Mr David Eminton > Paris Smith LLP > Southampton, England > Lawyer Profile

Mr David Eminton

023 8048 2284 [email protected] View profile View profile

Work Department

Dispute Resolution

Position

LLP Partner and Head of Dispute Resolution

Career

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.

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.

I am also a trustee at UTC Portsmouth.