David Bailey
Partner, Head of LitigationDavid Bailey is a partner and heads up the litigation team, based in the firms Preston and Liverpool offices.
David is a highly experienced commercial property litigator, who always strives to achieve the best possible result for his clients, whether by negotiations or court proceedings.
He has more than 20 years’ commercial litigation experience, and acts for a number of commercial landlords, property portfolio managers and managing agents, advising on a broad range of property disputes.
David 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’.
Experience
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, 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 more than 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 £1m against a housing developer for breach of a development agreement concerning a piece of development land worth over £25m
- Defended an ‘undefendable’ claim against a commercial landlord by its tenant for a £1.5m 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
Affiliations
- Member of the Law Society
- Property Litigation Association
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