David is a specialist in commercial/chancery litigation and dispute resolution and combines a solid chancery and insolvency background with a predominantly commercial practice. He has significant experience in complex and high value claims.
David’s practice is principally concerned with substantial commercial disputes including contract, insurance, credit and securities, corporate, insolvency and professional negligence (particularly solicitors, surveyors and insurance brokers). He is frequently concerned with questions of interpretation, rectification, mistake, misrepresentation and fraud as well as fiduciary duties and equitable remedies.
David also has significant experience acting against regulators including the FCA and trading standards and has been instructed at appeal level in cases involving abuse of process and misfeasance by statutory bodies.
His recent instructions include disputes about the interpretation and rectification of contracts, the classification and enforcement of guarantees/indemnities, directors’ duties, shareholder remedies, preferences and transactions at undervalue, commercial insurances (and brokers’ duties), solicitors’ negligence/liability in litigation, advisory and transactional property work, surveyors’ negligence in property work as well as freezing injunctions and other interim remedies.
David is currently instructed in a number of claims against solicitors arising out of litigation, advisory and transactional property work. He has particular expertise in negligence claims arising out of the conduct of litigation and claims arising out of property and other transactions including breach of warranties, undertakings as giving rise to absolute or qualified obligations and breaches of trust.
He is also currently involved in a number of policy holder claims against insurers and brokers. The claims concern buildings/contents/business interruption and professional liability coverage. The claims against brokers are for breach of duty resulting in under insurance, non-disclosure and breaches of warranties/conditions.
He has been instructed to lead other juniors, a notable example being the bank card test case of Carey v HSBC Bank Plc  EWHC 3417 (QB) where he was instructed for a number of the banks’ customers.
His practice includes considerable advisory work as well as non-contentious drafting. He brings a thorough and analytical approach to all his work and his focus is on providing practical commercial advice to his clients.
Collier v P & M J Wright Holdings  EWCA Civ 1329  1 WLR 643 where he successfully argued that the High Trees principle should be applied to an accord between a creditor and debtor.
Gateley Manchester LLP v Rose & Another  EWCA Civ 401 for the successful appellant upon grounds that a trial of preliminary issues had been inappropriate and judgment should be set aside
Rossetti Marketing Ltd v Diamond Sofa Co Ltd  EWCA Civ 1021 which concerned the primacy of fiduciary obligations in the context of an agency relationship.
Parallel Imports (Europe) Ltd v Maurice Radivan & Another  EWCA Civ 1373 which concerned causation and damages in fraudulent misrepresentation.
Gibson Dunn & Crutcher & Another v Rio Properties Inc.  EWCA Civ 534 which concerned the appointment of an interim receiver and manager of a debtor’s estate.
Ross v McGrath  EWCA Civ 1054 in which the issue was whether a general acknowledgment of indebtedness could apply to several and distinct debts for the purposes of limitation.
Phillips v Fryer  B.C.C. 176 which concerned the relationship between the derivative claim and the unfair prejudice remedy.
Carey v HSBC Bank Plc  EWHC 3417 (QB) the bank card test case where he was instructed for a number of the banks’ customers.
Teasdale v HSBC Bank Plc  EWCA Civ 354 which concerned costs on discontinuance.