David Schmitz > Ten Old Square > London, England > Barrister Profile
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LINCOLN'S INN
LONDON
WC2A 3SU
England
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David Schmitz
Work Department
Property Litigation, Commercial Litigation
Position
Land, especially mortgages, landlord and tenant; and constructive trusts; professional negligence, insolvency and franchising;
Career
Qualified 1976; Lincoln’s Inn.
Harvey v Dunbar Assets PLC [2013] All ER (D) 400 (Jul) (Court of Appeal) – whether a guarantee contained in a single document is binding on the signatories if one of the signatures is forged; whether the principle in Grahm v Southgate Sands was displaced by the document in question. Whether generally the Graham principle has been overruled by Rainy Sky v Kookmin Bank.
Brightlingsea Havent Ltd v Morris [2009] 2 P & CR 169 – whether caravan site owner was precluded by proprietary estoppel from ending periodic tenancies by notice; whether the structures in question were caravans for the purposes of the relevant legislation;
Brightlingsea Haven Ltd & anor v Morris & ors (QBD, Jack J [2008] All ER (D) 307) (construction of prohibitions contained in Caravan Sites and Control of Development Act 1960; whether informal promise of tenancy can result in order for the grant of a tenancy notwithstanding restrictions on proprietary estoppel set out by House of Lords in Yeoman’s Row v Cobbe);
HSBC v Quinn [2007] All ER (D) 125) (what features must a document possess in order to be a deed, when the document does not describe itself as a deed);
Ledger-Beadell v Peach [2007] 2 FLR 210: Claim against one cohabitant by the parents of the other for repayment of monies provided to buy a house for the couple. Claimants allege monies were advanced as a loan; claim defended on basis that monies were subject to presumption of advancement or alternatively that they were held subject to constructive trust.
Krasner v Dennison, [2001] Ch 76 (whether a trustee in bankruptcy is entitled to the bankrupt’s personal pension policies); Esso v Addison and others (Commercial Court) (implied duties of good faith in franchising agreements);
Sparkle Properties v Residential Development [1998] EGCS 68 (powers of receiver and manager appointed under Landlord and Tenant Act 1987);
Virdee v Scottish Equitable Life [1998] 148 NLJ 1843 (constructive notice);
CIBC Mortgages plc v Pitt [1994] 1 AC 200: Undue influence; constructive notice of the same by a mortgagee; requirements for rescinding a transaction where there has been actual undue influence.
Grant v Edwards (1986) CH 638 (constructive trusts involving cohabitants); CIBC Mortgages v Pitt (1994) 1AC 200 (undue influence as a reason for avoiding liability under a mortgage and the circumstances in which a lender is deemed to have had notice of such undue influence);
Publications:
- Commercial Litigation Journal – Nuisance: Neighbourhood watch – June 2017
- Powers and Duties of Mortgagees, Receivers and Adminsitrators in the Management and Sale of Property 2017
- Atkin’s Court Forms, Specific Performance (2015 edition)
- Trusts & Estates Law and Tax Journal – two-part article, entitled “Third Spectre” and “Just Clause”. Whether charities can be prevented from making public comment if government imposes a gagging clause on them in an outsourcing contract (April and May 2014).
- Trusts & Estates Law and Tax Journal “An Unresolved Question” – whether a Will needs to be present in order for the testator or the witnesses to be able, validly, to acknowledge their signatures (September 2013).
- Corporate Rescue and Insolvency “When can an IVA defeat a mortgage” (June 2008).
Languages
Working knowledge of French and German.
Memberships
Chancery Bar Association; Property Bar Association; Professional Negligence Bar Association.
Education
Syracuse University, USA (BA).