David Eminton

Practice Areas

I head up the firm’s Disputes Resolution department and lead the Property Litigation team. With experience of all fields of commercial litigation I now specialise in property litigation a field in which I have over 30 years experience. Work undertaken regularly includes:

- commercial landlord and tenant;

- residential landlord and tenant;

- business lease renewals under the Landlord and Tenant Act 1954;

- dilapidations;

- possession claims;

- property rights on insolvency;

- option agreements and other land sale agreements;

- electronic/telecommunications code issues;

- joint ownership disputes;

- boundary disputes/adverse possession claims;

- rights of way – public footpaths, private easements;

- town and village greens; and

- mortgage repossessions and other banking and finance issues.

Other work undertaken includes:

Professional negligence typically in the areas of construction, conveyancing, valuation, survey and other property related negligence issues.

Negligent financial advice:

General commercial and insolvency related litigation – prior to narrowing my focus to property disputes, I spent over ten years as a general commercial and insolvency litigator including contractual, corporate and commercial disputes and despite the property focus continue to undertake such work. I recently successfully concluded a high court trial of a shareholder dispute.

I assess each case to give thorough advice on the legal merits but crucially combine this with a strategy to fulfill my client’s objectives, approach to risk and financial strength. I have contacts which I can use to help facilitate alternative ways of funding cases where appropriate.

Professional Memberships

I am an active member of the Property Litigation Association and Southampton Property Association for whom I and my team have regularly presented seminars.

Personal

I am also a trustee at UTC Portsmouth.