of David Holland KC and Jenny Wigley KC > London, England > Barrister Profile

David Nicholls

020 7430 1221 dnicholls@landmarkchambers.co.uk View profile View profile View profile

Position

He specialises in disputes relating to: • land ownership (adverse possession, boundary disputes, trusts of land, and land registration and conveyancing issues). • land rights (restrictive covenants, easements, profits, highways, and party wall matters). • landlord and tenant (commercial and residential) • commercial property (including property development, insolvency, mortgages, charging orders and securitisation).

David’s busy practice focuses on commercial property litigation.  He is frequently instructed as a trial advocate in relation to a wide range of property disputes.

David is particularly interested in competing land rights and the resolution of disputes relating to the development and use of land, acting for developers and other landowners in the strategic planning and successful implementation of the potential development of land, using the tools of litigation where necessary.

Such cases typically involve rights such as easements and restrictive covenants and may require obtaining necessary the consents. In one recent High Court case (2022), David successfully acted for the commercial leaseholder of a development site who sought a declaration that the freeholder had unreasonably refused consent for the proposed development.

David is frequently instructed in the context of neighbour disputes, whether residential or commercial. Typical cases may concern land ownership, such as boundary disputes and adverse possession claims; or they may involve building work, such as party wall cases. David is a co-author of ‘Party Walls:  Law and Practice’ (4^th ed.) and has significant expertise in party wall matters, including appealing awards and obtaining urgent injunctive relief. In one case, David successfully obtained a mandatory injunction after a four-day trial requiring the removal of the offending structure (Ormiston-Kilsby v Fattahi (2019) (Oxford County Court).

David’s expertise extends to all aspects of real estate law and landlord and tenant law, including insolvency and professional negligence disputes. David has many years’ experience in dealing with land securities such as mortgages and charging orders, and he is fluent in relation to the application of insolvency law to property disputes.  He acts for companies and individuals, bank and office-holders.

David is frequently instructed on landlord and tenant matters, whether commercial or residential. Typical instructions include:

• Acting for a landlord in a three-day trial opposing a commercial tenant’s claim that the landlord had unreasonably refused consent for change of use (2022).

• No Curfew Limited v Feiges Limited [2018] EWHC 744 (Ch) (High Court):  David acted for the successful Defendant in this challenge by the landlord to a rent-review arbitration on the ground of mistake.

David is particularly adept at responding quickly to urgent instructions, including last minute applications for injunctive relief, or even last minute instructions as trial counsel. For instance:

• June 2023, David was instructed to obtain an urgent injunction to restrain a sale of land with less than 24 hours’ notice.

• In September 2022, David was instructed to take over a right of way case four days before a three-day trial when the previous barrister was taken ill.  The case involved nearly a dozen witnesses and half a dozen experts, plus documentation exceeding 20 lever arch files.  David was able to achieve a successful outcome for his clients in their claim which concerned the weight and width of vehicles that could use a 200m track providing access to a Welsh sheep farm (Lamport v Jones (2022) (Cardiff County Court).

David is regularly instructed in the Tribunals and Courts in relation to claims for rights of way and on land registration issues, such as adverse possession.

David is the consultant editor of two volumes of Halsbury’s Laws: Auction (vol. 4 (2020)) and Mortgage (vol. 77 (2021)).

Career

Called to the Bar by Lincoln’s Inn 2002
Pupillage at Falcon Chambers (Jonathan Small and Gary Cowen), 2002-03
Pupillage at 11 Stone Buildings (Marc Dight), 2003
In practice at 11 Stone Buildings (2003 – 2015)
Chairman of the Young Barristers’ Committee (2012)
President of the European Young Bar Association (2013-14)
In practice at Landmark Chambers (2015 to date)

Memberships

• Lincoln’s Inn
• Chancery Bar Association
• Property Bar Association

Education

Qualifications

Personal

Awards

• Winner of the Robert Wright Mooting Competition (2001)

Leisure

David is active in his local community as a trustee of the North Kensington Law Centre (and Chairman of its Finance Committee), a trustee of the Earl’s Court Youth Centre, and a Governor of the St Thomas More Language College.
In his spare time, he enjoys cooking, travelling, and exercise.