Practice Overview
David has a particular interest in professional negligence, property damage and insurance work, taking on extensive advocacy and advisory work for both claimants and defendants.
David has been described in Chambers & Partners 2018 as “Exceptionally bright, enthusiastic and hard working.” He is recommended for his professional negligence work in Chambers & Partners where he has been praised for being: “easy to work with, very reliable and hard-working; he can take the lead when he needs to… He turns things around quickly and always gives good-quality work.”
David’s practice also encompasses commercial fraud, personal injury and construction work, where he has considerable experience of both court and paper work.
Recent cases include:
- Representing a firm of solicitors in a negligence claim arising out of the omission of Fitness First’s leasehold interest in its Glasgow gym from its CVA.
- Acting for a firm of architects who were alleged to have failed to specify the correct materials for an external timber staircase at a new build residential development, leading to a homeowner sustaining personal injury.
- Acting for solicitors who were alleged to have failed to spot the existence of a right of way running through land that their clients wished to purchase in order to build their dream home upon it.
- Representing a firm of brokers in a claim brought by property management agents/LPA receivers who alleged that they had negligently obtained inadequate insurance cover for properties under the agents’ management.
- Advising a firm of solicitors who were alleged to have negligently advised their lay clients to invalidly attempt to terminate an agreement with a property developer for the development of a residential estate on land that they owned.
- Advising (with Charles Dougherty QC) a French Notaire and his insurers in a claim brought by English clients arising out of alleged negligence and breach of fiduciary duties in respect of the purchase of properties at a French tourist village.
- Representing a firm of solicitors in a lender’s claim arising out of the purchase of a flat conversion property which had not been converted in accordance with planning permission.
Recent cases include:
- Advising on scope of notification and aggregation as part of a coverage dispute under the solicitors MTC in respect of a firm of solicitors involved in selling ‘hotel development’ schemes (with Charles Dougherty QC).
- Advising on notification and mitigation provisions in the context of repeated flash flooding to local authority housing.
- Representing an insurance company seeking to recoup money paid to an insured on a business interruption policy prior to learning that the insured had failed to disclose its director’s string of previous failed business ventures.
- Advising as to the effects of negligent misrepresentations made when obtaining motor insurance the context of the Consumer Insurance (Disclosure and Representations) Act 2012.
- Representing a claimant in a home insurance claim arising out of the use of a buy-to-let property as a cannabis farm.
David also has a specialist practice pursuing and defending claims made on permanent health and critical illness insurance policies, where he is able to draw upon his experience of both insurance and personal injury work.
Recent commercial cases include:
Representing an international school in a dispute concerning the correct interpretation of a shareholders’ agreement.
Advising a Turkish business in respect of the enforcement of personal guarantees held by directors of an English company.
Defending a claim made by a Dutch executive search company for commission said to be due under an agreement to find candidates for leadership roles in a UK design firm.
Advising on contribution proceedings following the commercial settlement of claims arising out of allegedly defective water pumping equipment.
David is regularly instructed in proceedings arising out of claims made on permanent health and critical illness policies, where he is able to draw upon his experience of both insurance and personal injury work. He is also instructed in a range of life insurance matters, from issues of policy construction and administration to attendance at inquests. David’s previous experience includes:
Recent cases include:
- Representing permanent health and critical illness insurers in contested High Court proceedings arising out of claims in respect of CFS/ME.
- Advising and representing a life insurer in respect of allegedly fraudulent withdrawals made from a life insurance bond.
- Successfully representing a permanent health insurer at a three-day trial where an indemnity had been denied on the basis of a pre-existing condition.
- Advising and securing an advantageous settlement for a life insurer/pension scheme administrator who had allegedly overpaid benefits to a deceased member of a pension scheme.
- Attendance and representation of a life insurer’s interests at an inquest in a case of suspected suicide.
Recent cases include:
- Pursuing claims against a fire prevention advisor and an industrial cleaning company following catastrophic fires at fast food units in London railway stations.
- Acting for a claimant care home owner in respect of flooding to its property, said to have been caused by the local council’s installation of railings in an adjacent park, which diverted the flow of water in the direction of its property.
- Representing a home and business owner in a flooding claim said to have been caused by the change of use of farmland surrounding his property.
- Representing claimant homeowners at trial in a tree root subsidence damage claim against a local authority.
- Acting for landlords in a nuisance/business interruption claim arising out of allegations of disrepair in a commercial building.
- Representing the importer of LED spotlights which were alleged to have caused a significant house fire.