David Murray
Call date
2004
Practice Areas
David Murray practises in all areas of commercial law, with particular experience in:
- Arbitration
- Aviation
- Banking and financial services
- Commercial litigation
- Consumer credit
- Insurance and reinsurance
- Private international law
- Professional Negligence
- Sale of goods
Education
- MA (Law), Christ Church, Oxford (First Class)
- BCL, Christ Church, Oxford (Distinction and highest mark in the University)
- BVC, Inns of Court School of Law (Very Competent)
Prizes & Scholarships
- Vinerian Scholarship (Oxford University)
- Eldon Scholarship (Oxford University)
- Mansfield Scholarship (Lincoln’s Inn)
- Prize for best performance in Restitution BCL paper (Oxford University)
- Prize for best performance in Commercial Law Finals paper (Oxford University)
Appointments
Tutor in law, Christ Church, Oxford, 2004 -2005
Recent Practice
Significant recent cases
- Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39, [2009] 1 AC 1391 (House of Lords – auditors’ negligence and the illegality defence)
- Safeway Stores Ltd v Twigger [2010] EWHC 11 (Comm), [2010] NLJR 144 (Commercial Court, currently on appeal to the Court of Appeal – indemnity in respect of criminal penalties)
- Williams v Lishman, Sidwell, Campbell & Price Ltd [2010] EWCA Civ 418 (Court of Appeal – deliberate concealment under the Limitation Act 1980)
Arbitration
Instructed (with Bankim Thanki QC) in an ICC arbitration concerning a joint venture to design and manufacture gas turbines. The case involved issues of the Tribunal’s jurisdiction as well as the underlying dispute.
Instructed (with Tim Howe QC) in a dispute concerning an application to the Commercial Court for a stay of English proceedings in favour of a foreign arbitration.
Aviation
Recently instructed (with Michael Crane QC and Rosalind Phelps) in a substantial dispute concerning the sale of six Boeing 747 aircraft. The case settled shortly before a 6-week trial in the Commercial Court.
Regularly acts for airlines in claims brought by passengers under the Warsaw and Montreal Conventions.
Has advised on other aviation-related disputes concerning security interests over aircraft and aircraft maintenance disputes. Has been instructed to provide expert evidence for foreign proceedings on the liability in English law of aircraft manufacturers for injuries suffered by passengers in air accidents.
Banking & Finance
Recently instructed (with Tim Howe QC) in a dispute concerning the marketing of a CDO transaction to a Thai financial institution.
Currently instructed (with Michael Green QC) on behalf of the Financial Services Authority in relation to substantial market abuse proceedings in the Financial Services and Markets Tribunal.
Recently instructed (with Tim Howe QC) in a dispute concerning a syndicated loan agreement to a Nigerian telecommunications operator.
Recently instructed (with Richard Handyside) in a substantial dispute concerning alleged breach of mandate and other breaches of duty by a bank to its customer.
Advised in relation to “orphan assets” in the inherited estate of a with-profits investment fund.
Advised in relation to the lawfulness of terms in one of the large banks’ standard mortgage contracts.
Regularly acts in retail and other banking disputes, including cases concerning fraud, guarantees, insolvency and breach of mandate.
Commercial Litigation
Regularly instructed in all types of commercial and contractual disputes in a wide range of fields.
Recently instructed in a High Court dispute concerning a gold mine in Ukraine.
Recently instructed (with Craig Orr QC) in a dispute concerning the sale of shares in a property development company.
Currently instructed in Safeway Stores Ltd v Twigger [2010] EWHC 11 (Comm), which raises for the first time the issue of whether a company which has been fined for breaking the law can claim an indemnity for the fine from the employees allegedly responsible for the infringement. The case is due to be heard by the Court of Appeal in the second half of 2010.
Recently instructed (with Bankim Thanki QC) in a substantial dispute in the British Virgin Islands concerning the ownership of shares in a large mobile phone operator.
Currently instructed in a Commercial Court dispute concerning the sale and financing of a cargo ship.
Advised in relation to an agreement governing the relationship between an overseas financial institution and its parent company.
Advised on and acted in various county court and High Court trials and applications, including applications for freezing injunctions. Subject matter has included sale of goods, construction, banking and insolvency.
Conflict of laws
Involved in several international commercial disputes raising issues of jurisdiction and choice of law.
Consumer credit
Substantial experience of acting for banks and other financial institutions in claims concerning agreements regulated by the Consumer Credit Act 1974, and claims in relation to payment protection insurance.
Insolvency
Acted for and advised both individuals and companies on a variety of insolvency matters.
Insurance & Reinsurance
Instructed (with Michael Crane QC and Nik Yeo) in an arbitration concerning a Lloyd’s directors' and officers' liability policy.
Regularly instructed to advise on a range of insurance issues, such as coverage disputes and aggregation clauses.
Media and entertainment
Acted (with Bankim Thanki QC) for Sheikh Adbulla Al-Khalifa of Bahrain in his High Court claim for breach of a recording contract against Michael Jackson. The case settled in the second week of the trial.
Professional negligence
Instructed (with Michael Brindle QC and Mark Simpson QC) in Stone & Rolls Limited v Moore Stephens (House of Lords); [2009] UKHL 39, [2009] 1 AC 1391) which raised for the first time the question whether an auditor can rely on the defence of illegality when sued for failing to detect fraud in the audited company.
Instructed (with Mark Simpson QC) in Williams v Lishman, Sidwell, Campbell & Price Ltd (Court of Appeal: [2010] EWCA Civ 418), which concerns numerous points under the Limitation Act 1980.
Instructed in relation to an auditors’ negligence dispute in Hong Kong.
Experience of pursuing and defending solicitors’ negligence claims in a range of fields, including negligent drafting of agreements and negligent conduct of proceedings.
Professional regulation
Regularly instructed by the Solicitors Regulation Authority in a variety of matters, including appeals to the Master of the Rolls and High Court from decisions of SRA adjudication panels, and in judicial review proceedings.
Other Experience
Internship at the ICC International Court of Arbitration, Paris, October - December 2005
Pegasus Scholarship, Hong Kong, September – December 2007
Languages
French (fluent)
Interests
Mountaineering, water sports, travel