David Sawtell

Summary

David specialises in substantial construction and property disputes, as well as commercial dispute resolution. He is frequently instructed in cases involving the development and use of land, buildings and property, as well as matters involving serious commercial, insolvency and company law issues. His work frequently has an international edge, involving cross border and overseas transactions and disputes. His clients appreciate his robust advocacy allied to his practical and user-friendly manner. His work is typically legally complex. In 2017 David completed the MSc in Construction Law and Dispute Resolution at King’s College, London, achieving a Distinction. He was awarded prizes for the best overall graduate, best dissertation, the best performance in the second-year examinations, and best performance in the Module AL construction technology examination. David is currently undertaking a part time PhD at the University of Cambridge, researching the taxonomic interface between construction law and property law. David is regularly instructed in disputes in the High Court (including the TCC, the Chancery Division, the Queen’s Bench Division and the Companies Court) and the Court of Appeal. He is also regularly involved in construction disputes referred to adjudication or arbitration. He is adept in different forms of alternative dispute resolution, regularly representing clients in mediations and joint settlement meetings: he is a Fellow of the Chartered Institute of Arbitrators. David speaks regularly at seminars and conferences on both construction and property law. He is also frequently published in leading practitioners’ journals. In 2017, along with Richard Hayes, he wrote ‘A Practical Guide to the Landlord and Tenant Act 1954: Commercial Tenancies’ (published by Law Brief Publishing), placing a particular emphasis on the development aspects of commercial property.

Specialist areas of law include

Profile description

Construction

David has a busy construction law practice, encompassing all kinds of infrastructure, construction, energy and development disputes. He is regularly involved in large scale, legally complex adjudications, as well as international arbitration.

He is also instructed in respect of commercial disputes related to construction operations, including insolvency, investment and development agreements, option agreements, and company law disputes.

In 2017 David completed the MSc in Construction Law and Dispute Resolution at King’s College, London, achieving a Distinction. He was awarded prizes for the best overall graduate, best dissertation, the best performance in the second-year examinations, and best performance in the Module AL construction technology examination.

Professional Negligence

• David is regularly instructed in respect of cases involving the alleged liability of professionals, especially where this relates to property development and insurance.
• He has particular expertise in cases involving solicitors (especially in respect of conveyancing or litigation), lettings agents, valuers and insurance brokers.
• He is also instructed to advise in respect of architect’s professional negligence cases where there has been a failure to supervise the works or to administer the contract appropriately.

His recent work includes:

• Architect’s professional negligence
• Advising in respect of a solicitor’s failure to advise in respect of marriage value in the conveyance of leasehold property
• mishandling of litigation for possession of property alleged to have been subject to a number of leases
• Solicitor’s professional negligence arising out of a failure to comply with limitation periods and procedural issues in defamation litigation

Insolvency

David is regularly involved in insolvency litigation arising out of both corporate and personal insolvency. In particular, he is regularly instructed in cases involving insolvency aspects of construction law, property or cross-border disputes.

Examples of recent insolvency work include:

• Advised a finance company on cross-border insolvency involving an international airline, with issues of mutual dealings, the anti-deprivation rule and conflict of laws.
• Successfully obtained an injunction against both a company and its former director from presenting a winding-up petition against a well-known UK contractor for debts allegedly arising out of construction contracts: Mulalley and Company Ltd v Regent Building Services Ltd [2017] EWHC 2962 (Ch).
• Successfully resisting winding up proceedings where a pay less notice was not served in response to an application for payment in reliance on extensive defects and incomplete work arising out of the construction of a new veterinary hospital.
• Advised and represented a group of trustees of a charitable trust who were served with a statutory demand for £1.6m where the Attorney General intervened. The statutory demand was successfully set aside.
• Successfully obtaining a vesting order in respect of a sublessee’s interest arising out of a complicated leasehold structure and multiple insolvency events
• Acted for the liquidator in a claim against the former director of the insolvent company and an associated company in claim arising out of alleged wrongful trading, preferences and breach of fiduciary duty.
• Acted on behalf of a Local Authority who resisted the annulment of a bankruptcy order on the grounds that the debtor lacked capacity at the time that the order was made.
• Advised in respect of the effect of disclaimer arising from corporate and personal insolvency, and the resulting application for a vesting order in respect of residential property.
• Advised in respect of a reservation of title clause arising out of the sale of fine wine.