David Daly

Profile

David’s main areas of practice are to do with land or employment. Nowadays he spends almost as much time as a Mediator as he does in court and has accepted instructions as a mediator in over 100 Commercial Mediations, including international mediations. The subject areas of these mediations have included leasehold enfranchisement, disrepair, landlord and tenant, payment of professional fees, failure to deliver goods on time, building contracts, discrimination, misconduct in employment and stress at work and agency. He is recognized on the IMI (International Mediators Institute) website see http://imimediation.org/david-daly

David is also a Family Mediator and is qualified to provide MIAMS mediation assessment meetings. These family mediations have included international property.

David has a property practice, with particular expertise in planning and compulsory purchase, housing, landlord and tenant and wills and probate .He has presented planning inquiries ranging from large road schemes to planning enforcement.

In Employment, David has a particular specialism in discrimination.

He is also a practitioner in immigration law and deals with cases ranging from entry clearance to asylum.

He is registered to provide Direct Access advice in all his practice areas.

David speaks French, Italian and Spanish and has conducted parts of mediations in those languages. Additionally, he has a working knowledge of German and Portuguese. He also advises pro bono in law in Spanish and Portuguese at Latin America House in Kilburn on a weekly basis.

David has taught mediation in London (at Birkbeck College) and in Rome (in Italian).

On 8th December 2010 David received the CEDR exchange award for the most challenging mediation of the last 20 years (shared with Alder Hey).

Experience

Property

Significant Mediations

Dispute between five representatives of a Residents Association and a Housing Association concerning disrepair on an estate of 250 Leasehold dwellings.  Potential dispute value £10,000,000.  The dispute was particularly interesting because of an agreed approach to confidentiality which was necessary to ensure the involvement of other residents.

Dispute between leaseholder and joint freeholders involving four parties - originally valued at £200,000. 

Leaseholder dispute in which a leaseholder claimed damages from the owner of the flat above, whose building works had caused the ceiling to fall in. The consequential noise and disturbance was the main subject of the dispute.

Commercial leaseholder claim arising out of the fact that the lease had made no provision for access to the toilets for office staff. Also included claim for disrepair.

Dispute under Leasehold Reform Act regarding claim to purchase the freehold of a property worth £200,000.

Bitter and complex dispute between two neighbouring building companies over rights of access and inappropriate erection of scaffolding.

Two neighbours had locked horns in the Chancery Division of the High Court on the issue of refusal of access to back garden and boundary encroachment. 

Planning dispute over unpaid expert's fees.

Business & Commercial

Dispute under the European Agency Regulations involving payment of fees to an agent by his principal. 

Building dispute worth £100,000 combined with an allegation of unfair investment advice relating to an Iranian Company.

Testimonials

'I’d like to thank David for his unflappability, humour and very down to earthness which was exactly what was needed in this mediation' Feedback from client (19.05.2008)

Memberships

Member, Planning and Environment Bar Association
Member, SHLA (Social Housing Law Association)
Member, ELBA (Employment Law Bar Association)
Member, ALBA (Administrative Law Bar Association)

Qualifications

MSc in Conflict Resolution and Mediation Studies, Birkbeck College, University of London
Centre for Effective Dispute Resolution mediator
BA (hons) French and Spanish, Birkbeck College, University of London
LLB (hons) AKC Kings College, University of London