David is Head of Chambers at Forum Chambers. He specialises in banking and financial services law, commercial law, and professional negligence. David is also a member of the Irish Bar, has been admitted to practise in Gibraltar, and is a Member of the Chartered Institute of Arbitrators. His caseload increasingly includes claims with an international or cross-border element. David has considerable experience of handling high value claims, whether in class actions for individuals, for high-net-worth parties, or for corporate clients.
David is currently writing A History of Banking Regulation, and brings to his cases a deep and comparative knowledge of the ways in which financial services regulation can be leveraged in disputes. He is especially interested in the cutting edge of regulation as it applies to payment services providers, to e-money institutions, and to cryptocurrency exchanges and other Virtual Asset Service Providers (VASPs).
In addition to his acknowledged skills in court, David brings a strategic approach to litigation, identifying the legal, commercial, and psychological factors that will lead to the best outcomes for his clients.
Alongside his busy practice, David is Global Distinguished Professor in Banking Law at the University of Notre Dame (USA) in England and he is co-General Editor of The Encyclopaedia of Banking Law (LexisNexis).
David has considerable expertise of appearing as Counsel in international arbitrations and of acting in cases outside the UK.
David is a fluent French speaker and holds a Master’s Degree in EU law from a French University. David frequently advises on questions of EU law. David acts for foreign banks which wish to sell financial services in the UK.
David is regularly instructed on cases which involve conflicts of laws and analysis of foreign laws, and he has acted as an expert for the EU on the laws in Albania governing banking and money laundering.
David has also recently been training lawyers in Cyprus on their new civil procedure rules.
Recent and ongoing cases:
David is ranked in Chambers and Partners and in Legal 500 for his expertise in banking & financial services law. He acts and advises across the full range of financial services disputes and banking transactions, but with a particular focus on payments and investments.
David deals with a wide range of commercial disputes, but especially those between shareholders, or with a cross-border element, or involving breaches of fiduciary duty and financial services regulation.
David is ranked in Chambers and Partners for his expertise in cryptocurrency. He combines a deep understanding of cryptocurrency regulation in the UK and the EU with the ability to strategise how to pursue claims in cases where cryptoassets have been used for fraudulent or other criminal purposes.
David regularly advises on questions relating to financial services regulation, including issues relating to the EU and in developing areas such as cryptocurrency, fintech, open banking and payment services. David is a fluent French speaker and holds a Master’s Degree in EU law from a French University. David frequently advises on questions of EU law, foreign laws, conflicts of laws and in relation to Brexit. David has acted as an expert for the EU on the laws in Albania governing banking and money laundering.
David is skilled at handling the interaction between financial services regulation and insolvency, particularly in cases involving applications to wind up a company on the just and equitable ground and in cases concerning the ring-fencing of customer assets. In the context of claims for financial mis-selling and other professional negligence, he focuses on the ability to recover damages as well as establishing liability. Recent and ongoing cases:
David is ranked in Chambers and Partners for his expertise in professional negligence claims. In addition to his focus on professional negligence claims against solicitors and financial advisors, David also acts on claims against barristers, accountants, and auditors.
David regularly chairs conferences on Banking Litigation and Financial Mis-selling and delivers seminars on a variety of topics including professional negligence, misrepresentation, and financial services claims.
David is Distinguished Fellow and Visiting Professor at the University of Notre Dame (USA) in England, where he delivers a course which critically examines financial services regulation and banking practices and asks: do the laws governing banking really benefit customers and serve the common good? David is also Visiting Professor in Banking Law at Queen Mary University of London where he teaches on emerging topics in banking law such as open banking, confidentiality and data protection, fintech and crypto-currencies.