David Pliener

Call:1996

Introduction and Contact details

"David Pliener is also identified as having a flourishing construction practice. He was led by Paul Reed in a £20 million dispute in the TCC arising out of the construction of a new runway at Manchester airport." Chambers UK 2010 

David has developed a very successful construction, insurance and commercial based practice.
He acts for various insurance, construction and other major companies in high value and complex pieces of litigation, domestic and international arbitration and adjudication and mediation.
He enjoys strong working relationships with his solicitors and has a reputation for a common sense approach and effective advocacy.

Outside of the law, David divides his time between family, friends and football; not always in that order.

Tel:    020 7242 2523(switchboard)
Fax:   020 7691 1234

Email: david.pliener@hardwicke.co.uk

COMMERCIAL

A large element of David’s practice concerns construction and construction related disputes, including domestic and international arbitration and adjudication.

In addition, David has extensive experience of commercial disputes and all business related matters, including substantial trade/contractual disputes, professional negligence, civil fraud and electricity distributor/supplier disputes.

David has particular experience in obtaining emergency interim remedies and has a strong track record in obtaining favourable results through mediation.

Arbitration

David regularly appears in both domestic and international arbitration, especially but not exclusively in construction related disputes.

Recent Work

• Domestic arbitration over £15 million concerning the meaning of “damage” in a construction all risk insurance policy.
• US$150 million international arbitration concerning re-building works in the aftermath of the damage caused by Hurricane Ivan in Gran Cayman.
• Advising on the applicability of an arbitration clause in relation to a substantial commercial dispute.

Civil Fraud

As part of his commercial practice David has extensive experience of acting in relation to high value civil frauds. This often includes obtaining or responding to emergency injunctions and freezing orders.

Recent Work

• A £1 million commercial fraud dispute in the Chancery Division, involving freezing orders and a leading European soft drinks company.
• Advising and acting in respect of a long running and complex commercial dispute in the High Court over a multi-million pound deal.
• Representing one of the largest UK car dealerships in a very substantial commercial dispute involving various finance companies and allegations of fraud against a supplier.

Construction & Engineering

Much of David’s practice involves substantial construction and construction related disputes and he has wide experience of very high value litigation, arbitration and adjudication. He represents contractors, construction & engineering professionals, property owners and insurance companies in all manner of construction related work.

Recent Work

• US$150 million international arbitration concerning re-building works in the aftermath of the damage caused by Hurricane Ivan in Gran Cayman.
• Acting for a construction joint venture in relation to a £15 million dispute in the TCC arising out of the construction of a new runway at Manchester Airport.
• A £10 million dispute in the TCC concerning allegations of defective design of the A1(M) in Yorkshire.
• Acting for specialist piling contractors in an adjudication of a £1 million professional negligence piling dispute.
• Acting for a leading car manufacturer in a dispute arising out of an explosion of an AHU unit.

Cases

Blackwell v Gerling [2007] EWCA Civ 1450 [2008 I ALL ER (Comm) 885 Acting on behalf of insurers in a dispute concerning the meaning of fortuity and defects exclusions. This is now the leading case on the meaning of the standard defects exclusion clauses.

Mirimskaya v Evans (2007)151 SJLB [2007] ALL ER (D) 269 Acting in relation to a £1 million construction dispute with a Russian oligarch, concerning the law on oral contracts and repudiation. The case was commented upon in Building (2007) No.40 p62-63.

Professional Negligence

David regularly acts in various professional negligence disputes, especially in respect of construction related matters and solicitor’s negligence.

Recent Work

• Acting for a construction joint venture against the project designers in relation to a £15 million dispute in the TCC arising out of the construction of a new runway at Manchester Airport.
• A £10 million dispute in the TCC concerning allegations of defective design of the A1(M) in Yorkshire.
• A solicitor’s negligence case in relation to the drafting of commercial agreements pre-credit crunch, which failed to address the question of what would happen if funding was not obtained.
• Solicitor and auditor's negligence for failing to identify a multi-million pound fraud by directors.

Trade

David acts for a variety of businesses in relation to the commercial disputes they encounter, from investment bankers to leading UK car dealerships, significant PLCs to cutting edge IT ventures. The disputes typically derive from commercial deals which have gone wrong and, more recently, fallout from the credit crunch.

Recent Work

• Acting for an investment bank in relation to a dispute concerning ostensible authority in relation to financial services provided for an internal share buyout.
• Two commercial disputes arising out of interim development agreements where no provision was made for the lack of available funding.
• Acting for a fuel distribution company in a substantial dispute concerning the application of a Preferred Supplier Agreement.

Cases

Samouelle v Pendragon [2005] concerning the law on rejection and affirmation.

Islam v Ali [2003] EWCA Civ 612 [2003] ALL ER (D) 384 concerning the law on costs orders and Part 36 offers (referred to in White Book and Cook on Costs).

Evans Halshaw Motors Ltd v J&R Mac Ltd [2003] ALL ER (D) 81, EWCA Civ 1164 on approach of Court of Appeal to overturning first instance decisions.

Utilities

David acts for electricity companies in relation to a variety of disputes, including insurance claims and fire damage, often requiring a familiarity with technical expertise.

Recent Work

• Acting for an electrical company in relation to a 3 party dispute concerning a fire at a school caused by a failed neutral.
• Acting for an electrical company in a dispute concerning the licensing for piping running under the Thames.

INSURANCE

David regularly acts and advises on coverage and policy issues, especially in the construction insurance field, including policies of professional indemnity and all risks. He has acted for many of the leading insurers and continues to act in numerous high value and significant insurance disputes. He also has extensive experience in business interuption claims.

All Risks

David regularly acts and advises in relation to all risk policies, especially, but not only, construction all risks.

Recent Work

• Advising a multinational storage company in relation to a purported avoidance arising from alleged material non-disclosure.
• Advising and acting on behalf of insurers in a dispute concerning the meaning of fortuity and defects exclusions in a construction all risks policy.
• Advising on policy avoidance of associated companies in light of 'moral hazard' of director.

Construction and Engineering

David has extensive experience in construction & engineering insurance disputes. He has acted for numerous insurers, construction & engineering professionals, developers and property owners in relation to coverage and avoidance issues. He has particular knowledge of defect exclusion clauses.

Recent Work

• A US$150 million international arbitration concerning insurance coverage arising out of Hurricane Ivan in the Gran Caymans.
• A £15 million arbitration in relation to the construction of the A1(M). The dispute turned upon the meaning of ‘damage’ and the impact of sue and labour clauses within a Construction All Risks Insurance policy.
• Advising in relation to defects exclusions arising out of a failed tanking system.
• Advising on policy coverage and interpretation in relation to a business interuption clause on a large hydro electric project.

Cases

Blackwell v Gerling [2007] EWCA Civ 1450 [2008] I ALL ER (Comm) 885 Acting on behalf of insurers in a dispute concerning the meaning of fortuity and defects exclusions. This is now the leading case on the meaning of the standard defects exclusion clauses.

AMEC/Carillion v RSA [2006] (TCC) Acting for the construction joint venture in relation to damage and delay caused in the construction of a new runway at Manchester Airport.

Fire Damage

David acts for insurers and utility suppliers in fire damage disputes, including coverage and avoidance issues.

Recent Work

• Acting in relation to a catastrophic fire where insurer is alleging avoidance for material non-disclosure.
• High value dispute turning on application of excesses and deductibles.

Professional Indemnity

David acts for insurance companies and professionals in professional indemnity disputes, often in construction related areas but also in other areas of professional negligence, especially that of solicitors.

Recent Work

• David is currently acting in relation to a £10 million professional negligence dispute, with the professional indemnity insurer disputing compliance with a notification condition precedent.

• Acting for insurers on a professional indemnity policy disputing coverage on a high value ‘negligent design’ case.

Articles

• 'Something ventured - nothing gained?', Insurance Day, 23 July 2010 (with Jeffrey Thomson)
• 'Outflanking Murphy v Brentwood: Claiming in Tort for Pure Economic Loss', Construction Law Journal (2010) 26 Const.LJ. Issue 4, 270 – 277
• 'A question of substitution: why the Sardinia Sulcis is unlikely to surface', Insurance Day, April 15 2005
• 'At last a charity for mediation', New Law Journal, 2004, Volume 154, No. 7132, 878 - 879