David Eminton | Partner | Head of Dispute Resolution Skip to content

David Eminton

Partner - Head of Dispute Resolution

My experience

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.

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.

Insights from David Eminton

Articles

The ultimate guide to dispute resolution litigation

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How I’ve helped our clients

A source says "David is an excellent partner who is on the top of his game. He knows a great deal about property law;" whilst another says "David is very thorough when dealing with complex matters;" a third adds "He takes the time to debate complex issues with me and then sets out clear advice on how next to proceed;" and another "He's very competent with sound commercial advice."

Chambers Legal Directory 2024

Referees say "Our in-house legal team were faced with a complex dispute and they were experiencing delays, barriers and a lack of understanding with our normal external solicitors. Chris Holliss and David Eminton of Paris Smith were recommended to me and we found dealing with Paris Smith to be a breath of fresh air. Within 4 weeks their expertise had solved our dispute which was a record and their approach was a breath of fresh air, sensible and experienced heads who were breaking the mould of the tedious stuffy approach" and "Chris Holliss and David Eminton were outstanding, their approach is fresh and their knowledge and understanding of not just the law but business is outstanding. I believe that for a solicitor to be truly effective they need to understand in depth the issue at hand and both Chris and David seemed as versed in my business as they did in the law within a few hours. I cannot recommend them highly enough."

Legal 500 2024 Edition

I recently conveyed a difficult property purchase via auction with Jin Takhar and David Eminton. Both are on the ball and very knowledgeable about conveyancing and property litigation respectively - these are not just my words but also of my mortgage broker who dealt with them too. Absolutely will be using them again for my next transaction and I have no hesitation recommending them to others.

Michael Klamo - Auction Property Purchase

PS attended to our query and responded to our written communications promptly and clearly. They understood the issues facing us and were able to give the advice we needed in order to reassure us that we were complying with our obligations.

C&L - Boundary Dispute

Referees say "David Eminton is an experienced litigator with a wide practice" and "He is a knowledgeable, calm and supportive professional."

Chambers & Partners 2023 - Referee Comments

A source describes David Eminton as "Very experienced and competent".

Legal 500 2023 - Referee Comments

One source says "David is very competent and responsive and an asset for Paris Smith and its clients". Another source said "David Eminton is a highly experienced but approachable individual. I would be confident that all bases are covered in the advice provided and the negotiations held on my behalf".

Legal 500 - 2022 Edition