David is a Partner in Dispute Resolution department. He is an insolvency litigation specialist.
David acts regularly for banks, insolvency practitioners, trade creditors, directors, shareholders, the Insolvency Service and foreign lawyers on both domestic and cross border insolvencies. He has extensive insolvency litigation experience, in particular in the context of fraud, cases concerning validity of security, asset recovery, guarantees, director’s duties, office holders duties, transaction avoidance and disqualification proceedings. He has particular expertise in restructuring and insolvency assignments in the insurance and financial services industries and the interaction between FSMA and the Insolvency Act.
David is a CEDR accredited mediator and a member of the R3 Education Committee. He is a consultant to Oxford University Press and is on the Consulting Editorial Board for LexisNexis and is recognised by both Chambers and Legal 500 as a leading practitioner in insolvency law.
He lectures regularly on insolvency litigation and related topics and is the co-author of the Administrations chapters in the current edition of Tolley’s Insolvency Law. David has recently been appointed by the Ministry of Justice onto the Insolvency Rules Committee.
David sits on Consulting Editorial Board for LexisNexis, the Education Committee of R3 and is a peer reviewer for Oxford University Press on restructuring and insolvency publications.
He also sits on the Insolvency Rules Committee, appointed by the Ministry of Justice.
- Advising Insolvency Service as liquidator of Kids Company – largest charity to enter insolvency to date.
- Glenn Maud in insolvency proceedings opposite Abu Dhabi Sovereign Wealth fund – dispute over distribution of proceeds of sale of Santander headquarters in Madrid valued at €3billion.
- MF Global Inc (in bankruptcy) in €130m dispute opposite French clearing house.
- Security Trustee in Eurosail case – Supreme Court case on meaning of balance sheet insolvency.
- Landlords in Gamestation case – Court of Appeal case on scope of administration expenses.
- Landlords opposite retail administrations and CVAs (e.g. BHS, Woolworths, Comet, HMV, Jessops, Borders).
- Liquidators in unauthorised insurance cases where liquidation triggered by FCA following an FCA investigation. Cases include Digital Satellite and Whiteley Insurance Consultants. The Supreme Court decision in Digital Satellite is the leading case on the distinction between insurance and warranties.
- Trustee in Bankruptcy in UK's largest Ponzi scheme (FCA v Pruthi and Others).
- £300m swap mis-selling and LIBOR manipulation case for clearing bank.
- Test case on COMI tourism for Bank of Ireland (O'Donnell).
- Liquidators in £80m mortgage fraud on clearing banks.
- Administrators in resisting injunction to prevent sale of £70m property.
- Directors on World of Leather – leading case on disqualification (Uno Plc).
Articles and Publications
- Co-author of chapter on "Administrations" in Tolleys.
- Numerous articles in insolvency and banking publications.
- Author of chapter in book on insolvency litigation in "ADR and Commercial Litigation" (the ADR Group).
- Co- author of book entitled "Getting out of a Contract" (Gower).
Partner, Mishcon de Reya LLP
Partner, Berwin Leighton Paisner LLP
Solicitor, Berwin Leighton Paisner LLP
Qualified Mediator, Centre for Dispute Resolution
College of Law (London), Law Society Finals
Exeter University, (LLB)(Hons)