David Casement QC


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Year of Call: 1992

Year of Silk: 2008

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Practice: Commercial Litigation and Arbitration

Company: Shareholder disputes, corporate governance, protecting minority rights, derivative actions, directors duties, just and equitable winding-up

Insolvency: All aspects of administration, liquidation and receivership as well as personal insolvency

Trusts: Trustee's rights and obligations, asset tracing, third party liability for receipt and assistance, advising trustees and beneficiaries in cross-border litigation

Commercial: Financial services, banking, franchise agreements, entertainment, media (including privacy injunctions) and sports law, confidentiality and restraint of trade, sales of goods, construction disputes.

Partnerships and LLPs: pre-dissolution and post-dissolution disputes, partner/member obligations and restraints, accounting issuesProfessional negligence: lawyers, accountants and surveyors

Commercial fraud


Profile:

David is a silk specialising in chancery and commercial litigation and arbitration. He is regularly instructed in large-scale disputes involving company, LLP and partnership disputes advising and representing companies, directors, shareholders, members and partners. He covers the full range of commercial litigation and arbitration such as banking, finance and securities, professional negligence, and sports, entertainment and media. He also specialises in all aspects of insolvency litigation and has acted for office-holders and third parties in corporate and personal insolvency disputes. David has acted for claimants and defendants in commercial fraud litigation and asset tracing across multiple jurisdictions.  David has also represented trustees and beneficiaries in trust disputes including the liability of trustees and obtaining information regarding assets and the terms of settlements.

Part-time Judge (Recorder – Crown Court and County Court):  2005

Queen's Counsel: 2008

Deputy High Court Judge of the Queens Bench Division and the Chancery Division: 2013

He also acts in high profile sports-related disputes acting for clubs, agents and players. He is a member of the Sports Resolution Panel of Arbitrators - Chairperson's List and the National Anti-Doping Panel (Chairpersons’ List).

David is a member of the Bar of England and Wales, Ireland and Northern Ireland.

David Casement QC is very experienced in arbitration acting as an arbitrator and as arbitration counsel.

Examples of significant cases:

(2013) Acting as Chairman of an Arbitral Tribunal between a Premiership Football Club and others in respect of a multi-million pound claim alleging unlawful interference with economic interests.

Redeem Holdings Limited v Entertainment Magpie Limited and others (2013) defending a £30 million intellectual property and unlawful interference claim.

Partnership arbitration dispute (2013) – acting as Arbitration Counsel for the continuing partners in a law firm in respect of alleged breach of obligations including accounts and enquiries.

Bamford v Harvey – important decision in the Companies Court on derivative claims and wrongdoer control. [2012] WLR (D)  298

Re Al Midani (2012)  Instructed to act for the Trustee in Bankruptcy tracing assets throughout Europe and the Middle East.

LLP arbitration dispute (2012) – arbitration counsel instructed to act for members in various arbitral proceedings following collapse of a major law firm.

(2011) Acting for off-shore trustee in proceedings alleging £1 billion fraud on a major Nigerian bank. The case involves alleged breaches of fiduciary duties by the bank's CEO and other employees and includes asset tracing and litigation across multiple jurisdictions.

McKenna (2010) Acting for innocent investor in fraudulent property scheme seeking to recover multi-million pound fund misappropriated by fiduciary

Charlie Adam v Blackpool FC (2010) - Premier League adjudication between the club's star player and the club in respect of a "survival bonus".

Barclay Pharmaceutical v Waypharm (2010) - alleged £12 million pharmaceutical fraud with actions in multiple jurisdictions including Switzerland, Belgium, France and Panama.

Davenham Trust v Homegold Limited and Costello (2009) LTL 23 October 2009 - instructed by a second tier lender to enforce securities where the issues included analysis of the principal obligor clauses in a guarantee and whether the contractual increase in interest following default was void as a penalty.

CEP v Steni (2009) LTL 15 October 2009 - instructed for the claimants in respect of the alleged unlawful termination of an exclusive, international distribution agreement. The case raised issues as to the validity of default notices and the obligations under an "all reasonable endeavours clause".

Aqua Design & Play International Ltd Liquidation (2005-2009) - instructed by the liquidator in a wrongful trading case against de facto and alleged shadow directors where the issues included the applicability of principles of causation and foreseeability in limiting recoverable losses.

Insurance Arbitration (2008) – Arbitration Counsel instructed in a multi-million pound claim against insurers for an indemnity for business interruption losses.

Shaw v API and others - LTL 11 June 2008 - successfully defended a claim for alleged breach of confidentiality and fraud brought against members of a management-buy-out team. The case raised important questions as to the quality of the information that was said to be confidential.

Bracegirdle v All Facility Services Limited (2008) - s994 shareholders' petition, derivative claims and personal claims involving alleged breaches of fiduciary duties, shareholder agreements and statutory obligations. The case raised issues concerning the "no conflict rule" and the diversion of corporate opportunities and assets.

Pen Associates (Europe) Limited v Cardpoint Services Limited (2008) - instructed to defend a member of LINK (UK's national cash interchange network) in respect of a claim for £7 million for breach of contract in the supply of connectivity to the LINK network.

Team Associate Limited v Micah Richards (2007) – arbitration - instructed by a premiership footballer to defend arbitration proceedings brought by a former agent.

Stretford v The Football Association Limited – [2007] 2 Lloyd’s Rep 31 -  arbitration - landmark case determining the scope of an arbitration clause. The claimant was the subject of disciplinary proceedings by The FA which were contended to be contrary to public policy and a breach of the immunity of a witness in legal proceedings as well as being wrong in law. The claimant contended that the appropriate venue for challenge was the court irrespective of the existence of an arbitration clause.

Proform Sports Management Limited v Proactive Sports Management Limited [2007] 1 All ER 542 - an important case concerning the voidability of Wayne Rooney's contract of representation with an agent and the liability of a third party for inducing breach of a voidable contract. The case is a leading case on minors' contracts.

Baybut v Eccle Riggs Country Park Limited - Times, 13 November 2006 - instructed to defend a class action brought by licensees of a caravan park alleging unlawful early termination of their licences. The case raised important issues regarding the effect of the Unfair Terms in Consumer Contracts Regulations 1999 on implied terms.

C plc v P (Attorney General and Home Secretary Intervening) [2006] Ch 549 - instructed by P to defend claim to privilege against self-incrimination in the context of a search order in intellectual property proceedings. The case is a landmark decision in respect of the scope of the privilege against self-incrimination and the relationship between precedent under domestic law and the Human Rights Act.

Green Corns Limited v (1) Claverley Group plc (2) Express & Star Limited [2005] EMLR 31 - instructed by the claimant to obtain an injunction to restrain a newspaper from publishing private information including addresses. This is an important case on breach of confidentiality and misuse of private information and in particular the ultimate balancing test between Article 8 and Article 10 ECHR.

Fitzgerald v Robinson (2005) - instructed by the executrix and beneficiary in a trust case involving fraud and asset tracing in UK, Isle of Man and Cyprus against a trustee. The case included coordinated actions in different jurisdictions against fiduciaries, banks and corporate service providers - search orders at multiple premises - worldwide freezing injunctions and examinations on affidavits.

Robin Clayton Partnership bankruptcy (2005) - instructed by the trustee in bankruptcy of  three architects to set aside transactions defrauding creditors entered into 20 years prior to bankruptcy. The case involved tracing assets in UK, Saudi Arabia and Spain.

Sterling Travel Insurance Liquidation (2003) - instructed by the Liquidator in the alleged "smash and grab" fraud by the director committed just prior to liquidation. The case involved a world wide freezing injunction, asset tracing and numerous transaction avoidance proceedings.

Pickfords Limited v Celestica Limited (2003) LTL - instructed by the UK subsidiary of a large multinational to defend a claim based upon what the Court of Appeal concluded was an erroneous analysis of the principles of counter-offer and revocation in contract.

Union Music Limited v Russell Watson [2003] 1 BCLC 453 - instructed by Union Music in respect of a claim against Russell Watson for breach of contract. The case raised an important question as to the power of a court to order an extraordinary general meeting of shareholders to consider a resolution where the majority of the board were opposed to such a meeting and resolution.

Union Music Limited v Russell Watson (2002) LTL - instructed by Union Music in respect of a claim against Russell Watson for breach of contract. The Court of Appeal considered the true nature of common election in respect of an application to strike out which depended upon an agreement that was said to be voidable.

Larvin v Phoenix Office Supplies Limited [2002] 2 BCLC 556 (company law dispute - unfair prejudice against minority shareholders).

Reimbold v English, DJ Withers (Farms) Limited v Ambic Equipment Limited [2002] 1 WLR 2409 (Court of Appeal - landmark decision on Article 6 ECHR and the extent of a judge's obligation to give reasons).

 Recommendations:

David Casement QC is consistently recommended in the legal directories:

The "utterly brilliant" David Casement QC (Chambers UK 2014)

"His advocacy style is flexible and helpful - he just does what is needed, and his cross-examination is excellent." (Chambers UK 2014)

"He is an excellent and versatile silk who appreciates the client’s commercial goals and brings a creative approach." (Chambers UK 2014)

"He is viewed by judges as an equal. He is very thorough and his cross-examination is excellent." "He is very empathic and very charming. He is very approachable."(Chambers UK 2014)

The "eminent" David Casement QC wins plaudits for his work on company, commercial and trust litigation. (Chambers UK 2013)

"as good as a top silk in London" and "not just an excellent technical lawyer but also highly commercially oriented." (Chambers UK 2013)

"authoritative and polite. He is persuasive and forceful when he needs to be and has an ability to adapt to circumstances." Peers further say that "his pleadings and written work are extremely good. He has an ability to pitch the document at the right level." (Chambers UK 2013)

"an excellent technical lawyer who is not scared of getting stuck in," and instructing solicitors note that this "highly approachable, highly intelligent" lawyer is "a good guy to have on your side." (Chambers UK 2013)

Is "Commercially Sound" and "a heavyweight Chancery and Commercial silk" (Legal 500 2012)

"is an "excellent litigator" who impresses with his "bang-on-the-mark judgement." He is "splendid with clients, a team player through and through, and very proactive.""(Chambers UK 2012)

 "a strong advocate with a brilliant approach to the judiciary."(Chambers UK 2012)

"has cultivated a strong reputation for handling both regulatory and disciplinary cases across a variety of sports, but most notably football." (Chambers UK 2012)

"covers an impressively broad array of chancery-related matters. He bowls commentators over with his collected and well-judged opinions, and further impresses due to the "clever, cautious and effective approach he adopts"." (Chambers 2011)

"earns praise for his "superb intellectual prowess and ease with clients." " (Chambers 2011)

"He is a forceful advocate who connects well with judges." (Chambers 2010)

"Tipped as a "star of his generation" for commercial litigation." (Chambers 2009)

 Memberships:

Northern Circuit Commercial Bar Association (Chairman)

British Irish Commercial Bar Association (Joint Chairman)

Chancery Bar Association

Insolvency Lawyers Association

Hon Society of the Middle Temple

The King's Inn, Dublin





     Clerked by:


Colin Griffin


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