David Lewis

Introduction & Contact details

David has extensive experience in a broad range of commercial, insurance, and employment litigation with particular emphasis on commercial contract, commercial agency, construction and restraint of trade. He has a reputation for his ‘tenacious advocacy’, and his commercial approach to litigation and tactical insight is highly valued by his clients.

Qualifications

• LL.B Hons

Professional Associations

• COMBAR
• Employment Law Bar Association
• Employment Lawyers Association
• London Common Law and Commercial Bar Association

T: 020 7242 2523
E: david.lewis@hardwicke.co.uk

Commercial

Commercial and employment litigation and ADR are the core of David’s practice. David undertakes most areas of commercial work but has considerable experience in asset finance, sales of goods and services, commercial contract and construction disputes. 

He has particular expertise in the field of commercial agency, receiving regular instruction from agents and principals, automotive industry litigation and restraint of trade. Given the frequency of instruction David receives on restraint of trade issues, he regularly advises on and obtains emergency remedies/ injunctive relief.

David also specialises in employment law, representing Claimants, Respondents, Directors, and Senior Executives from all industries, both in the Tribunals and the High Court. His experience in commercial litigation is particularity attractive to commercial employment clients and the senior executives he represents.

Construction & Engineering

David has and continues to represent both construction professionals and contractors in a cross-section of domestic and commercial construction dispute, including design and build claims, all major standard form contracts, the liability of construction, design and engineering professionals, claims against the NHBC and under the Defective Premises Act.

He has particular experience representing multiple claimants in construction disputes. In 2008/2009 David acted for 8 Claimants against one of the country’s leading homebuilders involving multiple issues including limitation (extension of), design and build issues, Defective Premises Act and latent damage. Presently David is representing 18 claimants involving multiple complex issues of limitation, arbitration clauses, design and build issues, defective premises, and latent damage.

The majority of David’s insurance Construction and Engineering practice involves acting for the insured under subrogated claims. However, David also advises and represents clients on policy coverage, declinature, and avoidance issues.

Cases

• Rossetti Marketing Ltd v Diamond Sofa Co Ltd and another [2011] EWHC 2482 (QB)
• Shinedean Ltd v Alldown Demolition (London) Ltd (in liquidation) and another [2006] EWCA Civ 939 – condition precedents in insurance contracts and the relevance of prejudice

Trade

• Kama Aviation Company Ltd  claim involving sale of a Jumbo Jet, misappropriation of funds by agent, secret profit – 7 day Queens Bench trial in March 2010 - Neutral Citation Number: [2010] EWHC 1276 (QB);
• Sheikh Fahad Bin Saleh Mohammed Al Athel, London Ashford Airport Ltd, FAL Aviation Ltd, Phoenix Aero Engineering Ltd, Lydd Golf Club and Driving Range Ltd (his clients) - a substantial claim brought against LAA and others for failure to pay directorship fees and counterclaim by LAA and other for breach of fiduciary duty – 9 day High Court claim tried in October 2010;
• Two week Central London County Court tried in June 2010 involving claims and counterclaims in respect of loan agreements and property development.
• Junior counsel to Nigel Jones QC and Paul Reed QC in advising Targetfollow Ltd on a range of banking and finance issues in respect of a circa £500 million property portfolio;
• Junior counsel to Paul Reed QC in advising a Bahamian company on a range of corporate issues.
• Litigating a several million pound commercial agency claim, on-going, Queens Bench Division;
• Representing the agent in a commercial agency arbitration;
• Ayers and Others v Brewin Dolphin Securities (Tried in November 2010 in the High Court) involving contractual construction and trail fee perpetuity rights. In 2008 David was successful in a cross appeal where the trial judge had failed to deal with a good point of law- Fitzkriston LLP v Panayi and another - [2008] All ER (D) 165 (Feb) CA

Franchising

David has broad experience of franchising work and advises franchisors and franchisees on a range of contentious issues. For example, David acted for the Claimant Gable Recruitment Network Ltd in Gable Recruitment Network Ltd v AM RE 24/7, [HC]. in which his client secured judgment  and damages for breach of the franchise agreement.

Arbitration and Mediation

A growing area of his practice, David is experienced in both domestic and international arbitrations and mediations.  

Insurance

In addition to David’s commercial and employment practices, which are increasingly funded by BTE or ATE policies, David has experience in and advises on a range of policy coverage and avoidance issues, all risk policies and construction related insurance disputes.

ATE & BTE

Increasingly, David’s commercial and employment practices, including Direct Access involves bringing or defending subrogated claims under various policies of insurance, whether on behalf of the insured or the insurer. David is always willing to accept instructions in insurance funded litigation.

All Risks

David accepts instructions in and advises on all risk policies. A recent case example in which David advised involved complex coverage/ policy avoidance issues and the Third Party (Rights Against Insurers) Act 1930, the central issues being admissions of liability by the insured.

Fire Damage

David accepts instructions in fire damage cases. A recent example of the type of disputes that David is instructed on involves fire damage resulting from the defective design and specification of a fire suppression system.

Employment

David represents both Claimants and Respondents including unions, leading publishing groups, leading motor retail groups, hoteliers, solicitors and many more.

David specialises in all areas of employment law, with particular emphasis on discrimination, restrictive covenants and Directors disputes, representing his clients in all levels of Tribunals and the High Court.  In order to protect his clients’ interests, David regularly advises on all aspects of emergency remedies, most notably in respect of  restraint of trade/ restrictive covenants issues, and finds himself a frequent visitor to the High Court. 

David accepts instructions directly from individuals and corporations under the Direct and Public Access schemes, both in respect of contentious and non-contentious work. 

David also undertakes a variety of non-contentious work including drafting bespoke contracts of employment and handbooks, as well as offering training days to both legal and corporate clients.

Relevant Cases

Smith Knight Fay v N McCoy [10/10/2008] UK EAT/0245/08

Swallow Security Services Ltd v Rosemary Millicent [19/03/2009] UKEAT/0297/09

Professional Negligence

Acts and advises regularly in various professional negligence disputes, especially in respect of solicitors’ negligence and insurance brokers. In 2011 one of the major cases that David is involved in is a multi-million pound professional negligence/ breach of fiduciary duty and fraud claim against a solicitor.