David advises on and has acted in a range of insurance (both marine and non-marine) and reinsurance disputes. He also has experience of related issues of professional negligence.
Recent cases include:
· David is currently instructed with Guy Blackwood in Addax v IEI & ors
· He was instructed as part of a 6 strong counsel team in Markerstudy Insurance Company Limited v Endsleigh Insurance Services Limited
· In March 2011, David acted as sole counsel for underwriters in Donkin v Aviva Insurance Limited
·Dornoch Ltd & ors v Westminster International BV & ors (The "WD FAIRWAY") [2009] 2 Lloyd's Rep. 191
·Dornoch Ltd & ors v Westminster International BV & ors (The "WD FAIRWAY") [2009] 2 Lloyd's Rep. 420
· 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.
David has a busy shipping and commodities practice. He regularly acts in charterparty disputes and cases concerning the carriage of goods by sea and road, both in an advisory capacity and as an advocate.
Much of David's work in this area is in arbitration; see 'International Arbitration' below.
Recent Commercial Court cases include:
· Emeraldian Limited Partnership v Wellmix Shipping Company Limited & ors (The "VINE") [2011] 1 Lloyd's Rep. 301
David regularly settles written submissions both in relation to substantive arbitration proceedings and interlocutory applications. He is currently instructed in a number of on-going arbitrations.
Recent hearings include the following:
· In September 2011, David 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, he 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.
· In October 2009, David acted as sole counsel in an arbitration considering the tribunal's jurisdiction following a purported variation of an agreement to arbitrate in London. Issues considered included whether the variation was procured by economic duress.
· In July 2009, he appeared as junior counsel (led by Simon Croall QC) in an arbitration concerning a buyer's right to perform certain non-destructive tests on the welds of a vessel prior to delivery.
David regularly settles written submissions in paper-based arbitrations.
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.
David has acted in a range of commercial cases. He is currently instructed as sole counsel in Industrial Flavours & Colours Limited v Robertet (UK) Limited
David also has particular experience of jurisdictional and other conflict of laws issues in commercial disputes:
· Emeraldian Limited Partnership v Wellmix Shipping Company Limited & ors (The "VINE")[2011] 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")[2009] 2 Lloyd's Rep. 191 (phase one) and [2009] 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.
David regularly advises and acts in a variety of energy disputes. He is currently instructed, with Simon Croall QC, in Glencore Energy (UK) Limited v Total Kenya Limited
He also has experience of shipbuilding disputes and 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. David has also advised on a dispute arising from substantial modifications to an underwater cable-laying vessel.
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 recently instructed, led by Robert Lawson QC, in All Nippon Airways v Thai Airways
David has also acted as counsel in a number of inquests that have followed aviation disasters:
· 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.
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 Dornoch Ltd & ors v Westminster International BV & ors (The "WD FAIRWAY") [2009] 2 Lloyd's Rep. 420
David has undertaken drafting and advisory work in relation to a number of admiralty issues, including arrest, maritime liens and salvage.
