Insurance & Reinsurance
David advises on and has acted in a range of insurance and reinsurance disputes. He has particular experience of the law of marine insurance and also has experience of issues of professional negligence in an insurance context.
He is recommended by The Legal 500, 2013 as a
"rising star" in the field of Insurance and Reinsurance who is "a 'go-to' junior for marine insurance".
David is currently writing the 11th edition of
Chalmers' Marine Insurance Act 1906 with Simon Rainey QC and Guy Blackwood, which is due for publication by Bloomsbury Professional in 2014.
Recent cases include:
, a Commercial Court action to recover unpaid premium from brokers under section 53(1) of the Marine Insurance Act 1906 which is resisted on the basis that paying premium would put Marsh in breach of various laws imposing sanctions on Iran. Norwegian Hull Club v Marsh
, a brokers' negligence dispute in the Commercial Court. Mentoras Ltd v VSK & ors
, led by Mark Templeman QC: a contested US$13million CTL claim in the Commercial Court. Involnert Management Inc v Aprilgrange Ltd & ors (The "GALATEA")
, again led by Mark Templeman QC: another contested US$8million CTL claim in the Commercial Court, which was settled. Bernina Martime Inc v RSA & ors (The "LIQUID ERA")
, a US$16m claim against insurers and reinsurers following the escape of gas during the drilling of an underwater well off the coast of Nigeria. Addax v IEI & ors Throughout 2011 he was instructed as part of a 6 strong counsel team in
, a substantial Commercial Court action concerning negligent claims handling across a number of books of business, which was set down for a 40 day trial before a settlement in late 2011. Markerstudy Insurance Company Limited v Endsleigh Insurance Services Limited In March 2011, David acted as sole counsel for underwriters in
where liability was successfully resisted under a freight liability policy. Donkin v Aviva Insurance Limited
Dornoch Ltd & ors v Westminster International BV & ors (The "WD FAIRWAY")  2 Lloyd's Rep. 191: David (led by Iain Milligan QC and Guy Blackwood) acted on behalf of the successful underwriters in this major marine insurance dispute following the constructive total loss of the "WD FAIRWAY". Issues considered by the Court in phase one included abandonment and the extent of underwriters' proprietary rights in a vessel on payment of a CTL and election.
Dornoch Ltd & ors v Westminster International BV & ors (The "WD FAIRWAY")  2 Lloyd's Rep. 420: in phase two of this action the Court considered the impeachment of transactions defrauding creditors under section 423 of the Insolvency Act 1986 in an insurance context. Again, David (led by Iain Milligan QC and Guy Blackwood) acted on behalf of the successful underwriters. In early 2010 David also acted (led by Bernard Eder QC, as he then was, and Guy Blackwood) in a third trial concerning the CTL of the "WD FAIRWAY", raising questions regarding an assured's entitlement to interest for the late payment of an indemnity, which was settled during final speeches.
He has had market experience on the marine side during a recent placement with RSA's Marine Hull Claims Team and on the aviation side during a placement with QBE Aviation Syndicate 5555.
Dry Shipping, Commodities & Transport
David has a busy dry shipping and commodities practice.
On the charterparty-side he has particular experience of unsafe port claims, demurrage, termination/withdrawal/anti-technicality clauses, issues of illegality, unseaworthiness, the NYPE Inter-Club Agreement, delivery/redelivery obligations, cancellation clauses and performance claims.
His commodities practice encompasses all aspects of international trade and futures, including oil trading, metals and foodstuffs.
David also has experience of a number of cases involving the carriage of goods by road, involving the applicaiton of the CMR, BIFA, RHA and UKWA terms.
Recent cases include:
David acted for the successful cargo interests in this Commercial Court claim for damage to frozen fish being carried in reefer containers from New Zealand to Germany. JP Klausen & Co A/S v MSC (The "SKY JUPITER")  EWHC 3254 (Comm):
David acted for the successful cargo interests in this claim against the owners of the CHS Inc Iberica SL v Far East Marine SA (The "DEVON")  EWHC 3747 (Comm): "DEVON" for damage caused to a consignment of corn when the subject voyage took 59 days instead of 8 days because of a main engine breakdown. Issues considered by Mr Justice Cooke included unseaworthiness, due diligence and the obligation to proceed with reasonable despatch.
: David, led by Transpetrol Maritime Service Ltd v SJB (Marine Energy) BV (The "ROWAN") Stephen Cogley QC, settled the application for permission to appeal to the Supreme Court from the Court of Appeal's decision at  1 Lloyd's Rep. 564. The case concerned the proper construction of an oil majors approval clause in a voyage charter.
Emeraldian Limited Partnership v Wellmix Shipping Company Limited & ors (The "VINE")  1 Lloyd's Rep. 301: David was led by Lionel Persey QC in this demurrage / safe berth dispute and associated guarantee claim, which involved a number of conflict of laws issues and the application of Chinese law and exchange controls.
Much of David's work in this area is in arbitration.
Recent arbitrations include:
In July 2013, David acted (led by Simon Croall QC) for the successful owners in a safe berth dispute before an LMAA tribunal. In September 2011, he was instructed as sole counsel in c.US$2m charterparty dispute set down for 5 days, which settled shortly before opening speeches. The case involved, among other things, allegations of unseaworthiness and a dispute over a deviation to take a pilot.
In November / December 2010, David appeared as junior counsel (led by Simon Croall QC) in an arbitration involving a c.US$20m claim for breach of two COAs for the carriage of bauxite. Issues considered included the application of without prejudice privilege and renunciation.
David has been instructed in a range of commercial cases:
He recently acted as sole counsel in the
litigation JSC BTA Bank v Solodchenko (a case involving commercial fraud, freezing orders and sentencing for civil contempt), settling an application for permission to appeal to the Supreme Court against the 21 month custodial sentence imposed by the Court of Appeal on Mr Kythreotis (see  1 WLR 350). David
was instructed as sole counsel in , a multi-million dollar Commercial Court claim for the alleged breach of a contract for the exclusive distribution of perfumes and fragrances in Nigeria. Industrial Flavours & Colours Limited v Robertet (UK) Limited
David also has particular experience of jurisdictional and other conflict of laws issues in a commercial context:
Emeraldian Limited Partnership v Wellmix Shipping Company Limited & ors (The "VINE")  1 Lloyd's Rep. 301: which concerned the law applicable to guarantees and the consequences of illegality under foreign systems of law.
Dornoch Ltd & ors v Westminster International BV & ors (The "WD FAIRWAY")  2 Lloyd's Rep. 191 (phase one) and  2 Lloyd's Rep. 420 (phase two): these cases considered, among other things, renvoi, the situs of a registered vessel and various issues of Dutch, Thai and Nigerian law.
David regularly appears in the Commercial Court in applications relating to security for costs, freezing orders and enforcement proceedings. Recently, he has also obtained two urgent,
ex-parte anti-suit injunctions in out-of-hours hearings before Commercial Court judges by telephone.
David has experience of arbitrations on ICC, FOSFA, GAFTA and LCIA terms. Confidentiality prevents the naming of particular disputes.
He has also been instructed in a number of arbitration claims in the Commercial Court (ss. 67, 68 and 69 of the Arbitration Act 1996), as well as an application to strike out an arbitration appeal for want of prosecution.
Energy, Shipbuilding & Construction
David regularly advises and acts in a variety of energy disputes:
He was recently instructed, with
Simon Croall QC, in , a c.US$7m claim in the Commercial Court relating to the supply of gasoil to a Kenyan storage facility. The case concerned, among other things, Kenyan law relating to the delivery of gasoil from or in commingled storage tanks. Glencore Energy (UK) Limited v Total Kenya Limited David was also recently instructed in an arbitration claim for damages of c.US$30million under an off-shore supply contract.
He also has experience of shipbuilding disputes and is currently instructed in a number of on-going arbitrations:
In January 2013, David acted with Simon Croall QC in a shipbuilding arbitration concerning the proper construction of a contractual requirement to supply evidence of registration of refund guarantees. The arbitration considered, among other things, changes in Chinese law on exchange controls.
He also appeared as junior counsel in an arbitration concerning an application by a buyer to perform certain non-destructive tests on the welds of a vessel prior to delivery.
Aviation & Travel
David is instructed by the major airlines in Convention claims and those under EC Regulation 261/2004 and has dealt with a number of claims resulting from the closure of airspace due to the volcanic ash cloud in April 2010.
He was instructed, led by Robert Lawson QC, in All Nippon Airways v Thai Airways , a US$20m Commercial Court claim for alleged negligent aircraft maintenance, which settled shortly before trial.
David has also acted as counsel in a number of high-profile inquests that have followed aviation disasters:
In October 2013, David appeared at the inquest into a death following a mid-air collision near Leicester airport. In October 2012, he was instructed to appear at the inquest into a death following a
mid-air collision at Shoreham airfield. In November 2011, David was instructed to appear at the inquest into two deaths at Rotherfield Greys, near Henley-on-Thames in Oxfordshire, which occurred when a bi-plane failed to recover from an
aerobatic manoeuvre. In October 2009, he was instructed on behalf of the North West Parachute Centre at the inquest into two deaths following a
mid-air collision between two light aircraft near Blithfield Reservoir, Staffordshire. In September 2009, David was instructed to appear at an inquest into two deaths following an
air accident at Seething airfield, Norfolk.
Banking & Finance
David regularly appears on behalf of major clearing banks and other lenders and financial institutions in both trials and interlocutory applications. He also undertakes advisory work in relation to commercial and consumer banking matters. David has experience of insolvency and bankruptcy proceedings.
He appeared in
, which considered, among other things, the impeachment of transactions defrauding creditors under section 423 of the Insolvency Act 1986. Dornoch Ltd & ors v Westminster International BV & ors (The "WD FAIRWAY")  2 Lloyd's Rep. 420
Full detail on selected areas will be included in the downloadable PDF.