Arbitrators

David Warner

David Warner

Position

David Warner is an experienced chancery and commercial litigator with particular expertise in property and landlord and tenant law, commercial litigation and administrative law. The main thrust of his practice is trial advocacy, with regular appearances in the High Court and the county courts as well as in the Upper Tribunal and the First Tier Tribunal. As a result, David has been recommended in the directories for a number of years.

The Legal 500 Guide 2026 describes him as “an exceptional advocate”

The 2025 Legal 500 said that “David is a strong, calm, authoritative advocate who get results in front of a judge.'

The Legal 500 Guide 2022 described David as “A first-class advocate who doesn’t mess around in the courtroom. His written advice is clear and unequivocal no matter how complex the matter. Clients appreciate his approachable manner coupled with his clear advice when he advises in conference. He is my go to for all complex property and commercial matters.”

In 2021 the Legal 500 said of David that he is “A formidable advocate in the courtroom who never wastes words or takes bad points.”

The Legal 500 2020 noted that “His pleadings are a joy to read, and he is commanding in the courtroom” and that “Judges listen to this incredibly bright barrister.”

David Warner’s property practice covers the entire range of property related work at first instance and in the appellate courts.  He acted for the successful appellants in Orchard v Mooney [2023] UKUT 78 (LC) in respect of the discharge of a manager appointed under the LTA 1987 and the successful landlord in Bhat v Patel [2022] EWHC 551 (Ch).  David acted for the appellant in BMR Bagshot Ltd v Dorchester Mansions (1997) Ltd [2021] EWHC 2951 (Ch).

David is particularly well known for his expertise in relation to allegations of fraud in conveyancing transactions. He was instructed on behalf of the successful defendants in the leading case of Thorp v Abbotts [2015] EWHC 2142 (Ch) and in Byrne v Mullan [2017] EWHC 1387 (Ch). He also enjoys a formidable reputation in connection with boundary disputes having appeared in the Court of Appeal in the leading case of Parmar v Upton [2015] 2 P&CR 18.

Property cases with a public law element are another area where David has particular experience. He represented the successful defendant in R(Grimsby Institute of Further and Higher Education) v Chief Executive of Skills Funding [2010] 3 EGLR 125, a £200m claim for FE college funding. This links to David’s experience in Administrative Law in particular in the area of homelessness and local authority housing.

David Warner also has a significant reputation in commercial litigation and insolvency. That reputation has developed from frequent appearances in the Business and Property Courts in trials and on appeals. Most recently David appeared for the successful partner in Bhat v Patel [2025] EWHC 2180 (Ch), dealing with claims by one partner against the others without a dissolution. Leading Kristina Lukacova of Monckton Chambers, David successfully defended the Secretary of State for Education at trial in UKLA v Secretary of State for Education [2018] EWHC 2915 (Comm), a £1m claim for alleged training fees and before the Court of Appeal [2020] EWCA Civ 370.  He appeared for the successful respondent in Preston v Beaumont [2022] Costs LR 245. He also has experience of the Commercial Court, appearing in the leading  case on stakeholder applications under CPR Part 86, Global Currency Exchange Network Ltd v Osage 1 Ltd [2019] 1 WLR 5865.

David has considerable experience of the Court of Appeal and other appellate courts.

Career

David Warner was called to the Bar by Gray’s Inn in 1996 having spent 5 years as an Army Officer.

He was appointed a Deputy District Judge in 2019 and a Recorder in 2020.

He is a contributor to “The Law of Freedom of Information”, published by OUP.

Memberships

Chancery Bar Association, Property Bar Association, Midland Chancery and Commercial Bar Association, ADR Group accredited mediator

Education

Cheltenham College, The Royal Military Academy, Sandhurst, Queen Mary College, University of London

Mentions

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