David Holland QC (Joint Head of Chambers)
David Holland was called to the Bar in 1986 and practised at 29 Bedford Row before joining Landmark Chambers in September 2002. He took silk in 2011.
The core of his practice is all forms of property litigation. He also practises in the areas of professional negligence and costs. He is a member of the Chancery Bar Association, the Property Bar Association and the Professional Negligence Bar Association.
David acts for all types of client in all types of dispute within his specialist areas. His clients range from individual householders to the largest property developers and landowners. He has represented local authorities, firms of solicitors and representative bodies. David can accept instructions under the Bar Council’s Public Access scheme.
As his list of cases demonstrates, David has immense experience of litigating at all levels of court. Recent highlights have included:
- Representing the Appellant in the recent Supreme Court case of TW Logistics v Essex CC
- Acting for the Law Society as Intervening Party in the appeal in Dreamvar v Mishcon de Reya
- Acting for the Law Society in many of the more significant costs cases in the Supreme Court and Court of Appeal over the last 10 years including, most recently, Haven v Gavin Edmondson, Budana v Leeds Hospital and Denton v White
- Acting in a significant case involving mooring rights in the Thames
- Acting for a former landlord in a dilapidations claim against a well-known multi-national company which settled just before trial with the payment of over £5 million in damages
- Acting for the landlord in the largest and most significant 1954 Act renewal case for many years
- Acting for TV personality Noel Edmonds in a claim against a former business partner
- Successfully arguing in the High Court that an AGA given by an original tenant’s guarantor was void
- Acting on behalf of a landowner in successfully claiming a prescriptive right to park.
David has been ranked in the legal guidebooks as a leading practitioner in his fields for many years. The 2022 edition of Chambers & Partners states, “A very knowledgeable and experienced property barrister whose immediate grasp of a case and attention to detail is very impressive.”. In the Chambers & Partners 2021 Guide in Real Estate Litigation he is ranked in Band 1. It is said that: ‘Clients particularly enjoy the clarity with which he advises in conference; he is tenacious when on his feet”. Continued praise included, “David always brings high energy levels to the table as well as being approachable and providing clear advice.” “He is someone who instils huge confidence in clients. He has that ability to speak to clients on their level but at the same time be able to get straight to the point with his legal advice in a no-nonsense way.” “In terms of gravitas he’s the best I’ve come across.”. The 2020 edition states : “A confident and assertive advocate who is very commercial and good with clients.” “He adds a touch of brilliance to everything he does.” “He has an excellent eye for detail.”
In the latest edition of the Legal 500 in Real Estate Litigation section he is also ranked in Tier 1. It states that, “he is someone who instils huge confidence in clients. He has that ability to speak to clients on their level but at the same time be able to get straight to the point with his legal advice in a no-nonsense way.” and that “In terms of gravitas he’s the best I’ve come across”. Whilst in the Costs section he is described as: “A man of razor-sharp intelligence who identifies the key points in a case quickly”. The Legal 500 2022 edition in Property Litigation states “David provides clear and concise advice and is very quick to reach the core of the argument. However, David’s greatest ability is in court and particularly on cross-examination of witnesses and experts where he can be ferocious.”
He has previously been named as the Real Estate Silk of the Year in the Chambers & Partners Bar Awards.
David sits as a Deputy High Court Judge in the Chancery Division. He is also a Recorder and sits as a part time Judge of the First-tier Tribunal (Property Chamber). In addition, he acts as an arbitrator.
He regularly gives lectures and seminars both as part of the Landmark seminar series and elsewhere.
David’s interests include watching test match cricket, food and wine, and listening to classical music. David is a member of Lancashire and Surrey CCC as well as a member of the MCC. He is also an Arsenal season ticket holder.
Articles and Presentations
- Recent Cases on Civil Procedure: what might you have missed? – Paper
- Recent Cases on Civil Procedure: what might you have missed? – webinar
- Tactical issues and consequences for trial
- “I want a witness. Can I get a witness?”: Witness Evidence post PD 57AC – webinar
- Duval -v- 11-13 Randolph Crescent
- Property in Quarantine – Part 3: The Landlord’s Straitjacket – considering Duval and Aviva
- Bankruptcy and Voluntary Arrangement – Note
- Property in Quarantine: Liquidation Foundation: The Basics of Property Insolvency – Part 1: Introductory concepts – Webinar
- Bankruptcy and Voluntary Arrangements
- Dreamvar – The Outcome
- Restrictive Covenants On Freehold Land – A Recap And Particular Problems Of Consent
- The AGA Saga: Assignments After Victoria Street
- Shopping for Old Clothes Implication and Apportionment After Marks & Spencer
- Remedies After Coventry v Lawrence: Shelfer shelved?
- Rent and Interim Rent Under Part II of the Landlord and Tenant Act 1954:
- Consent to Assign or Sublet and Waiver (2008) 12 L&T Review 6
- Landlords Consent to assign or sublet: Is the pendulum swinging back? (2005) 9 L&T Review 88
- Recent cases on consent to assign or sublet