David Casement QC


Arbitration

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Gary Young (Principal)
Gary Smith


Arbitration

Experienced in domestic and international arbitrations both as an arbitrator and as an advocate. He has chaired three-person tribunals and acted as sole arbitrator. The areas covered include financial services, insurance, professional disputes, franchises, sport.

Domestic and International Arbitration disputes:

  • Insurance and reinsurance
  • Construction
  • Sale of goods
  • Franchises
  • Banking and financial services
  • Company, joint venture and partnership
  • Sport

 

"He's absolutely excellent, first rate and very highly regarded - just a very good all-round lawyer." "An impressive silk whose advice is technically sound and also commercial. He also has a very good manner with clients."

Chambers UK

Profile

David Casement is a Queen’s Counsel specialising in chancery and commercial arbitration and litigation. He is a Member of the Chartered Institute of Arbitrators and a Deputy High Court Judge. He is regularly instructed in large-scale disputes involving companies, LLPs, LPs and partnerships. He covers the full range of commercial litigation and arbitration such as banking, finance and securities, professional negligence, and sports, entertainment and media as well as commercial judicial review. 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. He has also represented trustees and beneficiaries in trust disputes including the liability of trustees and obtaining information regarding assets and the terms of settlements.

Year of Silk: 2008

 

Areas of Expertise

Arbitration

Arbitration

Experienced in domestic and international arbitrations both as an arbitrator and as an advocate. He has chaired three-person tribunals and acted as sole arbitrator. The areas covered include financial services, insurance, professional disputes, franchises, sport.

Domestic and International Arbitration disputes:

  • Insurance and reinsurance
  • Construction
  • Sale of goods
  • Franchises
  • Banking and financial services
  • Company, joint venture and partnership
  • Sport

Business and Property

Business and Property

All areas of Chancery practice and in particular company, partnership, insolvency, trusts and commercial fraud.
 

Significant Reported Cases

New Order - acting for the members of the band defending derivative proceedings brought by the former member Peter Hook.

High Fliers Films Limited – unfair prejudice petition and shareholder dispute involving film distribution rights.

Laird Resources LLP v Aumm Holdings – dispute in respect of a deed of settlement involving off-shore trusts and off-shore companies.

Re Al Midani -  acting for the Trustee in Bankruptcy tracing assets throughout Europe and the Middle East.

Intercontinental Bank – defending an off-shore bank in proceedings alleging £1billion fraud on a major Nigerian bank. The case involved alleged breaches of fiduciary duties by the bank's CEO and other employees and includes asset tracing and litigation across multiple jurisdictions

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

Bamford v Harvey – important decision in the Companies Court on derivative claims and wrongdoer control.

Alpha Panareti – acting for Cypriot property developer defending claims by multiple purchasers.

Shaw v API – defending proceedings alleging fraud in respect of a management buy out.

Baybutt v Eccle Riggs – leading case on implied terms and the application of the Unfair Terms in Consumer Contract Regulations.

Proform Sports Management v Proactive Sports Management – commercial dispute over the agency representation of Wayne Rooney.

Union Music v Russell Watson – leading case on approbation and reprobation and the power to call EGMs in the event of deadlock in companies.

Company

Company

David Casement is a Queen’s Counsel and a Member of the Chartered Institute of Arbitrators specialising in chancery and commercial arbitration and litigation. 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.

Larvin v Phoenix Office Supplies Limited - s459 (now s994) proceedings arising out of a quasi partnership

Shaw v API and others - LTL 11 June 2008 - 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.

Webb v Rothwell – substantial shareholders dispute involving film distribution rights

Bamford v Harvey – important decision in the Companies Court on derivative claims and wrongdoer control.

Representing New Order, English rock band originally formed in the 1980s, in a dispute brought by a former member by way of a derivative claim

Waldron – section 994 proceedings arising in the context of a family-owned construction company

Brown v Graham – s994 proceedings arising in the context of a long-established company where the main shareholders were two families

Re A Company  - s994 proceedings arising out of a quasi partnership company in the High Court in Northern Ireland

Dispute Resolution

Dispute Resolution

Contractual and economic interest disputes including sale of goods and services, financial services and insurance, banking, factoring and franchise agreements.

Current and Recent Cases:

New Order - acting for the members of the band defending derivative proceedings brought by the former member Peter Hook.

High Fliers Films Limited – unfair prejudice petition and shareholder dispute involving film distribution rights.

Laird Resources LLP v Aumm Holdings – dispute in respect of a deed of settlement involving off-shore trusts and off-shore companies.

EEW Eco Energy World Limited – renewable energy scheme dispute between investors, advisors and property owners.

Professional negligence claim against leading accountants regarding tax advice – in excess of £200 million.

Re Al Midani - acting for the Trustee in Bankruptcy tracing assets throughout Europe and the Middle East.

Intercontinental Bank – defending an off-shore bank in proceedings alleging £1billion fraud on a major Nigerian bank. The case involved alleged breaches of fiduciary duties by the bank's CEO and other employees and includes asset tracing and litigation across multiple jurisdictions

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

Bamford v Harvey – important decision in the Companies Court on derivative claims and wrongdoer control.

Alpha Panareti – acting for a major Cypriot property developer defending claims by multiple purchasers.

Shaw v API – defending proceedings alleging fraud and breaches of confidence in respect of a management buy out.

Baybutt v Eccle Riggs – leading case on implied terms and the application of the Unfair Terms in Consumer Contract Regulations.

Proform Sports Management v Proactive Sports Management – commercial dispute over the agency representation of Wayne Rooney.

Union Music v Russell Watson – leading case on approbation and reprobation and the power to call EGMs in the event of deadlock in companies.

Insolvency

Insolvency

David Casement is a Queen’s Counsel and a Member of the Chartered Institute of Arbitrators specialising in chancery and commercial arbitration and litigation. 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.

Clayton Partnership -  Acting for the Trustee in Bankruptcy in setting aside transactions defrauding creditors.

Stirling liquidation – Acting for Joint Liquidators in numerous claims seeking to trace and recover assets following a liquidation including claims against third party recipients and overseas assets.

Re Al Midani -  Acting for the Trustee in Bankruptcy tracing assets throughout Europe and the Middle East.

Strobe – Acting for the Liquidator in claims for wrongful trading and transaction avoidance claims.

An action against office-holders, receivers, arising from the sale of a large hotel for failure to take reasonable steps to obtain the best price.

Acting for third parties resisting claims by a Liquidator seeking to avoid transactions on the basis of transaction at undervalue and preference.

 

Memberships

Member of the Bar of England and Wales, Ireland and N. Ireland

Registered Advocate Dubai International Financial Centre Courts

Chairman (UK) of the British Irish Commercial Bar Association

Chancery Bar Association
 

Appointments

Deputy High Court Judge – Chancery Division and Queen’s Bench Division

Recorder of the Crown Court

Member of the Chartered Institute of Arbitrators

Sport Resolutions Panel: Chairpersons’ List

National Anti-Doping Panel: Arbitration Chairpersons’ List

Football Association Judicial Panel
 

Qualifications

MA (Oxon)

 

Recommendations

Chambers UK 2018

"Very bright and a very relaxed advocate."

"He is a real standout." "He has wonderful intellect and is a great advocate."

"Go-to commercial chancery silk with a substantial arbitration practice and a reputation for excellence in complex litigation. In addition to appearing as an advocate and an arbitrator he sits as a Deputy High Court Judge."

"He is a very intelligent operator and has a fine legal mind."

"David has an exceptional reputation for handling high-profile and complex sporting disputes. His knowledge of the legal and regulatory frameworks is second to none." 

Legal 500 2018

A superb lawyer with invaluable clarity of thought.’

Legal 500 2017

‘An intellectual heavyweight lawyer with superb work stamina and attention to detail.’

Chambers UK 2017

"He is very good on tactics and really understands the psychology of negotiation." "He is absolutely excellent. Very highly regarded and a very good all-round lawyer."

"He's absolutely excellent, first rate and very highly regarded - just a very good all-round lawyer." "An impressive silk whose advice is technically sound and also commercial. He also has a very good manner with clients."

"He has an affable personality, allied with a great ability to absorb complex facts and give clear advice, especially on matters involving shareholder disputes or insolvency." 

"He is an extremely good sports lawyer who is technically brilliant and forceful before any tribunal."

"An absolutely first-rate barrister."

Chambers UK 2016

"A brilliant barrister and a robust chancery counsel who is highly intellectual, always well prepared and utterly reliable."

"He cuts through to the heart of the case; he is excellent at providing real forensic analysis."

"He is well respected for his doping knowledge, as a senior member of the National Anti-Doping Panel."

Chambers UK 2015

"He is completely cool, calm and collected and totally unflappable. He is extremely focused on the strategy and commerciality of the case." "He is an excellent advocate - superb - with a confident style in court."

"He is a very strong, robust and respected advocate."

"He is superb; a good team player, thorough, reliable and his knowledge of this area of law is excellent. He takes a commercial view."

"He is very bright, very articulate and a real team player." "When you have him on your side you really do feel special."

Listed as one of the top 100 silks in England and Wales by Chambers and Partners 2014.

“ability and experience belie his years of call.” “very accessible, enthusiastic, and fully immersed in the case as part of the team.”

The "utterly brilliant" David Casement QC

 

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