David Lascelles

David specialises as an adviser and advocate in commercial disputes. He is a tenacious fighter in court and in negotiations and also provides his clients with pragmatic, commercial advice. 

David's practice comprises a broad range of business disputes. His work mainly encompasses banking and financial services, business sale and contract disputes, civil fraud, company law and shareholder disputes, franchising, insolvency/corporate recovery, partnerships and joint ventures, professional negligence, and sale of goods matters.  David's cases often involve an international element and he has recently acted (led by Charles Samek) in a multi-million pound share sale dispute where the issue of jurisdiction is being considered by the Court of Appeal in 2008 (first instance reported as FKI Engineering Ltd v DeWind GmbH [2007] EWHC 72 (comm); [2007] All ER (D) 204 (Jan)).

David also has a substantial employment practice comprising director and senior employee disputes and individual employee issues.

David has extensive experience of appearing at trial and at interim applications. He has conducted many multi-day actions and recently acted as sole advocate in a two-week trial. Whilst David most frequently appears without leading counsel, he has also regularly acted as junior counsel and is currently instructed as a junior in a five-week Commercial Court civil fraud trial commencing in February 2008.

David regularly appears before the various divisions of the High Court as well as the County Courts and Employment Tribunals.  Two of his reported cases are currently listed before the Court of Appeal in 2008 and in addition, David has assisted Leading Counsel in relation to their matters at all levels of court up to and including the House of Lords.

Examples of David's recent instructions are set out in more detail under the relevant practice area headings below. Our clerking team are also happy to provide you upon request with details of David's experience in any of his particular practice areas.

In his free time, David enjoys travel, skiing and watching rugby.

EDUCATION

David obtained a Double First in Law from Peterhouse, Cambridge University in 2000.  After a year out travelling, David went to Brasenose College, Oxford University where he obtained a masters, the BCL, in 2002.

In respect of each of his year's grades at Cambridge, David was awarded a College and/or University scholarship.  He won an Arts and Humanities Board Scholarship to study in Oxford and he was awarded both an entrance scholarship to Lincoln's Inn as well as a major scholarship award to undertake his BVC.

During his BVC at the Inns of Court School of Law in London, David taught contract and tort law to undergraduates.  He obtained his BVC in 2003, and after a pupillage with barristers specialising in litigating commercial, professional negligence and employment disputes, David became a tenant of Littleton Chambers in 2006.

David is a member of the Commercial Bar Association, the London Common Law and Commercial Bar Association, the Professional Negligence Bar Association and the Employment Law Bar Association.

PRACTICE AREAS

David has acted both for and against banks (including major high street banks) in claims involving allegations of breach of mandate, negligence and fraud.  He has advised on the enforceability of securities (including guarantees and mortgages) and matters involving cheques, other negotiable instrument, credit/debit cards as well as claims for the recoverability of penalty charges.

David's recent experience includes:
 

• advising and acting in ongoing High Court personal guarantee claim (led by Antony Sendall);
• advising a major high street bank on the application of the Limitation Act 1980 to the recovery of bank charges;
• advising and acting in multi-million pound share sale dispute which also includes €1.5 million claim on guarantees (led by Charles Samek) - jurisdiction dispute reported as FKI Engineering Ltd v DeWind GmbH [2007] EWHC 72 (Comm); [2007] All ER (D) 204 (Jan).  Appeal on jurisdiction due to be heard by Court of Appeal in February 2008;
• acting on behalf of one of the Defendants in a surety bond fraud case (see further, below, under Civil Fraud).

David has acted for both vendors and purchasers in a number of business sale disputes.  He is currently instructed in three such matters:
 

• a £600,000 share purchase and international sale of goods dispute currently being litigated in the Commercial Court;
• a multi-million pound share sale dispute also being litigated in the Commercial Court (led by Charles Samek) - jurisdiction dispute reported at FKI Engineering Ltd v DeWind GmbH [2007] EWHC 72 (Comm); [2007] All ER (D) 204 (Jan).  Appeal on jurisdiction due to be heard by Court of Appeal in February 2008;
• a multi-million pound share sale dispute in the Chancery Division (led by Stuart Ritchie).

David has also acted in a wide-variety of other commercial contract disputes.  He regularly advises on the construction of commercial contracts including rights of termination.  He is also frequently instructed to draft claims and defences for proceedings involving the recovery of sums alleged to be due under such contracts.

In addition to those matters to which reference is made in the other sections of this CV, David's recent work includes:
 

• advising and appearing for clients of a corporate finance firm in defending £360,000 commission claim (due to be heard in the Commercial Court in January 2008);
• acting for international pharmaceutical company seeking injunctive relief to prevent wrongful termination of distribution agreement (led by Clive Freedman Q.C.);
• advising on claim by supplier against distributor in relation (inter alia) to potential issues of breach of confidence/breach of restrictive covenants;
• acting for recruitment consultants and estate agents seeking recovery of contractual commission.

David is currently instructed as junior counsel (led by Robert Hildyard QC) for one of the defendants in Markel International Insurance Company Ltd v Surety Guarantee Consultants Ltd & Oths; QBE Insurance (Europe Ltd) & Amalfi Underwriting Ltd v Surety Guarantee Consultants Ltd & Oths.  These multi-million pound claims involve hotly-contested allegations of conspiracy, dishonest assistance, fraud and procuring breaches of contract in the insurance industry.  The cases are due to be heard over five weeks in the Commercial Court in February - March 2008.

David is also currently acting with Clive Freedman QC on behalf of the partners of a major regional law firm bringing claims of fraudulent misrepresentation, breach of fiduciary, contractual and common-law duties against a former partner.

In addition David has frequently assisted more senior members (in particular, Clive Freedman QC) in relation to their own matters in this practice area.

David's civil fraud practice is complemented by his experience in breach of fiduciary duty claims obtained through his director and senior employee practice (as to which see further below).

David's practice involves him in a number of company law and shareholder disputes.

He is currently advising the former Managing Director of a Lloyds' syndicate in relation to claims for breaches of the articles of association in relation to the sale of his shareholding in that syndicate. 

David has advised shareholders on their rights to bring derivative actions in the name of the company as well as for claims against fellow shareholders based on unfair prejudice (former s. 459 petitions).

David's company law/shareholder practice is complemented by his experience in advising and acting on claims brought by and against directors as well as his experience of business sale and contractual disputes.

David has regularly lectured on company and commercial matters, most recently on Directors Duties and the Companies Act 2006.

David has acted in a number of contentious personal and corporate insolvency matters (including advising on remedies against administrators). 

David's most recent instructions have included acting for a solicitors' firm seeking to wind up a former corporate client for non-payment of bills in circumstances where that client was contesting the insolvency proceedings on the basis of a disputed cross-claim for professional negligence.

David advises companies, partnerships and individuals in relation to their rights under partnership, joint venture, franchising and supply agreements (both written and oral). 

In his partnership work, David's recent instructions include:
 

• advising a corporate member of a financial services LLP in relation to its rights under the LLP agreement;
• advising and drafting particulars of claim in a partnership dispute involving a major London law firm;
• drafting points of claim with Clive Freedman QC for a mediation involving partners of a major regional law firm of fraudulent misrepresentation, breach of fiduciary, contractual and common-law duties against a former partner;
• drafting particulars of claim seeking an injunction and damages against former members of a chartered surveyors' LLP.

David has also advised on whether parties' arrangements constitute a partnership, the rights available to parties depending upon the correct characterisation of their arrangements, as well as the forms of relief available to prevent former business associates from taking advantage of shared ideas/projects/clients. 

David has recently acted for the claimant in a High Court action seeking relief for breach of a joint investment agreement.  He has also recently been instructed by a supplier to advise on claims against a distributor for breach of confidence/breach of restrictive covenants.

David also recently acted for an international pharmaceutical company seeking injunctive relief to prevent wrongful termination of a distribution agreement (led by Clive Freedman Q.C.).  The matter settled with the parties renegotiating the terms of the distribution agreement to mutual satisfaction.

David is currently instructed by a Far Eastern household products distributor in a dispute involving the alleged termination of the distribution agreement (led by Clive Freedman QC).

David has been instructed in a number of professional negligence matters including, in particular, claims against solicitors, accountants and IT providers. 

David's current matters include:
 

• acting for the claimant in a £120,000 High Court solicitors’ negligence claim due to be heard in April 2008;
• acting for the defendant individual guarantor counterclaiming for professional negligence in substantial High Court solicitors' fees dispute;
• advising a former shareholder in relation to a potential claim against major UK accountancy firm in respect of the valuation of his shareholding under mandatory transfer provisions within the articles of association.

David has advised in a number of international and domestic sale of goods disputes ranging from claims for the price of wind turbine parts to claims for defective high performance cars. 

Most recently David has been instructed by the Defendants as sole advocate in a £600,000 Commercial Court sale of goods claim.

David has advised and acted both for and against directors and senior employees in claims involving allegations of breaches of contractual and fiduciary duties.  He has been instructed on a number of bonus disputes and has also assisted more senior members in relation to their clients' claims for injunctive relief.

Recent instructions include:
 

• acting for CEO of international insurance company in multi-million pound bonus dispute (led by Andrew Clarke QC).  Client was successful in recovering substantial sums.  Six day High Court trial of preliminary issues heard in March 2007 - Huntington v Imagine Group Holdings Ltd [2007] EWHC 1603 (Comm); [2007] All ER (D) 208 (Jul).  Appeal against part of the judgment is currently listed to be heard by to Court of Appeal in February 2008;
• advised former MD of international shipping company as to High Court discretionary bonus claim (led by Andrew Clarke QC).  Advised and drafted Employment Tribunal proceedings in the same matter;
• drafted particulars of claim in a number of matters seeking injunctive relief against departing directors/senior employees.

David has recently assisted Selwyn Bloch QC with updating the chapter on interim remedies in the forthcoming third edition of Brearley & Bloch's Restrictive Covenants and Confidential Information.  David also frequently lectures on current employment issues.

In addition to his High Court work, David frequently appears before the Employment Tribunals and County Courts in relation to all areas of employment law including breach of contract/wrongful dismissal; breach of fiduciary duty and accounting claims; unfair dismissal complaints; all types of discrimination claims as well as disputes involving 'whisteblowing' and TUPE.

Although much of his work is for employers, David also receives instructions from individuals and thus has a good insight into the tactics each side can adopt.  In recent months, for example, David has acted both for and against CEOs dismissed by receivers prior to the businesses being sold to third parties and remaining staff TUPE transferring.
 
Other examples of recent instructions include:
 

• acting for successful futures' brokerage firm in 7 day unfair dismissal, sexual discrimination, equal pay and wrongful dismissal complaint brought against it by a former broker.  Assisted client in its subsequent recovery of substantial costs;
• acting for social housing association in 10 day whistle blowing, trade union victimisation and constructive dismissal case heard in November 2007 (result pending);
• acting for successful legal secretary in well-publicised pregnancy dismissal case.

David co-authored the Annotated TUPE Regulations 2006 in Transfer of Undertakings (Sweet & Maxwell, 2007).  He also regularly lectures on employment matters and recently assisted a major London firm train their large client's front-line human resources managers.