David Bartos has extensive advocacy experience in the area of property, commercial and trust, succession and executry litigation. He is ranked tier 1 in the current edition of the Legal 500 (2016) for commercial litigation; company & insolvency; property, construction and agriculture; and tax, trusts and pensions.
David qualified as a solicitor in 1990 during his traineeship with Bishop and Robertson Chalmers (now Brodies). Thereafter he was Legal Assistant to the Lord President of the Court of Session (then Lord Hope of Craighead) during which he gained experience of legislative drafting.
Aside from advocacy, David's other interest is in arbitration. He is a Fellow of the Chartered Institute of Arbitrators and has acted as an arbitrator (arbiter). He is available to accept appointments as arbitrator in any dispute in any of the areas in which he specialises. David is co-author of the first commentary on the Arbitration (Scotland) Act 2010 published by W. Green
In his property practice he has acted for clients in disputes over missives, boundary and access disputes, discharge of real burdens, obtaining compensation for compulsory purchase, council house applications to buy, opposition to rectification of the Land Register, and fraudulent non-disclosure in a sale of property. He has acted in professional negligence claims involving solicitors, a surveyor and architectural technician.
In addition he has an extensive advisory practice covering all aspects of property and related contract law and practice including advising on missives, servitudes and public rights of way, repossessions under standard securities (including Islamic mortgages), liferents, nuisance, and council tax. In intellectual property he has advised on enforcement of trademarks and logos.
In landlord and tenant matters he has experience of actions of irritancy, removing, seeking keep-open orders, declarators of agricultural lease and damages for dilapidations as well as advice across the whole range of occupiers' rights and liabilities. David sits as a chairman of the tribunal committees of the Private Rented Housing Panel.
In commercial matters he has acted for purchasers and sellers of goods ranging from medical equipment through concrete blocks to scaffolding parts, for borrowers and lenders of money, in hire purchase disputes, for partners in dissolution of partnerships and shareholders in dissolution of small companies, including relief for unfairly prejudicial conduct. He has acted in agency and public procurement disputes. David specialises in interpretation of contracts. In insolvency situations he has acted in reduction of gratuitous alienations, recall of sequestrations and claims against directors and by creditors in sequestrations and
In his executry and trust practice David has acted for disappointed beneficiaries challenging wills, seeking to prove the tenor of wills, seeking count reckoning and payment, declarators of trust and constructive trust and the removal of executors. He has represented a client in seeking judicial review of a local authority decision on care costs. He has acted for judicial factors in their appointment and discharge. Not least in this area he has given many opinions on the meaning of wills and trust deeds and issues such as vesting. David is a founding member and Chairman of TrustBar (The Trusts Fiduciaries and Executries Bar Group).
‘He is approachable, communicative and knowledgeable.' Tier 1, Commercial Litigation, Legal 500, 2016
‘He is meticulous and flexible.' Tier 1, Company & Insolvency, Legal 500, 2016
'Painstaking in his attention to detail.' Tier 1, Property, Construction & Agriculture, Legal 500, 2016
‘Cases concerning wills, trusts and succession issues are an important part of his practice.' Tier 1, Tax, Trusts & Pensions, Legal 500, 2016
'Provides comprehensive, measured and intelligible advice.' Legal 500, 2015
'Recommended for his broad commercial practice.' Legal 500, 2014
'Expertise in commercial leases.' Legal 500, 2013
'Experienced in trust and executry matters.' Legal 500, 2013
- Chairperson to the Private Rented Housing Panel: January 2011 to date.
- Standing Junior Counsel to the Department of Work and Pensions: 2000 to date.
- Chairman of TrustBar (The Trusts Fiduciaries and Executries Bar Group) 2012 to date.
- President, Glasgow Juridical Society 1993
- Arbitration (Scotland) Act 2010, a commentary by Professor Fraser Davidson, Hew Dundas and David Bartos (co-author), published June 2010
- Legal Error Appeals : The First Shoot Appears" Dec 2011 CIArb Scottish Branch Newsletter (and on his website http://www.davidbartos.co.uk/
- Old Wine in New Bottles : Common Good in the 21st Century" 2012 S.L.T. (News) 233 (and on his website)
- "Advance to Free Parking" : Scottish Law Gazette, December 2007 (and on his website)
- "Double Yellow or Single Yellow": the right to park after Moncrieff v. Jamieson 2006 S.L.T. (News) 9
- "Real Burdens : their effect on development" : Greens' Property Law Bulletin 1997
- Greens' Annotated Rules of the Court of Session 1994 - Co-annotator
- Arbitration Application No.1 of 2013  CSOH 83 , 9 May 2014
- Scott v. McKandie, c.14 November 2012, Aberdeen sheriff court (unreported) (interpretation of contract)
- Johnston's Trustee v. Baird  CSOH 117 (whether trust or contractual relationship and adequacy of consideration for bankrupt's alienation)
- Rennie v. Cullen House Gardens Ltd (Lands Tribunal for Scotland) LTS/TC/2011/09 (whether real burden should be varied for development in a historic listed building complex)
- Hardie v. Morrison & Ferris, 2011 Kirkcaldy sheriff court (10 July 2012 affirming 5 October 2011) (undue delay in prosecution of partnership claim sisted for c. 10 yrs)
- Hill v. Stewart Milne Group  CSIH 50 (penalty clauses in contracts)
- Smyth v. Rafferty  CSIH 27 (interim interdict against wrongful distribution of estate; beneficiary's entitlement to property rather than sale proceeds)
- Hamilton v. Nairn  CSIH 77; 2011 S.C. 49 (access across road verge)
- Forbo-Nairn v. Murrayfield Properties  CSIH 94 (construction and interpretation of missives)
- Park, Petitioners 2009 S.L.T. 871 (whether faxed missives are binding)
- Connell v. Hart  CSIH 67 (construction and interpretation of missives)
- Lightways (Contractors) Ltd v. North Ayrshire Council 2008 S.L.T. 690 (public works procurement, whether breach of regulations, entitlement to interim remedy)
- Yaxley v. Morrison and Others 2007 S.L.T. 756 (rectification of servitude in Land Register)