David Thomas

Call 2009

"Technically excellent."

Chambers UK 2024


David has a busy professional liability practice, frequently taking on professional negligence claims concerning solicitors, brokers, architects and surveyors.

David’s professional negligence practice has been recognised in both the Legal 500 and Chambers & Partners in recent years, where he has been described as: “very approachable”, “exceptionally bright, enthusiastic and hard working” and “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 professional negligence practice overlaps with his construction practice. David is regularly instructed on architects’ negligence matters and claims arising out of the negligent design or construction of buildings.

David also has a good deal of experience with accountants’ negligence claims. Cases have included defending a firm of auditors who failed to prevent an employee from embezzling money and proceedings involving a firm of accountants whose solicitor client was found to be in breach of SRA reporting rules.

Notable Professional Negligence cases

Defending a firm of litigation solicitors alleged to have negligently advised upon and/or issued a Part 20 Claim in proceedings concerning the alleged forgery of financial documentation.

Advising solicitors in a claim against a barrister instructed to write a ‘standard form’ letter of claim, but which was plagiarised from another firm’s standard form letter.

Acting (with Charles Dougherty KC) for a leading Silk and the Bar Mutual in the defence of a £15m claim arising out previous unsuccessful litigation relating to a historic share sale agreement in the IFA sector.

Defending a firm of family law solicitors who in wardship and committal proceedings for a client who was imprisoned for contempt of court due to his refusal to return his children to the UK.

David acts for insurers and insureds on a variety of coverage and claims issues; he has extensive experience of advisory and court work.

Recently David has advised extensively on the various insurance repercussions arising out of the ‘cladding crisis’ following the Grenfell Tower fire, and in respect of the COVID-19 pandemic.

Alongside his general insurance work, David has a specialist practice pursuing and defending claims on permanent health, critical illness (and similar) insurance policies.

David has also developed a niche practice in respect of art insurance related disputes.

Notable Insurance & Reinsurance cases

Advising an art wealth management company in a claim on its PII policy following a loss of funds arising out of a sophisticated email interception fraud.

Acting for an insurer in respect of an insurance claim arising out of arson at a cinema and nightclub in where the scope and application of a malicious person’s exemption is in dispute.

Representing insurers seeking to recoup money paid on a BII policy prior to learning that the insured had failed to disclose its director’s string of previous failed business ventures.

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 KC).

David is an established commercial practitioner, having experience of a wide range of commercial disputes, including commercial disputes where fraud is alleged.

David has a busy and varied commercial practice, which overlaps with his insurance and professional indemnity work.

David has also been involved in a number of high value commercial fraud cases, often with an international element, including a claim against the former partner of a solicitors’ firm for diverting client funds and an action for injunctive relief against the legal advisor to a high net worth individual.

Notable Commercial Dispute Resolution & Commercial Fraud cases

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.

Notable Life and Health Insurance cases

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.

David has extensive experience of a wide range of product liability matters, with particular experience of cases arising from all manner of products resulting in fire, and he has particular experience of claims under both Parts I and V of the Consumer Protection Act 1987.

David is part of a multi-specialist team in the Grenfell Tower Public Inquiry representing the designer and commissioner of the smoke extraction system installed at Grenfell Tower.  This role continues call upon David’s expertise in understanding extensive expert and technical evidence. David has also developed a deep understanding of the legislative and regulatory requirements in this context.

David’s involvement in the Inquiry has also given him a detailed knowledge of the issues arising out of the use of various cladding and insulation products in tall residential properties.

David regularly advises and appears in a wide range of property damage proceedings including flood, fire, tree root subsidence and defective premises claims. His work is evenly balanced between representing claimants and defendants.

David’s involvement in the Grenfell Tower Public Inquiry, competing with his insurance knowledge, have made him well placed to advise on the many construction and fire safety issues faced by the owners, developers and insurers of modern residential buildings; and he has extensive experience of such work.

David’s property damage practice overlaps with his professional liability work, and he regularly acts for or against professionals in claims arising out of property design or construction.

Notable Property Damage cases

Acting for a firm of consulting structural engineers alleged to have designed foundations inadequate to withstand the effect of nearby vegetation leading to a client’s home being demolished.

Pursuing claims against a fire prevention advisor and an industrial cleaning company following catastrophic fires at fast food units in London railway stations.

Representing the importer of LED spotlights which were alleged to have caused a significant house fire.

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.

Privacy Policy

David Thomas Privacy Policy

My contact details:

ICO Reg No: Z2493752
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.


As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

"A real gem."

Legal 500 2023

"Reliable and helpful."

Legal 500 2024

"...an absolutely fantastic barrister."

Chambers UK 2023

"One of the best professional negligence barristers out there."

Legal 500 2023

"Brilliant lawyer and a delight to work with."

Legal 500 2023

"A real brain, and charming with it."

Legal 500 2022

  • Denning & Hardwicke Scholarships, Lincoln’s Inn
  • KPMG Prize – for best performance in BCL Corporate & Business Taxation
  • Accredited FRU Representative – Employment Law
  • Volunteer, Hackney Community Law Centre

  • BPP Law School, London
  • BCL (Distinction), Lincoln College, Oxford University
  • BA Jurisprudence (First), Exeter College, Oxford University

  • PNBA
  • PIBA

Winner of BPP Mooting Competition (2009)

“David Thomas consistently provides sound commercial advice, and is extremely user-friendly and responsive.”
“He has attention to detail and a nice way with clients. He turns work around quickly – the quality of the work stands out.”
“He has demonstrated commerciality and responsiveness as well as providing technically excellent advice.”
“A valued junior who is user-friendly and knows his stuff.”
Chambers UK 2024

Reliable and helpful. Good drafting skills and effective in Court, on what are often sensitive cases where the claimant has very strong views.
Legal 500 2024

“David Thomas is an absolutely fantastic barrister. He is very analytical and extremely bright.” “David is able to quickly process and understand large volumes of information and complex issues.” “He is an incredibly safe pair of hands and has extremely good judgement.”
Chambers UK 2023

“David has a calm manner, is very thoughtful and offers considered advice in conference. His written work is also of high quality.” “A real gem – one of the best professional negligence barristers out there. Brilliant lawyer and a delight to work with.”
Legal 500 2023

“He’s helpful, completely on top of all documents and has a broad knowledge of property damage law. Whatever question you ask him, he’ll always have a practical answer.” “He’s thorough and has so much knowledge in his head. He’s good at analysing the issues and finding the right strategy to apply.” “He’s responsive and good at the technical detail of cases.”
Chambers UK Bar 2022

“David is beloved by clients and fantastically easy to work with. A real brain, and charming with it.”
“Very user-friendly with prompt turnarounds – my go-to mid-level junior.”
Legal 500 2022

“He’s a very bright and practical team player.”
“His diligence and ability to get on with tasks is impressive.”
“He has a very good attention to detail.”
Chambers UK 2021

“He is very bright, user friendly and a team player. He is an established practitioner in this area, and has expertise in “pure” professional negligence and technology and construction work.”
“Has established a first-class junior insurance practice, based on his excellent technical understanding of the law and his multi-disciplinary understanding of the issues underlying policy coverage claims.”
Legal 500 2021

“Diligent, thoughtful and displays a maturity of analysis above his year of call”
“He is impressive and very good with clients”
Legal 500 2020

“Exceptionally bright, enthusiastic and hard working”
Chambers UK 2018

“…easy to work with, very reliable and hard-working”
Chambers UK 2017

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