David Rowell

Overview

After taking a first class Honours degree in law at New College Oxford, David Rowell began practice at the Bar in 1973 in the chambers of Lord Goodhart Q.C. at 3 New Square, Lincoln's Inn. He then moved to 9 Stone Buildings.

His practice covers the whole field of Chancery work but he specialises mainly in private client work, personal taxation, trusts, property law, landlord and tenant and charities.

Chambers and Partners UK Guide to the Legal Profession (2012 Edition) recommends him for Traditional Chancery and states that “an absolute whiz on complicated drafting” especially with regard to technical property, trusts and probate matters. Sources find him “very courteous, charming and solid on the law.”

Chambers and Partners UK Guide to the Legal Profession (2011 Edition) recommended him for Traditional Chancery and stated that "David Rowell is the go-to barrister if a complex instrument needs to be drafted, particularly if it has a tricky trusts, estates or probate angle to it. He has recently been involved in several high-profile family-oriented actions".

The Legal 500 (2010 Edition) recommends him as a leading junior in the fields of Private Client: personal tax, trusts and probate, and has done so for many years.

Whilst a good proportion of his practise is non-contentious, he is regularly instructed on contentious cases. Recent notable cases include: -

Re Erskine's Settlement, Gregg v Pigott raises the question whether the Human Rights Act 1998 alters the interpretation of references to illegitimate and adopted children in Wills and trusts created before 1969 and 1976 respectively (when discrimination against them was removed under English law.) The European Court of Human Rights has held that even documents executed before those dates must be interpreted so as to avoid discrimination against those classes of person - see Pla & Puncernau v Andorra [2004] EHCR 69498/01. The basic question therefore is whether the English courts should now follow the European Court or earlier English decisions ruling against illegitimate and adopted children, where the wording used in the trust deed is not precisely covered by any English court decision. In this instance the trust deed refers to "statutory next of kin" and there is no English court decision on that exact wording. Re Erskine's Settlement was tried on 15th and 17th December 2011 and is now awaiting judgment.
Ferneley v Napier [2010] All ER (D) (234) (Dec) (contested probate)
Judge v R & C Commissioners (2005) STC (SCD) 863 (inheritance tax)
Challock Parish Council v Shirley (1995) 2 EGLR 137 (easements and land valuation)
Hambro v Duke of Marlborough (1994) Ch. 158 (where he drafted a scheme for the future management of Blenheim Palace)
Rabin v Gerson Berger (1986) 1 All E.R. 374 (trusts)
Re Evans deceased (1986) 1W.L.R. 101 (claims against estates of deceased persons)
Re Box Hill Common (1980) Ch. 109 (commons registration)

He has also conducted Variation of Trusts Act applications and appeared in trust litigation on behalf of many well-known families including the Vesteys, the Spencer Churchills and the Dukes of Somerset and Hamilton.

He edited Law Pack's "Last Will and Testament"

Hobbies include travel, fell-walking and the theatre.

Practice Areas

Chancery
Private client
Personal taxation
Trusts
Land and property
Landlord and tenant
Charities

Call: 1973

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