David Green
Call: 1993
Inn: Lincoln's Inn
Professional Profile
David is an experienced chancery and commercial practitioner. He began his career in October 1993 as a pupil of Nicholas Riddle in the Chambers of N. F. Riddle, 7 Queen Avenue, Liverpool, where he was taken on as a tenant on the successful completion of his pupillage in October 1994. In January 1996 those chambers merged with the Chambers of Adrian Smith, 14 Castle Street, Liverpool, and in January 2003 chambers moved to its current modern purpose-adapted premises as Atlantic Chambers.
Since 2017, David has been Head of the Chancery and Commercial Practice Group in chambers.
David specialises in general chancery, commercial, property and private client work. He undertakes all aspects of advisory work, drafting, pleading and advocacy before courts and specialist tribunals and in arbitrations and mediations in those areas. He is always happy to discuss any matter on a preliminary basis by telephone or email.
David has been recommended over a number of years by Chambers & Partners and Legal 500 for his chancery and commercial work.
David undertakes licensed access work and CFA work, where appropriate.
David is usually able to return paperwork within 28 days or more quickly if required, and work is delivered by email.
David has given talks and seminars in a wide range of property-related topics.
Areas of Work
Chancery and Commercial
David has extensive experience in all aspects of landlord & tenant work, including agricultural, residential and commercial tenancies; leasehold covenants and construction of leases; leasehold enfranchisement; termination and renewal of business tenancies; break clauses and options; licences; forfeiture and possession; rent and service charge disputes; rent review; dilapidations; disputes before the First-tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the agricultural land tribunals and leasehold valuation tribunals in Wales.
David specialises in all aspects of insolvency including bankruptcy and corporate insolvency; IVAs and CVAs; administration and receivership; applications by or against trustees in bankruptcy, liquidators and administrators; unfair prejudice petitions; transactions at an undervalue and preferences; commercial and contractual disputes; directors and shareholders disputes; company law; company governance, dissolution and restoration; directors disqualification; all aspects of partnership and LLP law, partnership disputes, partnership dissolution and winding up.
David specialises in all aspects of real property work, including boundaries and boundary disputes; restrictive covenants; rights of way and easements; mortgages and charges; LPA receivers; contracts and specific performance; conveyancing and title issues; unregistered land; registered land; Land Registry disputes and disputes before the First-tier Tribunal (Property Chamber – Land Registration division); adverse possession; proprietary estoppel; party walls; options; nuisance and trespass.
David appeared in McLaughlin v Duffill [2010] Ch 1 (specific performance, agent’s authority to sign contract, inapplicability of s.53 Law of Property Act 1925).
David specialises in all aspects of probate and trusts work, including wills and trust drafting and construction; contentious and non-contentious probate disputes; undue influence, fraud, forgery and testamentary capacity disputes; trusts and beneficial interest disputes; claims under the Trusts of Land and Appointment of Trustees Act 1996; claims under the Inheritance (Provision for Family and Dependants) Act 1975; administration of estates; Beddoes applications and administration actions; intestate succession; variations of trusts; charities and charitable trusts; inheritance tax and capital gains tax relating to trusts and estates; appointment and removal of, and duties and powers of, executors, administrators and trustees; Court of Protection, deputies, powers of attorney and statutory wills.
David specialises in all aspects of professional negligence disputes relating to solicitors, accountants, surveyors, architects, insolvency practitioners and similar professionals.
David specialises in the area of highways, bridleways, footpaths and other public rights of way and the registration of, and disputes concerning, town and village greens and common land.
Further Information
Seminars and Talks
David has given talks and seminars on an extensive range of property related topics, including:
- Insolvency and Property
- Limited Liability Partnerships Act 2000
- CPR Parts 55 and 56; Distress for Rent
- Mountney v Treharne (2002)
- CPR Parts 55 and 56 and other CPR developments
- Receivers in Proceeds of Crime Act 2002
- Land Registration Act 2002
- Part II of the Landlord and Tenant Act 1954
- Contentious Part II of the Landlord and Tenant Act 1954
- Land v Land (2006); Commercial Rent Arrears Recovery
- Commercial Landlord and Tenant Update
- Contentious Probate – Wills, testamentary capacity and undue influence
- Inheritance (Provision for Family and Dependants) Act 1975 applications
- Commercial Landlord and Tenant review
- Barclays v Erimus
- Developments in the law and remedies relating to easements
- Interpretation and implied terms
- Probate and trust update
- Undue influence and fraudulent calumny in probate cases
- Wrotham Park and negotiating damages
- A legal introduction to e-disclosure
- Cladding Crisis
- Contentious Probate and Removal of Personal Representatives
Recommendations
- “The universally admired David Green of Atlantic Chambers is a ‘walking encyclopaedia of property law’. Sources say that he has ‘a firm understanding of complex principles’, but also note that he is down-to-earth and very pleasant to deal with’.” Chambers and Partners
- “David Green of Atlantic Chambers is noted for the quality of his practice. he continues to place particular emphasis on property disputes”. Chambers and Partners
- “David Green undertake[s] a broad range of commercial and Chancery work”. Legal 500
- “David Green is a strong junior for partnership, company and professional negligence instructions” Legal 500
- “Singled out for being straight-forward and pragmatic even under pressure” Chambers and Partners
- “David Green is well respected for his strong judgment. Clients enjoy working with him because he is commercial and user-friendly” Chambers and Partners
- “David Green is highly regarded. Intelligent and thorough, Green stands out for his work on property litigation” Chambers and Partners
- “David Green is recommended for chancery and commercial litigation” Legal 500
- “David Green secured an excellent result which exceeded expectations” Client
- “Thank you for applying your obvious legal expertise in such a friendly, effective and communicative manner”. Client
- “David is very reliable, commercial and pragmatic. He quickly identifies and focuses on the main issues in the case and his pleadings are skilfully drafted. David relates well to a variety of clients and his advice in conference is delivered clearly and at a level that the client can understand. David is always well prepared for any conference or hearing and is a skilled negotiator” Legal 500