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:
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  EWHC 1717 (Ch) and making an application for security for costs  EWHC 1432 (Ch).
Terry v BCS Corporate Acceptances Ltd  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  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  EWHC 1343 (QB);  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.