David Sawtell#4019

David Sawtell

David is a barrister specialising in property, commercial and chancery fields. He was called to the Bar in 2005. He is regularly instructed in complicated property, company and commercial litigation, as well as cases involving professional liability. He has particular expertise in cases involving a cross over between different areas of law or where there are allegations of dishonesty or fraud. He appears regularly in the Chancery Division and has been reported in the Court of Appeal. He is regularly published across a number of leading practitioner’s periodicals, including the Commercial Litigation Journal and the Procurement and Outsourcing Journal. He speaks regularly at seminars and conferences on commercial and civil litigation topics. He was the author of the two commercial litigation units for the Level 4 higher apprenticeships in legal services. He is a tenant at Lamb Chambers.

Contributed to

26

A car dealer buys a used car and sells it on to a consumer. Due to suspected negligent servicing
A car dealer buys a used car and sells it on to a consumer. Due to suspected negligent servicing
Q&A

This Q&A deals with the question of whether it is possible to recover damages in negligence from the repairer of a motor vehicle in respect of repairs carried out for a previous owner.

A married couple are resident and domiciled in Switzerland with Wills specifying that Swiss jurisdiction
A married couple are resident and domiciled in Switzerland with Wills specifying that Swiss jurisdiction
Q&A

This Q&A considers the circumstances if an English born husband dies with property in England and what procedures will be required to transfer that property to his Swiss born widow.

Are there any time limits in respect of issuing Part 8 proceedings following delivery of bill of costs on
Are there any time limits in respect of issuing Part 8 proceedings following delivery of bill of costs on
Q&A

This question considers what the time limits are for a party following delivery of a bill of costs on a defendant.

At what point will a claim in relation to a hire agreement be statute barred in England, in circumstances
At what point will a claim in relation to a hire agreement be statute barred in England, in circumstances
Q&A

This Q&A considers the limitation period for contract, acknowledgment and part payment restarting the limitation period, successive breaches of contract, and the breach of a hire agreement and the agreement to repay.

Can a law firm be liable to its client in a transaction where a loss is sustained through currency
Can a law firm be liable to its client in a transaction where a loss is sustained through currency
Q&A

This Q&A considers whether a law firm can be liable to its client in a transaction where a loss is sustained through currency fluctuation, ie because the purchase/acquisition price could significantly increase or decrease.

Can a statutory demand be served on a UK corporate person where the debt arises under a contract that has
Can a statutory demand be served on a UK corporate person where the debt arises under a contract that has
Q&A

This Q&A considers whether a statutory demand can be served in respect of a corporate insolvency where the contract giving rise to the debt has a foreign choice of law and forum provision.

Can a third party debt order be made against the judgement debtors account if it is a bank whose head
Can a third party debt order be made against the judgement debtors account if it is a bank whose head
Q&A

This Q&A considers whether third party debt orders can be made in respect of debts owed outside the jurisdiction.

Can an order be made against a bankrupt requiring them to remove tipped material from a site within a
Can an order be made against a bankrupt requiring them to remove tipped material from a site within a
Q&A

This Q&A considers whether an authority’s power to serve an enforcement notice and/or obtain a court order for the removal of waste is affected by the personal insolvency of the occupier of the land.

Can you delete professional indemnity provisions in a collateral warranty where the contractor has not
Can you delete professional indemnity provisions in a collateral warranty where the contractor has not
Q&A

This Q&A considers whether professional indemnity provisions are needed in a collateral warranty where the contractor has not undertaken any design work.

Does a local authority owe a duty of care to an individual, who has identified themselves as suffering
Does a local authority owe a duty of care to an individual, who has identified themselves as suffering
Q&A

This Q&A considers the extent of a party’s duty of care to ensure that it does not cause psychiatric harm to a person with whom they have a contractual relationship and who is known to already suffer from a psychiatric condition.

Does a squeeze out notice need to be sent to all dissenting shareholders who have not agreed to the
Does a squeeze out notice need to be sent to all dissenting shareholders who have not agreed to the
Q&A

This Q&A considers whether a squeeze out notice needs to be sent to all dissenting shareholders who have not agreed to the takeover offer or whether selected minority shareholders can be chosen at the bidder's discretion.

Does the normal six-year limitation period apply in a claim for conversion, where goods have been lost by
Does the normal six-year limitation period apply in a claim for conversion, where goods have been lost by
Q&A

This Q&A considers the limitation period where goods have been lost by a party to whom they were supplied.

How can a private limited company acquire its own shares for no consideration?
How can a private limited company acquire its own shares for no consideration?
Q&A

This Q&A looks at how a private limited company may acquire its own shares otherwise than for valuable consideration under the Companies Act 2006.

If the defendant failed to indicate intention to dispute jurisdiction in the acknowledgement of service,
If the defendant failed to indicate intention to dispute jurisdiction in the acknowledgement of service,
Q&A

This Q&A considers whether a defendant can apply to dispute jurisdiction if does not indicate that it will do so on its acknowledgement of service.

If the limitation period for bringing a claim for breach of contract has passed, but a settlement
If the limitation period for bringing a claim for breach of contract has passed, but a settlement
Q&A

This Q&A considers the circumstances when the limitation period for bringing a claim for breach of contract has passed, but a settlement agreement was entered into prior to the expiry of the limitation period.

In a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st
In a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st
Q&A

This Q&A considers the time frames in which a part 36 offer should be made in order to be valid.

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice
In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice
Q&A

This Q&A considers whether a notice needs to be sent to the defendant’s insurers in a road traffic accident claim under section 152 of the Road Traffic Act 1988 if proceedings are being issued due to limitation approaching.

In circumstances where a claimant makes an Inheritance (Provision for Family and Dependants) Act 1975
In circumstances where a claimant makes an Inheritance (Provision for Family and Dependants) Act 1975
Q&A

This Q&A considers the extent to which parties to an Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) claim can ensure that once proceedings have been concluded another potential claimant does not bring a new action.

In light of the Purrunsing v A'Court & Co case, a number of buyer's solicitors are now asking for
In light of the Purrunsing v A'Court & Co case, a number of buyer's solicitors are now asking for
Q&A

This Q&A considers the impact of Purrunsing v A’Court & Co on enquiries put by a purchaser’s conveyancer to the seller.

Is a party in civil proceedings required to disclose documents made available to it in related criminal
Is a party in civil proceedings required to disclose documents made available to it in related criminal
Q&A

This Q&A considers a parties obligations of disclosure, inspection and reliance on a document.

Practice Areas

Panels

  • Case Analysis Panel
  • Q&A Panel
  • Specialist Panel

Qualified Year

  • 2005

Membership

  • Society of Construction Law
  • Chancery Bar Association

Education

  • PGDipLaw (City University)
  • MPhil (Cantab)
  • MA (Cantab)
  • BVC (ICSL)

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