David Eminton

Partner - Head of Dispute Resolution

David Eminton

Partner - Head of Dispute Resolution

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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.

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