David has a predominantly litigation-based practice with a particular emphasis on commercial, chancery, company, insolvency, banking, civil fraud and contentious trust work. He appears regularly in courts in England. David has also acted in relation to many international cases including in the Bahamas, Bermuda, the British Virgin Islands, the Cayman Islands, Jersey and Gibraltar.
Instructed in relation to many of the recent major insolvencies, David has appeared for the officeholders of the US arm of MF Global and in the Supreme Court for the winding up board of the Icelandic bank, Landsbanki.
A specialist and highly recommended trial lawyer David has appeared in many major, lengthy trials including in relation to the Maxwell saga, the KWELM litigation and the Thyssen litigation in Bermuda.
The leading guides to the UK Bar have variously described David as an "astute and brilliant trial silk", "a brilliant litigation strategist, and a hard hitting trial lawyer" and "the best cross-examiner in the business".
AREAS OF PRACTICE
Insolvency and Restructuring
David has acted in relation to most of the notable insolvencies since the end of the 1980s (eg MF Global, Landsbanki, Lehman, Madoff, Parmalat, Enron, TXU, Maxwell, BCCI and British & Commonwealth).
Recent cases include:
- Acting for the officeholders of the US arm of MF Global in relation to a claim for more than US $200 million against MF Global UK (2012/2013)
- Heritable v Landsbanki  1 BCLC 465, acting for the winding up board of the Icelandic bank, Landsbanki, in the Supreme Court on an appeal from Scotland in relation to the rejection of Landsbanki’s proof of debt by the administrators of Heritable bank
- Re GPA Limited, a breach of duty claim against a former director for £45 million
- Re Atrium Training Services Ltd  All ER (D) 241 (Sep), a claim by liquidators against former directors and shareholders for £45 million for fraud, breach of duty and/or a transaction at an undervalue
Banking and Finance
David has extensive experience of dealing with banking matters, and in particular claims by banks and other financial institutions against private individuals and claims against banks.
Recent cases include:
- Marrache & Co (acting by its Joint Liquidators) and Ors v Jyske Bank (Gibraltar) Limited; Marrache & Co (acting by its Joint Liquidators) and Ors v Baker Tilly Claims against a bank and the auditors of the company for dishonest assistance in a breach of trust and/or knowing receipt and/or damages for negligence in relation to the operations of a law firm in Gibraltar
- Bibby Financial Services v Magson, guarantee and warranty claims
- National Westminster Bank v Alfano, guarantee claims
Commercial Litigation and Arbitration
David has acted in relation to a broad range of commercial litigation.
Recent cases include:
- LBI Hf (formerly known as Landsbanki Islands hf) v Stanford  All ER (D) 227 (Nov). Major litigation involving a claim by Landsbanki against Kevin Stanford (the founder of the Karen Millen clothing chain) for in excess of £20 million. The Defendant alleged oral agreements under which he said he did not have to repay loans and counterclaimed for misrepresentation/fraud. The case gave rise to English and Luxembourg insolvency and contractual law issues, and involved numerous interlocutory hearings and decisions on procedural matters as well as a lengthy trial
- Smithson v Naggar  All ER (D) 151 (Jul) for first instance, and  All ER (D) 118 (Jul) for Court of Appeal. Claims for breach of duty and for contravention of Section 190 of the Companies Act 2006 (substantial property transactions), and for misrepresentation and/or negligent misstatement arising out of the entering into of contracts for difference
- Exsus Finance v Turner  All ER (D) 220 (Oct)
- International Consolidated Minerals Limited; Moses v Fry A claim for breach of duty in relation to the sale at an undervalue of a company’s main asset (a mine in Peru)
- Stanley and others v TMK Finance Ltd  All ER (D) 295 (Dec)
Trusts and Property
David has a considerable practice revolving around contentious trusts litigation. He acted on behalf of Baron Thyssen for seven years in the Thyssen litigation in Bermuda. Since then he has been involved in other trust cases in Bermuda and Jersey, including recent hearings in the Supreme Court of Bermuda and in the Bermuda Court of Appeal.
David has advised and acted in relation to a number of sporting matters including acting for Terry Venables in his dispute with Alan Sugar in relation to Tottenham Hotspur Football Club in the 1990s. He also acted for the former boxer Nigel Benn as well as in relation to the affairs of a number of football clubs including Leeds United, Cardiff City and Swindon Town.
Generalist reviewer for the Bar Pro Bono Unit
AWARDS AND RECOMMENDATIONS
|Chambers & Partners||
"Astute, and a brilliant trial silk"
"Impresses with how quickly he gets to the heart of the issue"
|2006||Appointed Queen’s Counsel|
|1987||Called to the Bar of England and Wales|
David has also been called ad hoc to the bars of Bermuda, the Bahamas and Gibraltar.
Dealt with a number of Bar Council and Law Society Joint Tribunals
Insolvency Practitioners’ Association Reviewer of Complaints
Chancery Bar Association
Commercial Bar Association
Bar cricket side, The Refreshers
EDUCATION AND QUALIFICATIONS
|1983-86||Magdalene College, Cambridge University, MA|