Mr David Nuttall > Chambers of Jeremy Weston QC > Birmingham, England > Lawyer Profile

Chambers of Jeremy Weston QC
St Ives Chambers
1-3 WHITTALL STREET
BIRMINGHAM
B4 6DH
England

Work Department

David Nuttall is a Barrister specialising in Business, Property and Housing law.

Position

David would describe himself primarily as a property practitioner and has a strong practice in the social housing sector.

For his call, David has considerable experience in property disputes and appears regularly in the High Court, the TCC and the various tribunals.

David’s work encompasses disputes arising out of 1954 Act leases, residential leases, agricultural holdings and all manner of other types of estates.  He is generally involved in cases from pre-issue to trial, and is always on the lookout for the most cost-effective solutions for clients.

Career

Year of Call: 2010

Business and Property law

David accepts instructions in all aspects of property law.

David’s work encompasses a broad range of commercial property disputes, including opposed and unopposed lease renewals, dilapidations, forfeiture, service charges and trespass claims.

In terms of residential property, David deals with possession claims, disrepair claims and all manner of breaches of covenant.

Outside of landlord and tenant, he is building a strong practice in disputes involving boundaries, adverse possession, easements and other appurtenant rights.

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.

David’s cases frequently take him to the Technology and Construction Court, First Tier Tribunal Property Chamber and, more recently, the Business and Property Court.

A few recent cases David has been involved in:

  • A three day TCC trial regarding encroaching foundations and allegedly negligent construction works;
  • A four day dilapidations trial involving extensive cross-examination of building and valuation surveyors;
  • A Land Registry tribunal hearing regarding water rights;
  • An appeal regarding the use of expert translation evidence in a lease fraud trial, where the lease had been drafted in Urdu;
  • An unopposed lease renewal application regarding the insertion of a re-development break clause;
  • A three-way dispute between a landlord, a commercial tenant and a neighbouring housing association involving rent suspension, nuisance and the Defective Premises Act;
  • A prescriptive easement claim over the extent of use of a driveway.

Housing Law

David has a strong practice in the social housing sector. David is a keen practitioner in this area and accepts instructions across the entire spectrum of social and private housing. His clients include housing associations, local authorities, private landlords and tenants of all kind.

He regularly deals with cases involving serious anti-social behaviour, disrepair matters and public law arguments.

In terms of his public law practice, David is experienced in claims involving the Human Rights Act, the Equality Act and also cases involving tenants who lack capacity.

David has a growing homelessness practice. Recently he has acted for both local authorities and tenants in judicial review claims, homelessness appeals and reviews of policies and procedures. He has experience in drafting advice and pleadings to a tight timescale.

David is always keen to establish a working relationship with his client, and to assist with advising and drafting from an early stage in the proceedings. In Court David is equally happy whether cross-examining witnesses or making detailed submissions on black letter property law.

Notable social housing trials David has been instructed on involve:

  • Properties used as drugs dens and to store firearms;
  • Serious and constant noise nuisance;
  • Defences brought under the Equality Act and Human Rights Act against all kinds of claims, particularly including those where the tenant suffers from serious mental health conditions.
  • Claims and counter-claims for serious housing disrepair, including personal injury cases under the Defective Premises Act;
  • Breaches of covenant including unlawful subletting, business use, immoral use, failing to grant access and wrongfully keeping animals;
  • Bringing and defending judicial reviews on issues such as allocation policy, refusal to grant accommodation pending review and to restrain a local authority from unlawfully evicting a tenant;
  • Homelessness appeals, including those involving Gypsies and Travellers, questions of intentionality and procedural fairness.

Recommendations:

Chambers & Partners 2019:“A great technical barrister who is also very good with clients.” “A strong advocate who is always prepared.”

Languages

English

Memberships

Inner Temple

Education

Oxford University: BA Jurisprudence, 2:1

Nottingham Law School: BVC Very Competent

Lawyer Rankings

Regional Bar > Midland Circuit > Property

(Leading Juniors) Ranked: Tier 2

David NuttallSt Ives ChambersGives concise, commercially-aware, and well thought-out advice.