David Mohyuddin KC

Call 1999


"Extremely approachable, responsive and hands on. Legal and strategic advice is always clear and robust and advocacy is first rate."

The Legal 500 2022
Photo of David Mohyuddin KC

Commercial Fraud

David has practised commercial litigation since he started at the Bar and continues to do so in Silk. He has extensive experience of civil fraud cases on which his work has a particular focus. He is just as comfortable making or resisting urgent applications for injunctive relief (understanding the strategic importance of the outcome of such applications) as he is dealing with multi-day trials and appeals.

Commercial Fraud Cases

Recent examples of David’s work fraud include:

2020: Advising a large group of claimants seeking damages from the professionals who acted for them in their failed investments in off-plan apartments.

Absolute Living Developments Ltd (in liquidation) v DS7 Ltd & others (2018): Acting for the majority of the defendants to a £14m fraud claim involving allegations of de facto and shadow directorship and breach of directors’ duties; hearings included defending an application to commit for breach of a freezing injunction [2018] EWHC 1717 (Ch) and making an application for security for costs [2018] EWHC 1432 (Ch).

Terry v BCS Corporate Acceptances Ltd [2018] EWCA Civ 2422: Successfully resisting an appeal from a decision dismissing an allegation that an earlier judgment had been obtained by fraud; decision confirms the proper procedural approach to such allegations.

Confidential 2018 case: Acting for the respondent to a £23m freezing injunction obtained in support of a Dubai arbitration.

Ongoing 2019 case: Defending a regulated professional accused of having given false oral evidence at trial and of having fabricated one of the key documents.

Ongoing 2019 case: Defending an claim for breach of warranties given on a sale of shares where documentation is alleged to have been fabricated.

Confidential 2017 case: Acting for a major utilities provider in bringing proceedings against a sub-contractor and its directors in respect of over-charging involving obtaining a freezing injunction and then going on to achieve a compromise soon after.

Prior to taking Silk, David led in the Court of Appeal for one of the respondents in Denton v White [2014] EWCA Civ 906, dealing with the proper approach to be taken on an application for relief from sanction under CPR 3.9.

Montpellier Estates Limited v Leeds City Council [2012] EWHC 1343 (QB); [2013] EWHC 166 (QB): Successfully defending a huge deceit claim (valued at in excess of £35million; trial lasted 35 days) brought in the context of the procurement exercise for the Leeds Arena.

The Sonae Group Limited (2013): Acting on an urgent basis for the insured defendant to a large number of personal injury claims brought in respect of a fire at commercial premises, successfully overturning the grant of a freezing injunction obtained against the defendant.