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David Sawtell#4019

David Sawtell

39 Essex Chambers

David is a barrister specialising in property, commercial and chancery fields. He was called to the Bar in 2005. He is regularly instructed in complicated property, company and commercial litigation, as well as cases involving professional liability. He has particular expertise in cases involving a cross over between different areas of law or where there are allegations of dishonesty or fraud. He appears regularly in the Chancery Division and has been reported in the Court of Appeal. He is regularly published across a number of leading practitioner’s periodicals, including the Commercial Litigation Journal and the Procurement and Outsourcing Journal. He speaks regularly at seminars and conferences on commercial and civil litigation topics. He was the author of the two commercial litigation units for the Level 4 higher apprenticeships in legal services. He is a tenant at Lamb Chambers.

Contributed to

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A car dealer buys a used car and sells it on to a consumer. Due to suspected negligent servicing conducted by a third party for the previous owner, the car breaks down. Can the car dealer make a claim against the suspected negligent third party? If so, what would they need to prove and what losses could they claim?
A car dealer buys a used car and sells it on to a consumer. Due to suspected negligent servicing conducted by a third party for the previous owner, the car breaks down. Can the car dealer make a claim against the suspected negligent third party? If so, what would they need to prove and what losses could they claim?
Q&As
Are there any time limits in respect of issuing Part 8 proceedings following delivery of bill of costs on the defendants?
Are there any time limits in respect of issuing Part 8 proceedings following delivery of bill of costs on the defendants?
Q&As
At what point will a claim in relation to a hire agreement be statute barred in England, in circumstances where the hire agreement was terminated following non-payment, an agreement was entered into to discharge the termination sum by way of monthly instalments, but then the payee ceased making payments?
At what point will a claim in relation to a hire agreement be statute barred in England, in circumstances where the hire agreement was terminated following non-payment, an agreement was entered into to discharge the termination sum by way of monthly instalments, but then the payee ceased making payments?
Q&As
Can a law firm be liable to its client in a transaction where a loss is sustained through currency fluctuation?
Can a law firm be liable to its client in a transaction where a loss is sustained through currency fluctuation?
Q&As
Can a statutory demand be served on a UK corporate person where the debt arises under a contract that has a foreign choice of law and forum clause?
Can a statutory demand be served on a UK corporate person where the debt arises under a contract that has a foreign choice of law and forum clause?
Q&As
Can a third party debt order be made against the judgement debtors account if it is a bank whose head office is in Scotland other parts of the UK other than England (ie out of the jurisdiction)?
Can a third party debt order be made against the judgement debtors account if it is a bank whose head office is in Scotland other parts of the UK other than England (ie out of the jurisdiction)?
Q&As
Can an order be made against a bankrupt requiring them to remove tipped material from a site within a twelve-month period? And if so, does it matter that the bankrupt may need to incur a further debt or financial liability in order to comply with that order?
Can an order be made against a bankrupt requiring them to remove tipped material from a site within a twelve-month period? And if so, does it matter that the bankrupt may need to incur a further debt or financial liability in order to comply with that order?
Q&As
Can you delete professional indemnity provisions in a collateral warranty where the contractor has not undertaken any design work?
Can you delete professional indemnity provisions in a collateral warranty where the contractor has not undertaken any design work?
Q&As
Does a local authority owe a duty of care to an individual, who has identified themselves as suffering from stress and with whom they have a commercial relationship?
Does a local authority owe a duty of care to an individual, who has identified themselves as suffering from stress and with whom they have a commercial relationship?
Q&As
Does a squeeze out notice need to be sent to all dissenting shareholders who have not agreed to the takeover offer or can selected minority shareholders be chosen at the bidder's discretion?
Does a squeeze out notice need to be sent to all dissenting shareholders who have not agreed to the takeover offer or can selected minority shareholders be chosen at the bidder's discretion?
Q&As
Does the normal six-year limitation period apply in a claim for conversion, where goods have been lost by a party to whom they were supplied? If not, when does time start to run and for how long?
Does the normal six-year limitation period apply in a claim for conversion, where goods have been lost by a party to whom they were supplied? If not, when does time start to run and for how long?
Q&As
How can a private limited company acquire its own shares for no consideration (ie accept them as a gift)?
How can a private limited company acquire its own shares for no consideration (ie accept them as a gift)?
Q&As
If the defendant failed to indicate intention to dispute jurisdiction in the acknowledgement of service, can the defendant subsequently make an application to dispute jurisdiction within 14 days of filing the acknowledgement of service?
If the defendant failed to indicate intention to dispute jurisdiction in the acknowledgement of service, can the defendant subsequently make an application to dispute jurisdiction within 14 days of filing the acknowledgement of service?
Q&As
If the limitation period for bringing a claim for breach of contract has passed, but a settlement agreement was entered into prior to the expiry of the limitation period, will the settlement agreement be treated as a variation of the original contract such that it extends the initial limitation period? Does a claim for breach of a settlement agreement have its own limitation period?
If the limitation period for bringing a claim for breach of contract has passed, but a settlement agreement was entered into prior to the expiry of the limitation period, will the settlement agreement be treated as a variation of the original contract such that it extends the initial limitation period? Does a claim for breach of a settlement agreement have its own limitation period?
Q&As
In a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st day falls on a Sunday, does that make the offer invalid?
In a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st day falls on a Sunday, does that make the offer invalid?
Q&As
In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?
In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?
Q&As
In light of the Purrunsing v A'Court & Co case, a number of buyer's solicitors are now asking for confirmation that the seller’s solicitors have carried out the necessary checks to confirm that the seller client is the registered owner or are asking the seller’s solicitors to confirm they have undertaken the necessary AML checks. Is this interpretation of the case correct?
In light of the Purrunsing v A'Court & Co case, a number of buyer's solicitors are now asking for confirmation that the seller’s solicitors have carried out the necessary checks to confirm that the seller client is the registered owner or are asking the seller’s solicitors to confirm they have undertaken the necessary AML checks. Is this interpretation of the case correct?
Q&As
Is a party in civil proceedings required to disclose documents made available to it in related criminal proceedings? Does it make any difference that the documents in question are equally available to all parties to the civil proceedings?
Is a party in civil proceedings required to disclose documents made available to it in related criminal proceedings? Does it make any difference that the documents in question are equally available to all parties to the civil proceedings?
Q&As
Is it possible to issue a Part 7 Claim Form against a housing co-operative which is registered under the Co-operative and Community Benefit Societies Act 2014?
Is it possible to issue a Part 7 Claim Form against a housing co-operative which is registered under the Co-operative and Community Benefit Societies Act 2014?
Q&As
Is there a prescribed form of words in order for a transaction to be treated as a takeover offer for the purposes of the statutory squeeze-out provisions?
Is there a prescribed form of words in order for a transaction to be treated as a takeover offer for the purposes of the statutory squeeze-out provisions?
Q&As
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Practice Areas

Panels

  • Case Analysis Panel
  • Q&A Panel
  • Specialist Panel

Qualified Year

  • 2005

Membership

  • Society of Construction Law
  • Chancery Bar Association

Education

  • PGDipLaw (City University)
  • MPhil (Cantab)
  • MA (Cantab)
  • BVC (ICSL)
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