David Bailey

Summary

David is a highly experienced commercial property litigator, based at our Preston office.  He heads up Napthens' litigation department and with more than 20 years’ commercial litigation experience, acts for a number of commercial landlords, property portfolio managers and managing agents, advising on a broad range of property disputes.

David always strives to achieve the best possible result for his clients, whether by negotiations or Court proceedings.  He is recommended by legal industry guide 'The Legal 500' as 'tenacious and effective', with client testimonials describing him as having 'an exceptional ability to retain facts and figures' and suggesting 'he invariably demonstrates an instinctive grasp of a situation, quickly identifying the priorities and where any pitfalls may lie.

Specialisms

David provides specialist advice on commercial landlord and tenant disputes, including rent arrears, forfeiture and eviction, 1954 Act renewals, break notices and disrepair/dilapidations. He advises on issues surrounding assignments and subletting, alterations, change of use,4 and possession.

David also provides advice on various day-to-day-property and land disputes, including disputes over agreements concerning land, rights of way, restrictive covenants and trespass.

For over 15 years, David has dealt with all commercial property disputes for a large offshore property investment company with a multi-million pound UK portfolio dealing with dilapidations, rent and service charge arrears, property alterations, removal of trespassers, lease assignments and issues regarding the Landlord and Tenant Act 1954.

Recent cases include:

• A claim by a landowner in recovering damages of over £1million against a housing developer for breach of a development agreement concerning a piece of development land worth over £25 million
• Defended an “undefendable” claim against a commercial landlord by its tenant for a £1.5 million inter-company loan by counterclaiming dilapidations damages and rent arrears resulting in a settlement at less than 10% of the original claim
• Acted for a freeholder of a mixed-use apartment block regarding service charge and advised regarding an application to Homes England for grant funding under the Building Safety Fund to remedy defective cladding

Recent client feedback for David includes:

"David gives great legal advice, delivered in plain English, with a strong commercial focus. Totally committed to achieving the best value outcome for the business"

"As always in the past, David has been faultless. I can't see anything more that I can add. It's almost enjoyable being involved in legal disputes."

"We approached David Bailey at Napthens to assist us with a complex property dispute we had with our large company landlord concerning the end of our 15 year business lease. After being put under considerable pressure by the landlord, who insisted their position was 100% accurate & correct, David’s specialist knowledge allowed us prove otherwise & turn the tables. After taking 2 further specialist opinions, the Landlord conceded David was correct. We ended our lease at the correct time and on good terms. We would highly recommend Napthens for any complex disputes"

"We are very glad to have been well advised on two litigation matters relating to a negligence claim involving a law firm and counsel that resulted in an out of court settlement and a separate matter involving an injunction that was settled to our benefit. David  leading his team did an outstanding job."

"Right from the start he was approachable & straight talking. No fluffy bits! David worked with me with practical advice, guided me through every step of the way. With his help & guidance I achieved what I needed to, he was always accessible & if he wasn't available immediately would always get back to me.  I never write reviews but this Solicitor experience was a refreshing change…almost enjoyable! I would totally recommend!"

"We were referred to David at Napthens regarding a very difficult commercial property issue. Faced with what felt like a mountain to climb, David and his team steered us through the process to a fantastic conclusion."

Background

David joined Napthens in 2013 from Taylors Solicitors. He attended Clitheroe Royal Grammar before going on to study law at Sheffield University.