David Mendes Da Costa | Barrister


David has practised as a family lawyer and civil barrister since 1980. He has extensive experience at all levels of the family court system, whether initial hearing, trials or appeals. His practice has ranged from financial remedy issues, Inheritance and Family Provision trials to Residence and Contact cases. His area of particular interest is jointly owned property where the shares are in dispute.

He has advised in a number of cases involving powers of attorney.

He now specialises in work as a direct access barrister and as an accredited litigator. David has a Litigation Extension which means that he can go on the record in the same way as a solicitor. Where possible David likes to offer package deals for litigation. This means quoting a price to act for you throughout your case to its conclusion. If a deal is agreed it can help make sure that you will be able to finish your case. Though he prefers to steer a reasonable and non-contentious course if it is in his client’s interest, David is a fierce fighter when required.

Being accredited both as a family and commercial mediator and having considerable experience in civil and commercial work too; David is able bring a wealth of experience and expertise when acting as an advocate and negotiator in civil and commercial mediation.  It also enables him to understand and provide the support some clients need in litigation.

Notable cases

  • R v R (2017) Acting for an intevenor  successfully opposing a Section 37 Application. 8 days CFC
  • M v K (2017)  6 day fact finding acting for Father successfully.  As a result an application to relocate abandoned
  • Amin v Amin (2015)Appeal of pension sharing order and order for sale of family home.
  • Re S [1994] 1 FCR 577 (CA)
  • Re S (a minor) (stay of proceedings) [1993] 2 FLR 912 Forum dispute arising from application for permission to relocate child.
  • Khan v. Khan [1995] 3 FCR 569 (CA) Wife applying for husband’s committal and ouster from the matrimonial home.
  • Abdullah v City of Westminster [2007] EWCA Civ 1566 (CA), Housing Act Appeal
  • GMAC v Khan and Butt (13 October 2009) Central London County Court (Chancery) HHJ Marshall QC. Dealing with issues of rectification, indemnity and blameless mortgagees under the Land Registration Act 2002 where an innocent house owner was a victim of fraudulent land registration.