David Lipson

Areas of expertise

• Property

  Property

  David accepts instructions in both commercial and residential property disputes. He regularly appears in the County Court for fast-track trials, and a variety of hearings including residential and commercial possession, anti-social behaviour injunctions, and set-aside applications.

  David recently appeared in a six-day High Court trial, led by Peter Petts along with Mark Erridge, in Christie v Mary Ward Legal Centre and Andrew Dymond [2025] EWHC 330 (KB), a complex and long-running professional negligence claim concerning advice given in respect of a forfeiture claim for breach of a service charges covenant. David, Peter and Mark represented the Mary Ward Legal Centre; the claim was dismissed in its entirety.

  During his pupillage, David assisted Brie Stevens-Hoare KC, Emily Betts and Cameron Stocks in a longstanding residential property dispute involving a s.27A application in the FTT, a Part 8 claim in the High Court on the construction of a lease (Triplark Limited v Philip John Whale and others [2024] EWHC 1440 (Ch)), and a claim for breach of trust and negligence against a former statutory manager of a residential apartment block.

  His recent work includes:

  • Assisting John de Waal KC with drafting pleadings in respect of a forfeiture claim for breach of user covenant.
  • Drafting pleadings and representing the landlord in a forfeiture claim concerning breach of numerous covenants and planning permission.
  • Drafting particulars in a commercial landlord and tenant dispute, concerning breach of landlord covenant and surrender
  • Representing one of two tenants in a possession claim for a high-value property in Mayfair, ultimately reaching settlement on favourable terms.
  • Advising on the enforceability and modification of a freehold covenant not to construct a building without the consent of a neighbouring property, such consent not to be unreasonably withheld.
  • Advising and representing the beneficial owner of a residential property in a TOLATA dispute.
  • Drafting pleadings and advising on service outside the jurisdiction in respect of a residential property claim concerning rent arrears exceeding £1,000,000.
  • Advising on the merits of a boundary dispute.
  • Advising a client on the merits of a claim to leasehold enfranchisement pursuant to s.5 Leasehold Reform Act 1967.
  • Advising on the merits of an application for a Rent Repayment Order.
  • Successfully obtaining a possession order for rent arrears in a fast-track trial, dismissing the disrepair counterclaim in its entirety.
  • Drafting a Defence and Counterclaim for residential tenants in a forfeiture possession claim.
  • Drafting a Defence and Counterclaim for breach of s.11 and s.9A Landlord and Tenant Act 1985 in a residential rent arrears possession claim.
  • Representing a residential landlord in a Part 8 claim concerning a breach of section 213 Housing Act 2004.
  • Drafting Particulars of Claim for breach of covenant in respect of commercial property where the commercial tenant had entered liquidation.
  • Assisting with advising in a complex claim for breach of trust, breach of undertaking and breach of contract in respect of a fraudulent property transfer.
  • Advising on the merits of a claim for easement by way of prescription.
  • Successfully setting aside default judgment in respect of a housing disrepair claim.
  • Summary judgment application against a resident who opposed money judgment for unpaid service charge arrears.
  • Successfully opposing an application to set aside a possession order in a residential possession claim.
  • Advising on strategy for a s.14 TOLATA dispute between two former partners.
  • Advising a seller in respect of an overage clause in a Deed of Transfer.
  • Advising on liability and quantum in numerous residential disrepair claims, for both landlords and tenants.
  • Anti-social behaviour injunctions, residential and commercial possession hearings, mortgage possession hearings and access injunctions.
• Commercial dispute resolution
  • Commercial dispute resolution

    Commercial dispute resolution

    David has a busy commercial practice, with ample experience both advising clients in conference, drafting pleadings and frequently appearing in the County Court. His recent work includes:

    • Drafting a Reply and Defence to Counterclaim in a dispute concerning breach of contract, unjust enrichment, and breach of settlement in respect of renovation works undertaken at a residential property.
    • Succeeding at trial in a Consumer Rights Act 2015 dispute concerning the installation of windows, where the consumer had failed to provide an opportunity to remedy outstanding issues.
    • Pleading particulars of claim in a misrepresentation dispute concerning a luxury
    • Successfully obtaining a final charging order against a Defendant in respect of a judgment debt exceeding £400,000.
    • Succeeding at trial against a venue which had failed to pay outstanding invoices to a drinks company.
    • Drafting pleadings in a Consumer Rights Act 2015 claim.
    • Drafting Particulars of Claim in respect of unpaid invoices and advising on consideration with respect to part payment.
    • Successfully representing a firm of solicitors at a jurisdiction hearing, where the Defendant had sought to evade service by moving abroad.
    • Obtaining a non-party disclosure order against a firm of solicitors to identify the defendant for a debt claim.
    • Assisting James Shaw with drafting pleadings for an unfair prejudice claim concerning shareholders of a franchise.
    • Drafting a Defence and Counterclaim for breach of contract against a recruitment agency claiming unpaid invoices.

    As a pupil, David’s work included:

    • Assisting with advising as to whether an investment opportunity constituted a collective investment scheme under s.235 Financial Services and Markets Act 2000.
    • Assisting with research into a procedural argument concerning collateral attack, raised by opposing counsel on the first day of a four-day professional negligence High Court trial.
  • Employment

    Employment

    David accepts instructions for all manner of employment disputes.

    David recently successfully represented a school academy trust in a county court trial against a former teacher for breach of contract.

    Prior to commencing pupillage, David worked as an assistant to an employment barrister and assisted with drafting pleadings in disability discrimination claims, sex discrimination claims and unfair dismissal claims. He also gained experience advising on redundancy and TUPE regulations, as well as the disclosure of an employees’ medical records to their employer.

    As a pupil, David also assisted with:

    • A disability claim concerning medical insurance coverage provided by an employer to employees.
    • Researching the interplay between the Employment Tribunal Rules and the CPR in the Employment Tribunal.
    • An employment law dispute concerning whether individuals were to be properly categorised as workers or independent contractors.
• Professional negligence

  Professional negligence

  David accepts instructions for claims concerning professional negligence.

  David recently appeared in a six-day High Court trial, led by Peter Petts along with Mark Erridge, in Christie v Mary Ward Legal Centre and Andrew Dymond [2025] EWHC 330 (KB), a complex and long-running professional negligence claim concerning advice given in respect of a forfeiture claim for breach of a service charges covenant. David, Peter and Mark represented the Mary Ward Legal Centre; the claim against it was dismissed in its entirety.

  During pupillage, David gained experience drafting pleadings and advising in professional negligence claims against numerous professions including solicitors, surveyors and builders.