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Called to the Bar in July 1984 by Lincoln’s Inn, David practised in the Chambers of Philip Rueff at 2 King’s Bench Walk until 1991; the Chambers of Philip Sapsford QC at Goldsmith Building until 2001; and at 42BR ever since. David is a Commercial and Chancery practitioner who has garnered extensive experience of all manner of problems arising in the course of both the profitable pursuit, and occasional failure, of every form of commercial activity. David qualified as an Arbitrator in 2002; and in 2003 was elected a Bencher of Lincoln’s Inn.
In 1994 David was one of the “new wave” of barristers introducing structured advocacy training into England & Wales; and who in 1995 was part of the team invited to South Africa to assist in the introduction of post-Apartheid legal training. In 1996 David designed and implemented the Pupils’ advocacy training course for Lincoln’s Inn; which has been running tri-annually ever since, and a compulsory component for the acquisition of Rights of Audience. In 1999 David introduced the “moderated debate” method of instruction in legal professional ethics, now a compulsory component of the Bar Standard Board’s requirements for continuing professional development. David has been a Lead Trainer and Course Director for the Advocacy Training Council since its inception; a panel member authorised to assess standards of advocacy teaching by the Bar Professional Training Course Providers; and, by invitation, an advocacy and ethics trainer in jurisdictions abroad which have retained or adopted the Common Law system.
David specialises in advice, drafting and representation in all disputes involving personal or commercial bank accounts; performance bonds; letters of credit; investment vehicles and family trusts; interest swap, spot-rate lending or trading accounts; and the enforcement of mortgages and other securities.
David’s clients have included the Nationwide Building Society, Halifax plc, Eagle Star, Leeds Permanent, Mortgage Works and UCB Home Loans; in connection variously with the recovery of assets worldwide (predominantly the proceeds of diversion/identity frauds), regulatory compliance issues, and the enforcement of securities.
For example –
Freezing and Disclosure Orders seeking the recovery of mistaken payments and diverted funds: defendants have been traced to the USA, France, Germany, Italy, UAE, Cyprus, Lebanon and Syria.
Advising upon compliance and risk issues arising from a Friendly Society’s decision to acquire the shares of a private, internet-based “self-certification of earnings” mortgage lending company; and further advising on compliance with Anti-Money Laundering Regulations after the company’s acquisition and the reorganisation of its “customer-facing” business structure.
Advising a large financial institution on £multi-million pre-arbitration claims within the VISA scheme (and in private law) arising from the TJX data intrusion fraud of 2007, the Cotton Traders internet data intrusion fraud of 2008; and offering solutions with respect to possible security measures in response to “cloning” and interception fraud.
Fiduciary duties, constructive trusts and asset protection/recovery; investigations and urgent remedies (e.g. Search/Seizure and “Freezing” orders, tracing, accounts & inquiries); the forfeiture of assets; declarations as to rights, ownership and authorised transfer; Restitution and Rectification.
For example –
David is a Commercial and Chancery practitioner who has garnered extensive experience of all manner of problems arising in the course of both the profitable pursuit, and occasional failure, of every form of commercial activity. David qualified as an Arbitrator in 2002; and in 2003 was elected a Bencher of Lincoln’s Inn.
David acts for companies, groups and individuals engaged in a wide range of contractual disputes arising in the course of their trading activities. He has particular knowledge and experience of the frequent challenges to standard terms, “non-reliance”, Arbitration and Mediation clauses; the problems of parties being domiciled abroad; challenges to jurisdiction; cross-border and mutual assistance; and parallel proceedings.
For example –
David has acted for various UK companies seeking protection of their trade names and unregistered marks; representing them in litigation concerning the construction of their standard terms and conditions; contracts of carriage; through-sales, distribution and franchising agreements; and on various disputed insurance policies.
He has represented companies, individual directors and minority/majority shareholders respectively in the course of litigation seeking to limit, restrict or enlarge the control of company assets; including interim Injunctions seeking to delay, define or enforce powers exercisable in EGMs or at meetings of creditors; and advice/representation generally in the course of administrations and winding-up proceedings. For example –
David has advised and acted for employers, contractors, lenders and investors respectively in respect of disputes arising (or threatening to arise) in the course of both private and public development schemes. David has experience of challenging and affirming references to Arbitration; of drafting Mediation statements at very short notice; and of the enforcement of interim awards by Mediators. He is happy to accept instructions to represent clients in the principal ADR and Arbitration procedures, including those adopted by FIDIC and the DIFC.
For example –
Personal and corporate insolvency is an inevitable feature arising in much of David’s work; whether it provides the context within which other disputes arise (such as the priority of mortgages or other registered securities; recovering a third party’s goods held by liquidators despite retention of title), or whether it is the main challenge faced by the clients. Winding-up of companies and the bankruptcy of individuals; challenging Petitions and preventing advertisement; acting for liquidators and insolvency practitioners accused of misfeasance or negligence, or bringing/defending claims of over-charging.
For example –
David has regularly worked for claimants seeking damages from a wide variety of negligent professionals (predominantly receivers, investment advisers, accountants and solicitors) and their indemnity insurers. He has particular experience of advising solicitors and Receivers accused of negligence or misfeasance; but has also acted for clients and creditors accusing solicitors, Receivers, Liquidators or Trustees-in-Bankruptcy of negligence or misfeasance.
