David Brounger

Called 1990

David’s practice consists of a wide range of civil work both in terms of advice and drafting and of advocacy with a particular emphasis on personal injury, real property, licensing and probate. He has long experience of conducting complicated cases in the High Court and County Courts as well as various other tribunals including the Upper Tribunal (Lands Chamber), the Employment Tribunal, the Criminal Injuries Compensation Panel and Local Authority Committees. David is also an accredited mediator with experience of conducting mediations in a wide range of disputes.

David is a qualified Public Access barrister and able to accept instructions direct from members of the public in his practice areas.

If you would like any further information regarding David Brounger’s practice, please contact his clerks or call +44 (0)20 7405 6114.

Personal injury & clinical negligence

David is experienced in the field of personal injury where he is instructed on behalf of both Claimants and Defendants. He is accustomed to working for major insurance companies and trades unions as well as individuals. In the clinical negligence field David has experience representing a major private healthcare provider on the defence side as well as representing Claimants. David also undertakes criminal injuries compensation claims.

David has particular knowledge and experience of fatal accident claims and high value personal injuries claims.

David frequently presents seminars on aspects of personal injury law, procedure and practice.

Notable cases:

  • Re S [2000] C.L.Y. 1644 (criminal injuries quantum)
  • Re Cantwell [1999] C.L.Y. 1463 (criminal injuries quantum)
Real property and Landlord & tenant

David represents commercial and residential tenants and landlords and property owners in all manner of landlord and tenant disputes from possession claims to commercial lease renewal cases, from leasehold enfranchisement cases in the Leasehold Valuation Tribunal to restrictive covenant disputes. He has extensive experience of representing local authorities, housing associations and charities as well as individuals and businesses. His work involves advocacy, advice and drafting.

David also undertakes more general land law and trusts work including rights of way, boundary disputes, proprietary estoppel, ToLATA cases, constructive and resulting trusts, and adverse possession.  He recently successfully represented the Appellant in one of the few reported cases on the effects of the Land Registration Act 2002 on overriding interests and the meaning of “actual occupation” for the purposes of that Act.

Notable cases:

  • Yavuz v. Chaudhary [2011] EWCA Civ 1314 [2013] Ch 249 (to what extent an easement arising informally and not protected by an entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised)
  • Piper v. Kirk [2010] EWHC 23 (Ch) [2010] 2 P. & C.R. DG3 (determining of beneficial interest in real property based on an oral contract).
  • Wretham v. Ross [2005] EWHC 1259 (Ch) [2006] 1 P. & C.R DG2 (legal test to be applied in claim for adverse possession).
  • Clore v. MacNicol [2004] EWCA Civ 1055 [2004] N.P.C (succession to an assured tenancy as assured tenant or assured shorthold tenant).
  • Kensington and Chelsea v. Hislop [2003] EWHC 2944 [2004] 1 All ER 1036 (not reasonable for a local authority to seek possession order the objective of which being to defeat a right to buy claim, general guidance on reasonableness under section 84 of the Housing Act 1985.
  • Ebied v. Hopkins (also known as Wellcome Trust v. Hamad) [1998] Q.B. 638) (residential subtenant under a business lease entitled to protection of the Rent Act 1977 following determination of superior tenancy)
Liquor licensing

David is experienced in all areas of licensing work including inspections of premises as well as advice and advocacy. He has been instructed by a wide variety of parties including major national pub chains and breweries and the police. He lectures on licensing to solicitors and to the licensing trade.

Probate & inheritance

David has long experience in advising on and representing parties in probate and related claims including claims under the Inheritance (Provision for Family and Dependents) Act 1975, and claims involving proprietary estoppel issues.

Mediation

David qualified as a mediator in Spring 2005 and has since conducted mediation for a mediation provider accredited by the Civil Mediation Council and the Department of Constitutional Affairs’ National Mediation Helpline. He has experience of acting as a mediator in a range of different cases including landlord and tenant disputes, commercial disputes and building disputes amongst others. He also has experience acting as an advocate for parties in mediations.

Procedural

In the course of his civil litigation experience, David has dealt with a number of issues of a complex procedural nature.

Notable cases:

  • Sheikh v. Dogan [2009] EWHC 2935 (Ch) (reconsideration of extempore judgment before order sealed)
Education
  • LLB (Hons)
  • Accredited Mediator (SPC 2005)
Professional memberships
  • PIBA, Western Circuit
  • Chancery Bar Association
Languages
  • Italian