AREAS OF EXPERTISE:
Wilson’s practice includes property law, with a bias towards contentious commercial property and development law. Having practised in this field for many years, he has developed expertise in the related areas of construction, commercial fraud, planning and related statutory powers, and the enforcement of securities.
Wilson’s commercial property work focuses on all types of contractual disputes, including options, promotion agreements and overage. Much of this work is dealt with by legal expert determination, arbitration, and the High Court challenges of these decisions. Many of these disputes have a heavy focus on planning, engineering, cost and valuation evidence.
He also deals with all types of title disputes and has a particular interest in agricultural disputes.
Wilson handles partnership disputes in his practice areas. In addition, he handles cases concerning trust claims and claims for equitable relief.
Wilson’s construction work is closely allied to his property commercial work, and is a mixture of construction and other technical / engineering claims. He appears regularly in the Technology and Construction Court, arbitrations and adjudications.
Wilson handles a large quantity of professional claims. He handles claims in his practice areas, including claims against solicitors, surveyors, architects and other construction professionals.
Wilson's work includes a significant amount of construction and engineering work, but he also deals with the enforcement of securities.
His work includes partnership disputes, including solicitors, surveyors, property developers, and joint ventures cases. He handles cases concerning trust claims and claims for equitable relief, and many of these claims are allied to his property work.
He deals with supply of goods and services cases in engineering, website and estate agent cases and handles claims under the Electricity Act, the Telecommunications Act, and the Estate Agents Act.
Significant Reported Cases
Property Edge Lettings Ltd, Saw (SW) 2010 Ltd and another v Wilson and others  All ER (D) 118 – automatic crystallisation of a floating charge and whether the appointment of administrators was a nullity.
Campbell v Redstone Mortgages plc  EWHC 3081 (Ch) – a mortgagee’s duty as an involuntary bailee in relation to chattels left at a property.
ICS Homes Limited v Allport  EWCA Civ 620 - estoppel by convention concerning a conditional building licence.
Singh v Singh and Singh Bros Contractors  EWHC 2138 – permission to continue a derivative claim and section 261 of the Companies Act 2006
Tomlinson v Wilson All ER (D) 17 - building contract, measure of damages and avoidance of loss in the light of the decision to demolish
Wilson's professional negligence work falls within his normal practice areas, with particular emphasis on:
He acts for claimants as well as insured professionals, and deals with all aspects of insurance cover including its extent and its repudiation by insurers. He has extensive experience of mediation in this area of work.
Gladman Commercial Properties v FHP and others  EWCA Civ 1466 – surveyors fraudulent misrepresentation and strike out.
Wilson's practice covers land and landlord and tenant law with a bias towards development work. He also deals with all related compulsory purchase, environmental (contamination), highways, nuisance and planning issues.
Wilson has extensive experience of all types of commercial property agreements, including overage and section 106 agreements. He also has extensive experience of agricultural and equine property disputes.
A significant proportion of his work is dealt with in arbitration and expert determination, and he is experienced in challenging these decisions. His clients include national developers, central and local government departments, national pub operators, diverse tenant operators and major land owners.
Clochfaen Estate Ltd v Bryn Blaen Wind Farm Ltd and others  EWHC 1562 – the enforcement of shooting rights in a development setting, and the assessment of negotiating damages.
Gladman Developments Limited v Sutton and others  EWHC 1596 (Ch) – whether a binding promotion agreement had been entered into.
Walton Homes Limited v Staffordshire County Council  1 P & CR 137, appeal  EWCA Civ 696 - challenge of expert determination, manifest error and the interpretation of an overage provision.
Nottinghamshire and City of Nottingham Fire Authority and another v Gladman Commercial Properties  18 EG 109 CS (High Court) - late admission of witness evidence during a fraudulent misrepresentation trial.
Campbell-Bell v Enterprise Inns plc  EWHC 2733 (QB)  All ER (D) 50 - a rent review challenge concerning the arbitrator's choice of valuation approach.
O'Donoghue v Enterprise Inns plc  All ER (D) 43 /  1 P & CR 14 - challenge of a rent review arbitration award and the loss of the right to object.
Wilson is a regular user of the TCC Court and Wilson Horne practices extensively in the area of construction law. It is often related to commercial property and development work. He has extensive experience of fraud in construction and engineering deals.
Wilson’s work is split between the Chancery Division and the Technology and Construction Court. He has extensive experience of arbitration, expert determination, and the High Court challenges. He undertakes adjudications and their enforcement in the High Court.
Tinseltime Limited v Roberts and others B.L.R. 515 &  EWHC 1199 (TCC)- an employer was not liable in nuisance or negligence for damage caused to a neighbouring company's machinery by dust resulting from a sub-contractor's cutting of concrete blocks since that activity could not be regarded as exceptionally dangerous whatever precautions were taken.
Lambert and others v Barratt Homes Ltd (Manchester Division) and another  33 EG 72 (Court of Appeal) &  All ER (D) 27 (High Court) - water nuisance and breach of a landowner's measured duty of care.
Tomlinson v Wilson  All ER (D) 17 - building contract, measure of damages and avoidance of loss in the light of the decision to demolish.
Chancery Bar Association
Northern Circuit Chancery Bar Association
Northern Circuit Commercial Bar Association
Agricultural Law Association
Legal 500 2020
"Very sound on the law and also tenacious in court."
Chambers UK 2020
"He is just outstanding – very clever, with good knowledge, and good with clients."
Chambers UK 2019
"Very good with clients. He is hands-on and down-to-earth in his manner. He is also very good at cross-examination and very good on his feet. He is a very bright barrister."
Legal 500 2019
"His forte lies in his pragmatic approach."
Chambers UK 2018
"An extremely good and combative advocate." "He's excellent to work with and robust in his advice. He's a very determined advocate who knows his stuff and gives you confidence that you're going the right way."
Legal 500 2018
"He has extensive legal knowledge."
Chambers UK 2017
"He is a tenacious advocate. His performance on his feet and his ability to deal with incredibly tense atmospheres in court are second to none."
Legal 500 2017
"A strategic thinker, who is client-friendly and enthusiastic."
Chambers UK 2016
"Provides no-nonsense commercial advice."
"Has a robust advocacy style and is extremely good on the client side."
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Paul Tucker QC and Freddie Humphreys successful in Rugby Housing Appeal for David Wilson Homes and Gallagher Estates
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