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David Feist, Partner

David Feist

Partner

Practice areas

  • Automotive
  • Energy and infrastructure
  • Litigation and dispute management
  • Real estate dispute resolution
  • Real estate litigation
  • Real estate sector

Practice notes

 

David is head of the Real Estate Litigation team in our Birmingham office. He is a fully qualified Solicitor Advocate with 25 years of experience helping clients solve or avoid property disputes across most economic sectors including Real Estate Investment, Housebuilders, Energy & Infrastructure, Automotive, Retail & Leisure.

David is a regular speaker at industry events, with excellent communication skills. He is ranked as a leading individual and has been admitted to the Hall of Fame in the Legal 500 2023 directory of the UK legal profession. David is also a band 1 notable practitioner in the most recent edition of the Chambers & Partners legal directory.

David has expertise in: litigation, arbitration, expert determination and alternative dispute resolution including mediation. David is an expert in the management and removal of development constraints, including rights to light. He has deep experience in all contentious areas of real estate asset management including tenant compliance, tenant insolvency, rent reviews (including complex valuation), lease renewals and service charge disputes. He also has niche specialist knowledge of electricity wayleave disputes, in particular “necessary wayleaves” under schedule 4 of the Electricity Act 1989. David has also dealt with numerous disputes concerning strategic land sites and options including easements, restrictive covenants and the calculation and payment of overage.

In the Chambers & Partner’s legal directory 2023 edition, David’s clients say, “He’s an excellent communicator and can be relied upon for considered, commercial advice”

The reported cases in which David has acted include:-

  • Monkspath Industrial Estate -V-Lucas Industries limited [2005] – rent review, hypothetical term
  • Micro Design Group Limited and Another- V- BDW Trading Limited [2008] CofA (Civil Division) – Overage, residential development
  • Salvage Wharf Limited -v-Brough Limited [2009] EWCA Civ 21 – rights to light
  • Space Personal Storage limited –v- RSN Property Limited [2008] – prescriptive easements, car parking
  • Martineau Galleries No1. Limited & Martineau Galleries No.2 Limited v Birmingham City Council [2016] – rent review interpretation
  • Bryant Homes Southern Limited -v-Stein Management Limited [2016] EWHC 2433 – restrictive covenants
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