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David Brounger


David qualified as a mediator in 2005 and has since conducted numerous mediations, most recently for Field Court Mediation, a mediation provider accredited by the Civil Mediation Council. He has experience of acting as a mediator in a wide range of different cases including landlord and tenant disputes, commercial disputes and building disputes amongst others. He also has experience acting as an advocate for parties in mediations.

In addition to his mediation work, David practises as a barrister from Chambers in Gray’s Inn. His practice consists of a wide range of civil work both in terms of advice and drafting and of advocacy with a particular emphasis on real property and probate. He has long experience of conducting complicated cases in the High Court and County Courts as well as various other tribunals including the First Tier Tribunal (Property Chamber.

David represents commercial and residential tenants and landlords and property owners in all manner of landlord and tenant disputes from possession claims to commercial lease renewal cases, from leasehold enfranchisement cases to restrictive covenant disputes. His work involves advocacy, advice and drafting.

David also undertakes more general land law and trusts work including rights of way, boundary disputes, proprietary estoppel, ToLATA cases, constructive and resulting trusts, and adverse possession.

David has long experience in advising on and representing parties in probate and related disputes including claims under the Inheritance (Provision for Family and Dependents) Act 1975, and claims involving proprietary estoppel issues.

Notable cases:

  • Yavuz v. Chaudhary [2011] EWCA Civ 1314 [2013] Ch 249 (to what extent an easement arising informally and not protected by an entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised)
  • Piper v. Kirk [2010] EWHC 23 (Ch) [2010] 2 P. & C.R. DG3 (determining of beneficial interest in real property based on an oral contract).
  • Wretham v. Ross [2005] EWHC 1259 (Ch) [2006] 1 P. & C.R DG2 (legal test to be applied in claim for adverse possession).
  • Clore v. MacNicol [2004] EWCA Civ 1055 [2004] N.P.C (succession to an assured tenancy as assured tenant or assured shorthold tenant).
  • Kensington and Chelsea v. Hislop [2003] EWHC 2944 [2004] 1 All ER 1036 (not reasonable for a local authority to seek possession order the objective of which being to defeat a right to buy claim, general guidance on reasonableness under section 84 of the Housing Act 1985.
  • Ebied v. Hopkins (also known as Wellcome Trust v. Hamad) [1998] Q.B. 638) (residential subtenant under a business lease entitled to protection of the Rent Act 1977 following determination of superior tenancy)