David was called to the Bar in 2010. He became a tenant at Keating Chambers, following successful completion of his pupillage, in September 2011.
David has undertaken a wide range of construction, IT, professional negligence and procurement work, gaining experience in litigation, arbitration, adjudication and mediation, often on repeat instruction. He has worked with numerous standard-form contracts, including FIDIC, NEC, and many of the JCT forms, providing advice to individuals ranging from private home-owners to large property-development companies. He also has substantial court experience, having represented various clients in the County and High Courts both for interim applications and at trial.
David has also been instructed as junior counsel in larger construction disputes, most recently having been involved for a number of months in an arbitration arising out of delays and cost overruns at a wind farm, with a claim value in the region of £300 million.
- Advising a major home developer on the application and interpretation of a JCT Minor Works Contract.
- Advising an employer in connection with the non-performance of a contractor of its obligations under a JCT Intermediate Building Contract.
- Drafting a Defence and Counterclaim to a claim for alleged misrepresentations and defective construction work (claim value £200,000).
- Settling proceedings for a claim arising out of defective piping work in a school (claim value £100,000).
- Settling proceedings on behalf of a homeowner for defective works and delays arising out of a residential construction project (claim value £120,000).
- Advising a contractor on its prospects of applying for summary judgment as a result of an employer’s failure to comply with the statutory notice regime.
- Drafting the Notice of Adjudication and Referral Notice for an adjudication in respect of compensation events and release of retention under an NEC3 contract (claim value £80,000).
- Drafting the Notice of Adjudication and Referral Notice for an adjudication arising out of the termination of a contractor’s employment under a JCT Design and Build contract (sum in issue £600,000).
- Drafting the Notice of Adjudication and Referral Notice in a claim for certified sums which remained unpaid under a JCT Minor Works Contract.
- Drafting the Response in an adjudication arising out of a final account dispute (claim value £85,000).
- Acting for a contractor resisting the enforcement of an adjudicator’s decision made in favour of an insolvent company but subsequently assigned to a third party (claim value £80,000).
- Advising the losing party in an adjudication on its prospects of successfully resisting enforcement of the award.
- Drafting High Court proceedings for the enforcement of an adjudication award.
- Advising on and drafting proceedings for a six-figure professional negligence claim against an architect and project supervisor.
- Drafting High Court proceedings in connection with inadequately prepared Bills of Quantities.
- Settling proceedings in a professional negligence claim against an architect and an engineer in respect of a defective retaining wall (claim value £50,000).
- Drafting a Defence in a claim against a surveyor for an alleged overvaluation of a property (claim value £170,000).
- Settling loss of a chance proceedings against a solicitor in respect of a claim which had been allowed to become time barred.
Work as Junior Counsel
- Instructed as junior counsel in arbitration proceedings arising out of delays and cost overruns on a wind farm project, with a claim value of £300m.
- Instructed as junior counsel in connection with a £6 million final account dispute in the TCC.
- Drafting various aspects of the Response in a multi-million pound adjudication concerning the termination of a contractor's employment.
- Assisting with the preparation of witness statements in defence of a claim arising out of a series of joint venture developments (claim value £2 million).
Recent Court Work
- Instructed as sole counsel in a 4-day multi-track trial concerning defective tiling works.
- Seeking a stay of execution against the enforcement of an adjudicator’s award in circumstances in which the successful party had become insolvent but had since assigned the benefit of the Order to a third party.
- Resisting a summary judgment application in which a compromise was alleged to have been reached as a result of a cheque being cashed.
- Representing a contractor in an application seeking a stay to arbitration.
- Bringing and contesting applications for security for costs.
- Advising in connection with potential proceedings relating to the installation of a failed IT system.
- Advising a disappointed tenderer on its prospects of challenging a contract award.
- Advising a homeowner in respect of an insurance claim made as a result of a collapsed wall which had been rejected by the insurer (claim value £50,000).
- Settling proceedings in a claim for breach of a joint venture agreement arising out of the provision of pontoon hire services (claim value £130,000).
- Instructed in respect of an application to set aside a statutory demand.
- Resisting an application for a winding up petition and applying to have a winding up order rescinded.
Education and Professional Career
|BA (Law), St. John’s College, Cambridge
LLM, St. John’s College, Cambridge (1st Class, 4th in year)
Bar Vocational Course, BPP (Very Competent)
Pupil, Keating Chambers
Tenant, Keating Chambers
Awards and Scholarships
|Mears Scholarship, Warwick School
Lord Denning Scholarship, Lincoln’s Inn
Hardwicke Scholarship, Lincoln’s Inn
Cunningham Scholarship, St. John’s College, Cambridge
Wright Prize, St. John’s College, Cambridge
David is a keen musician and sportsman. He plays the piano and violin, played University tennis at Cambridge and also enjoys skiing.
If you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact Senior Clerk, Nick Child
, in the first instance, on +44(0)20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.
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