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David Lewis
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Great to work with, very sharp and very responsive

Chambers UK

David has very substantial experience in commercial disputes. His board-based commercial practice spans domestic and international litigation and arbitration as well as other forms of ADR, contractual disputes, directors and shareholders disputes, joint ventures and partnerships disputes, civil fraud, sales of goods and services, franchising, professional negligence, and agency (in particular commercial agency).

He is recommended as an “incredibly impressive” leading junior in commercial dispute resolution by the legal directories.  They note the fact that not only is he “an excellent advocate” but also that he is “highly user-friendly”, “down to earth, very commercial”. “When you have a difficult court case, he’s the guy you want.  He really fights your corner, he’s extremely thorough and he knows his stuff”.

Recent cases:

    • A v B [2018] HC (Ch) (May) leading a junior member of chambers in an appeal on grounds of serious procedural irregularity.
    • Andersson v Kamran [2018] HC (Ch) (May) leading a junior member of chambers defending an application for interim injunctive relief in this ongoing dispute for specific performance. 
    • HH Sheikh Tahnoon Al Nehayna v Ioannis Kent [2018] EWHC 333 (Comm) & [2018] EWHC 614 (Comm), leading a junior member of chambers in a complex €22 million Commercial Court claim.
    • A v B [2017] €300 LCIA International Arbitration claim for deceit, breach of fiduciary duty, breach of contract.
    • A v B [2017] €100 million International Arbitration.
    • Tube Tech International Limited Ltd v Intertek Investigation Services UK Limited (ongoing) representing the defendants in a contract dispute valued at £10-£15 million involving issues including contractual penalty clauses.
    • James Rogers v Andrew Barr acting for the Claimant at trial and in relation to the taking of an account in regard to a partnership dispute [2017] EWHC 1423 (Ch)
    • Beavis v ParkingEye – Supreme Court – [2015] UKSC 67 [2015] 3W.L.R 1373, representing (with others) the Appellant in his appeal to the Supreme Court relating to the penalty rule (the law relating to contractual penalties).

David is an accredited mediator.

Commercial Litigation

David has extensive experience in commercial disputes. His wide-ranging commercial practice spans domestic and international litigation and arbitration as well as other forms of ADR, contractual disputes, directors and shareholders disputes, joint ventures and partnerships disputes, civil fraud, sales of goods and services, franchising, professional negligence, agency, and interlocutory applications e.g. for freezing relief, specific performance, and proprietary remedies.

David has comprehensive experience in franchising, representing both franchisors and franchisees, as well as of commercial agency disputes, acting for both agents and principals operating in a wide variety of industries including fashion, leisure, aerospace, homeware, garden, food and beverage, furniture, sports, security, transport industries.

Recent Work:

  • A v B (ongoing) £10m commercial chancery case relating to the breakdown of relationships between the two founders and equal shareholders.
  • Tube Tech International Limited Ltd v Intertek Investigation Services UK Limited (ongoing) QB acting in a claim values at £10-£15 million for breach of contract involving issues of contractual penalty clauses.
  • HH Sheikh Tahnoon Al Nehayna v Ioannis Kent (€22 ) [2018] EWHC 333 (Comm) & [2018] EWHC 614 (Comm) leading a junior member of chambers in a complex €22 million Commercial Court claim.
  • A v B €300 million LCIA International Arbitration acting for the claimant in a claim for deceit, breach of fiduciary duty, breach of contract.
  • A v B €100m LCIA International Arbitration acting for the claimant in a sizeable contractual dispute
  • Certus Capital Limited v Publity AG HC [2016] (QB) representing the claimant in a £15 million contractual dispute relating introduers fees involving issues of construction, estoppel and quantum meruit and German law.
  • ParkingEye v Beavis [2015] UKSC 67 [2015] 3 W.L.R 1373, representing (with others) the Appellant in their appeal to the Supreme Court relating to the penalty rule (the law relating to contractual penalties).
  • Malcolm Harrison v (1) Sir John Madejski (2) Coys of Kensington (A Firm) [2014] EWCA Civ 361 representing the appellant in an appeal regarding issues of unjust enrichment, restitution and market value for services.
  • Rossetti Marketing Limited v Diamond Sofa Company Limited [2013] 1 All E.R. (Comm) 308 representing the claimant in this Commercial Agency Regulations appeal.
  • Invicta UK (a partnership) v International Brands Limited [2013] EWHC 1564 (QB):  representing the claimant in this Commercial Agency Regulations Case, which is not the leading domestic authority determining the point in time at which the court assesses whether an agent falls within the scope of the Commercial Agents (Council Directive) Regulations 1993.
  • Travel & Holidays LLC v Hajj Charter Ltd [2013] [2013] 5 Costs L.O. 657.
  • Travel & Holidays LLC v Hajj Charter Ltd [2013] EWHC 4334 (Comm) – variation of a freeing order.
  • Nutritek in VTB Capital Plc v Nutritek International Corp & Ors [2012] EWCA Civ 808 representing the First Defendant in this 5 day Court of Appeal case involving allegations of fraud (value circa $300 million) and piercing the corporate veil.

Civil Fraud & Asset Tracing

David has considerable experience of civil fraud claims acting for individuals and corporates including multi-party, international disputes where conflicts of law and questions of jurisdiction are commonplace.  His expertise includes claims for breach of fiduciary duty, fraudulent misrepresentation, deceit and secret profits, conspiracy, knowing receipt, unjust enrichment and breach of trust.

Recent Work:

  • A v B (ongoing) acting for the Claimants in a multi million pound claim concerning allegations of deceit and breach of duty causing parties to invest in a tax mitigation scheme.
  • A v B [2017] €300 million LCIA International Arbitration claim for deceit, breach of fiduciary duty, breach of contract.
  • Bicester GP Ltd and ors v Breen and ors [2017] HC (Comm) representing one of the defendants, defending a claim for £8m against allegations of deceit, unlawful means conspiracy, constructive trust, money had received and unjust enrichment.
  • A v B [2016] acting for the putative defendant defending allegations of deceit, knowing receipt, conspiracy and misfeasance, centring around investment in an extremely prestigious property development in London.
  • A v B [2015] represented the Claimant as leading counsel in this claim regarding the sale of a shareholding procured by deceit and unlawful means conspiracy.
  • Nutritek in VTB Capital Plc v Nutritek International Corp & Ors [2012] EWCA Civ 808 represented the First Defendant in a 5 day appeal before the Court of Appeal involving allegations of fraud, value £300 million.

Commercial Arbitration

David is experienced in domestic and international arbitration including CIS work, fraud, commercial disputes, shareholder actions and partnership disputes.

  • A v B [2018] advising on and ad hoc arbitration regarding breach of contract and professional negligence.
  • A v B [2017] €300 million LCIA International Arbitration claim for deceit, breach of fiduciary duty, breach of contract.
  • A v B [2016] 100 million LCIA International Arbitration claim arising out of breach of contract and breach of trust.
  • A v B [2016] acting for the claimant involving allegations of breach of a partnership agreement relating to a partnership formed in the CIS.
  • A v B LCIA Arbitration representing the claimant (Cypriot company) in its claim £1.5 million claim against a major corporate for breach of contract.
  • A v B representing a fashion house defending allegations of misrepresentation and breach of contract.
  • A v B representing the Claimant in a commercial agency arbitration.

 

Franchising

David has comprehensive experience in franchising, representing both franchisors and franchisees, as well as of commercial agency disputes, acting for both agents and principals operating in a wide variety of industries including fashion, leisure, aerospace, homeware, garden, food and beverage, furniture, sports, security, transport industries.

Recent Work:

  • A v B (ongoing) HC (Ch), representing the Claimant franchisor of health clubs in its claim for breach of contract, specific performance and final declaratory (injunctive) relief.
  • A v B (ongoing), representing the Defendant franchisor of domiciliary care services in the UK, defending interim injunction proceedings, and the substantive claim for breach of contract.
  • (1) Arch Kitchens Ltd (2) Hay v (1) Wellmann GMBH & ors [2016] HC (QB), representing the claimant in a claim for deceit (fraudulent misrepresentation), negligent misstatement and breach of contract.
  • Apollo Window Blinds [2016] EWHC 2307 (QB) representing the Franchisor regarding restrictive covenants and interim relief.
  • Startwell v Energie [2015] (QB) representing the defendant franchisee in a claim for breach of contract.

Companies, Joint Ventures & Partnerships

David is frequently called upon to advise and represent partners, partnerships, joint venturers and joint ventures in all manner and scales of dispute.

David acts regularly in company disputes including unfair prejudice petitions under 994 of the Companies Act 2006 and just and equitable petitions and the removal of directors under the Company Directors Disqualification Act 1986 and has experience in Derivative claims.

Recent Work:

  • Re Midland Resources Holdings Limited [2017] instructed to assist local advocate in a petition under the Companies (Guernsey) Law 2008.
  • HH Sheikh Tahnoon Al Nehayna v Ioannis Kent [2018] EWHC 333 (Comm) & [2018] EWHC 614 (Comm), a €15 million Commercial Court claim involving economic and physical duress, blackmail, implied duty of good, partnership and joint venture relationships.
  • Re A Partnership [2017] acted in a Partnership dispute relating, inter alia, to the application of s42 of the Partnership Act.
  • James Rogers v Andrew Barr [2017] EWHC 1423 (Ch) acted for the claimant in this matter con concerning the formation of a partnership and the contentious taking of an account.
  • A v B [2017] €300 million LCIA International Arbitration regarding allegations of partnership, deceit, breach of fiduciary duty, breach of contract.
  • The Northampton Regional Livestock Centre Company Ltd v Cowling & Ors [2013] EWHC 1720 (QB), [2014] EWHC 30 (QB)[2015] EWCA Civ 651 acting for one defendant in this claim relating to agency, partnership and breach of fiduciary duty, and vicarious liability and the application of s10 of the Partnership Act “ordinary course of business”.
  • Re A (ongoing) acting in high value section 994 petition on grounds that the petitioners were unfair prejudice by the management of the company.
  • Re A (ongoing) acting in a section 994 petition in which a quasi-partnership is alleged, regarding allegation of unfair prejudice on grounds of breach of fiduciary duty and diversion of assets.
  • Re A (ongoing) acting for the claimant regarding a derivative claim against the defendant for is misappropriation of company money.
  • Re A (ongoing) acting in a section 994 petition in which a quasi-partnership is alleged, regarding allegation of unfair prejudice on grounds of breach of fiduciary duty and diversion of assets.

Employment & Executive Disputes

David’s employment law expertise focuses on High Court executive disputes quite often related to directors and shareholders disputes, but also includes claims for and against employees and directors for breach of fiduciary duty, misfeasance, breach of trust, proprietary claims and conflicts of interests. He has considerable experience in applying for and resisting injunctions for breach of covenants, infringement of fiduciary and confidentiality duties and freezing orders.

Recent Work:

  • A v B (ongoing) David represents the co-founder and the former Chief Marketing Officer of the Respondent company in his whistleblowing claim.
  • A v B, David represents the company in its claim against an ex-employee who misappropriated funds.
  • A v B David represented the founder of a company and former director and shareholder in his claims for deferred consideration due under a Share Purchase Agreement, breach of contract, and his related employment claims for unfair dismissal.
  • A v B in which David represented the company in its claim for breach of Directors duty, freezing and proprietary relief, and recovery of money had and received allegedly misappropriated by a senior employee.

Private International Law

David has experience of cases involving private international law issues.

For example:

  • Jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982). He is also regularly involved in multi-jurisdictional disputes, involving complex jurisdictional issues or concurrent foreign proceedings or where the substantive law of the English proceedings is not English law. Examples include: Nutritek in VTB Capital Plc v Nutritek International Corp & Ors [2012] EWCA Civ 808 in which David (with others) representing the First Defendant in this 5 day Court of Appeal case involving allegations of fraud (value circa $300 million) and piercing the corporate veil/
  • A v B  in which it was contended that Ukrainian law applied.
  • Certus Capital Limited v Publity AG HC [2016] (QB) which involved the application of the German law (the Commercial Code). 

International

David’s expertise in commercial dispute resolution, both litigation and arbitration, gives him considerable experience of disputes involving international parties and overseas jurisdictions in relation to all the areas of his practice.

He has handled disputes involving a wide variety of jurisdictions including the Middle East and Europe.

Directory recommendations

David is recommended by both Chambers UK and Legal 500 for commercial dispute resolution.

  • “Down-to-earth, very commercial and an excellent advocate.” “He’s very good at establishing his arguments and can read judges very well.” (Chambers UK)
  • He “combines astonishing turnaround time with excellent quality of work. He explains complex issues very clearly to clients and grasps detail quickly.  He is impressive on his feet.” (Chambers UK)
  • He is very bright, highly proactive and really on your side.” Chambers UK
  • “Very easy to work with and the lay clients love his punchy style.” (Legal 500)
  • “Confident, intelligent and robust. You know he is fighting your corner” (Legal 500)

Professional associations

  • Commercial Bar Association
  • London Common Law and Commercial Bar Association
  • London Court of International Arbitration
  • Employment Lawyers Association

Qualifications

  • LL.B Hons
  • ADR Group Accredited Civil & Commercial Mediator
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