David Mendes Da Costa

David Mendes Da Costa is a family and civil barrister whose particular interest is disputes over jointly owned property, including cases where a property is registered in one person's name and another claims an interest arising from a financial contribution or other basis, which commonly arise between cohabiting couples whose relationship has broken down. Recognising that litigation in this area is costly, he offers a service designed to resolve matters economically, exploring settlement comprehensively and, where that is not possible, taking proceedings in the most cost-effective way.

He has practised in family and general civil law, including property, since being called to the Bar, with extensive experience at all levels of the family court, initial hearings, trials and appeals, across financial remedies, Inheritance (Provision for Family and Dependants) Act claims, and residence and contact cases. He has also advised in a number of cases involving powers of attorney.

David now works as a direct-access barrister and accredited litigator: his litigation extension allows him to go on the record as a solicitor would, and where possible he offers fixed package deals covering a case through to its conclusion. Accredited as both a family and commercial mediator, he brings wide civil and commercial experience to his work as advocate and negotiator, and while he prefers a reasonable, non-contentious course where it serves the client, he is a determined advocate when required.

Notable cases

• Acted (2017) for a client in intervenor proceedings within a divorce where a transfer of property to the client was challenged; after a nine-day hearing the challenge was defeated, with the client's costs a small fraction of the other parties'.
• Successfully contested a six-day fact-finding hearing for a father (2017), as a result of which the mother's application to relocate was abandoned.
• Acted (2018) in significant financial remedy cases seeking variation and capitalisation of periodical payments, achieving successful outcomes in both.
• Acted (2018) for a client who had paid a large sum towards the mortgage of a property in his former partner's name; within months of instruction the payment was protected by an interim injunction and a claim issued, and the matter resolved with the client recovering his outlay and a further substantial sum.

Professional & academic

• Called to the Bar in 1976; has practised in the Temple in family and general civil law, including property, since then
• Fully accredited mediator (family and commercial); accredited litigator with a litigation extension