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Practice
David
Head has a broad-based commercial practice incorporating both
litigation and advisory work. Recommended as a leading junior
in the field of commercial litigation (Chambers & Partners,
2007), he is described as "concise, quick-thinking and
eloquent - both on paper and in trial". He has particular
expertise in banking and finance, insurance and reinsurance,
professional negligence (especially solicitors, brokers and
auditors), commercial fraud, IT and Telecoms, insolvency,
media and entertainment law. He has considerable experience
as an advocate in cases of all sizes, including high value
multi-party litigation.
Recent
Cases
ALS
v Honeywell International Inc (Comm. Ct)
Instructed by US engineering conglomerate defending £600m
claim for alleged breach of collaboration agreement to develop
automotive door latch system. 12-week trial commencing April
2008.
Attorney-General
of Zambia v MCD & Ors [2007] EWHC 952 (Ch D)
Fraudulent misappropriation of $55m in government funds (and
laundering via solicitors' client accounts) by former President
and other officers of Republic of Zambia. Jurisdiction application
reported LTL13.10.05, 7.3.06 (CA). Dishonest assistance, conspiracy,
s.32 Limitation Act 1980. 14-week trial, judgment reported
LTL 16.06.07 (Peter Smith J).
Caring
Together Limited (in liquidation) v Bauso (Ch D)
£10m claim by charity subsidiary against former director
and others for breach of fiduciary duty, fraudulent misappropriation
of charitable fundraising business. Section 317, 320 Companies
Act 1985. Alleged ratification of breaches. Freezing injunction
return date reported LTL 13.07.06 (Briggs J).
BCCI
v Rahim (Ch D)
Claim by senior former employee of BCCI for substantial retirement
benefits allegedly agreed prior to liquidation of bank. Interlocutory
application (re hearing of evidence via video link due to
ill health and fear of arrest of witness) reported LTL 30.11.05
(Lewison J).
Instructed
by Guernsey Protected Cell Company in arbitration against
UK reinsured alleging non-disclosure of sources of collateral
fund supporting reinsurance programme.
Instructed
by English Liquidators in ongoing BCCI employee group litigation
(Ch D).
Taylor
Aston v Aon Ltd [2005] EWHC 1684 LTL 10.08.05 (Comm Ct.)
Claim re brokerage-sharing agreement in respect of emerging
Kazakhstan insurance market. Applicability of agreement to retrocession
commissions. Limitation, deliberate concealment.
Arief International Inc v Celador International Limited
[2004] EWHC 1277, LTL 28.6.04 (Ch D). Wrongful termination of
format licence for game show "Who Wants to Be a Millionaire?"
Alienation/vicarious performance of contractual obligations.
DAR v Aon Limited [2004] 1 WLR 1395, [2004] 3 All ER
986 (CA). Aviation insurance. Jurisdiction of Court of Appeal
to order security of defendant appellant's costs of proceedings
below.
McMillan Williams v Range [2004] 1 WLR 1858, Times 16
April 2004 (CA). Application of Consumer Credit Act 1974 to
commission claw-back provision in employment contract.
Rock Nominees Ltd v RCO (Holdings) plc and others [2003]
All ER (D) 138 (Ch D). Scope of disclosure obligations in takeover
dispute. Striking out witness statement in advance of trial.
Miller v Collin & Ors Bristol Mercantile Court. Vicarious
liability of firm for fraudulent acts of partner under s.10
Partnership Act 1890
De Jongh Weill v Mean Fiddler Holdings Ltd [2003] EWCA
Civ 1058, LTL 25.7.03 (CA). Specific performance of agreement
for share warrants in entertainment group. Certainty of terms.
Incomplete agreements. Valuation of warrants adopting Black-Scholes
model.
Instructed by reinsurance broker in dispute over excess of loss
cover on retailer's extended warranty scheme.
Firstcity v Orchard [2003] PNLR 9 (QB). Action against
solicitors and Counsel alleging negligent failure to advance
argument which ultimately succeeded in the Court of Appeal.
Instructed by reinsurance broker in negligence claim re "kidnap
and ransom" policy.
Instructed by European football club in respect of transfer
dispute with Premiership club in Court of Arbitration for Sport.
Eurofi v CMB LTL 9.7.02 (CA). Consolidated actions involving
agreements for Euro-grant contingency fees.
Summit Group v Slaughter & May Times 2.4.99, LTL
6.4.99 (Ch D): action against solicitors alleging negligent
drafting of buildings tax allowance commission agreement.
Instructed by professional footballer in dispute over termination
provisions in agency agreement.
Instructed by Life Assurance company (in both litigation and
mediation) in policy devaluation claim involving fraud of policyholders'
agent.
Awards
and Scholarships
Oxford
University Mooting Prize, Varsity Moot Leader
Queen Mother's Scholar
Harmsworth Entrance Exhibitioner
Professional
Membership
Middle
Temple, Commercial Bar Association, LCLCBA
Languages
French
(working knowledge).
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