david lascelles

Specialising as an advocate and adviser in commercial disputes, David is a tenacious fighter in court and negotiations. He provides his clients with clear and practical advice.

David’s practice covers the full breadth of commercial work with a particular emphasis on: claims relating to the performance and termination of high-value commercial contracts; claims arising out of the sale of shares and businesses; shareholder disputes; commercial fraud disputes; and director and senior employee disputes.

He is listed by Chambers and Partners as a leading junior at the Commercial bar. The 2013 Edition notes market feedback describing David as "highly impressive… with excellent analytical skills” and as “a brilliant young advocate who inspires confidence with his exemplary client manner and comprehensive and commercial advice.”

David was also featured as a future “star at the bar” by Legal Week. Noting his “track-record in acting for businesses, senior managers and directors on subjects ranging from commercial fraud and shareholder disputes to urgent business-related injunctions” Legal Week reported commentators’ descriptions of David as “clever”, “well-rounded”and “very diligent and user-friendly”.

In addition to his extensive trial and interim applications experience, David has acted as Counsel in arbitrations under the ICC and LCIA rules. He also accepts instructions to represent and advise in relation to arbitrations under different rules and applications to Court in respect of such arbitrations.

Prior to coming to the Bar, David read law at Cambridge and Oxford Universities. He took a Double First from Cambridge, in each year obtaining the highest grades in his college (Peterhouse) and winning scholarships from his college and the University. David next took a Masters in Law from Oxford as a scholar of the national Arts and Humanities Research Board (BCL, 2002, Brasenose College). He was then awarded a major scholarship by Lincoln’s Inn to study for the Bar (BVC, Inns of Court School of Law, 2003).

commercial contract disputes

David advises domestic and international clients on their rights and obligations under commercial contracts. He regularly acts in: claims relating to distribution, franchise and joint venture agreements; commercial sale and hire of goods disputes; and commission claims. He also represents companies and high net-worth individuals in disputes arising from investments and securities including guarantees. Examples include David representing:

17 investors in a multi-jurisdictional dispute arising from the sale of Somerfield plc and the collapse of Kaupthing Bank. Successes in this litigation over £130million have included obtaining a £2.8million summary judgment for one investor as well as resisting a £72million summary judgment application by one of the defendants (led by Charles Samek QC) – Isis v Investec (on-going);
Nuffield Health in multi-million pound claims arising from a failed joint venture with a laser and cosmetic surgery provider. David succeeded in obtaining an order just prior to the adjourned trial which led to the claim being struck out - SLC v Nuffield Health;
Mercedes-Benz in a claim for a declaration that it validly terminated 18 dealerships - Mercedes-Benz v Derwent Vehicles;
an international pharmaceutical company seeking injunctive relief to prevent wrongful termination of a distribution agreement – Ranbaxy v Flynn Pharma (led by Clive Freedman Q.C.);
leading Norwegian electronics company in a US$700,000 dispute arising from the sale of digital TV set-top boxes for the new Norwegian digital TV market - Humax v Erichsen.

share and business sale disputes

David is regularly instructed in share and business sale disputes including claims by vendors for failure to pay consideration and claims against vendors for breach of warranty, misrepresentation and indemnification. He has acted on numerous commission claims in respect of such sales. David has also represented clients obtaining redress for breaches of heads of terms and non-disclosure agreements. Previous cases have included David representing:

the vendors of multi-national group in a £13million claim for breach of accounting and other warranties - Constructor v Delap;
the vendors of an engineering company in a claim in deceit in respect of the provision of financial information prior to the sale – Buffalo Evridge v Evans;
leading car manufacturers Daimler in a claim for non-payment of deferred consideration in respect of its purchase of a high-performance engine business - Illien & Morgan v Daimler UK PLC & Daimler AG;
the vendors of an alternative energy business in a €40 million share sale dispute in the Commercial Court and Court of Appeal - FKI Engineering Ltd v DeWind GmbH (led by Charles Samek Q.C.);
the purchaser in a £1.5million claim for failure to transfer shares in gem mining company – Yarrow Foundation v Timis;
the bidder for a nationwide care homes business in a claim against corporate finance company for wrongfully taking co-investment opportunity for itself in breach of a non-disclosure agreement (names confidential);
the vendor of road-markings company in high-value commission claim arising from the share-sale - de Mendonca v Phippen.

shareholder disputes

David has extensive experience of unfair prejudice petitions and derivative actions as well as claims to enforce articles of association and shareholder agreements. Many of David’s cases involve shareholder directors accused of breaching fiduciary duties and his practice in this area is complemented by his substantial experience in claims brought by and against directors.

Examples include David representing:

a minority shareholder in a care homes group in a multi-million pound unfair prejudice petition against his fellow shareholders and the group’s directors. The case settled on the first day of a 10 day trial in January 2013– Re: Gold Care Group Limited;
the majority shareholders in a major tourist attraction in successfully overturning an interim injunction preventing completion of a $100million share sale (led by Ian Mayes QC) - A Co v B Co & C shareholder;
the majority shareholder in a pharmaceuticals company resisting an unfair prejudice petition – Re: S Fleming Limited;
a minority shareholder bringing a second unfair prejudice petition in respect of a steel products manufacturing company – Re: Doors & Metal Structures Limited;
the majority shareholders of a leisure boat business in a multi-million pound unfair prejudice petition, a claim in respect of unauthorised takings and a related partnership dispute (led by Adam Solomon) – Re French Brothers Ltd;
the majority shareholders in a Royal Warrant holding furniture manufacturer in defending a multi-million pound unfair prejudice petition - Re K & T Partnership.

commercial fraud

David frequently acts as an adviser and advocate in commercial fraud disputes. Examples include David representing:

the former MD of corporate finance company in claims for over £130million of fraud, bribery and conspiracy in relation to an alleged Ponzi scheme - KBC Lease (UK) Ltd v Total Asset Limited (led by Charles Samek QC);
the former partners of major regional solicitors’ firm bringing multi-million pound claims of fraud, breach of fiduciary and contractual duties, conspiracy and dishonest assistance against their former partner and his business associates - Cohen v Dennison (led by Clive Freedman QC);
the ex-CEO of Group operating in the former Soviet Union in several related fraud and breach of fiduciary duty claims including (led by Sam Neaman) in ERT Plc v Daley where the Court of Appeal considered the scope of contractual and fiduciary duties;
a defendant in multi-million pound claims of conspiracy, dishonest assistance, knowing receipt and fraud in the insurance industry - Markel International Insurance v SGC & Oths (led by Robert Hildyard QC);
a purchaser for onward sale of 11 residential properties avoiding the contracts on the basis of the payment of a secret commission to his agent – Galliard Homes v Cassells (on-going).

David is also the author of the forthcoming practice note on deceit and misrepresentation for the leading online know-how provider, PLC.

DIRECTOR AND SENIOR EMPLOYEE DISPUTES

With a particular expertise in directorship and senior employee disputes involving commercial or company law aspects, David has acted in many hotly-contested proceedings involving alleged breaches of contractual, fiduciary and statutory duties.

David has been instructed in a number of high-value bonus and wrongful dismissal disputes. He also regularly acts in claims involving alleged unlawful competition including assisting clients successfully to obtain, and resist, injunctions. He assisted Selwyn Bloch QC with updating the chapter on interim remedies in the latest edition of Employment Covenants and Confidential Information (2009).

Examples of recent / significant cases include David representing:

the former CEO of a litigation funding business in wrongful dismissal and bonus claim for over US$40million (details confidential; on-going);
the victorious former CEO in ERT Plc v Daley where the Court of Appeal considered the scope of contractual and fiduciary duties (led by Sam Neaman);
leading glossy brochure publishing company successfully obtaining injunctive and financial relief against former directors arising from the operation of a competing business – Publications UK Limited v Hussain;
the ex-CEO of a financial institution at the Commercial Court trial and then in the Court of Appeal in one of the highest-value wrongful dismissal and bonus disputes ever litigated - Huntington v Imagine Group (led by Andrew Clarke QC);a major restaurant business obtaining injunctions against directors and Michelin-starred chef preventing them competing - V Co v X (led by Stuart Ritchie Q.C.).

Call: 2003
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