David Railton QC
Call Date
1979
Silk date
1996
Practice Areas
David specialises in commercial litigation and advisory work, in particular in the following practice areas:
- Insurance and reinsurance
- Banking and finance
- Civil Fraud
- Professional negligence
- Conflict of laws and private international law
- Arbitration
Recommendations (Practitioners' Guides)
David is recommended as a Leading Silk by Chambers UK (in the fields of Commercial Litigation, Banking and Finance, and Insurance), Legal Experts (Commercial Litigation, Banking, Insurance/Reinsurance and Professional Negligence), Legal 500 (Commercial Litigation, Banking and Finance, Insurance/Reinsurance), and Chambers Global (Commercial Litigation). Comments include:
- “David Railton QC won plaudits from practitioners for his ‘lacerating mind’, ‘deft touch’ and ability to carefully unravel expert witnesses in the box’. He has a ‘meticulous approach and a very good conversational style’, qualities that ensure his cases always run smoothly” (Chambers UK, 2006, Banking & Finance)
- “David Railton QC is admired for his ‘incisive cross-examination’” (Legal 500, 2006, Banking & Finance)
- “David Railton QC attracted praise for his ‘good case management’ and ‘impressive courtroom skills’” (Chambers UK, 2006, Insurance)
- “David Railton QC … is ‘about three steps ahead of anyone else’” (Legal 500, 2006, Commercial Litigation)
- “Further comment was that he’s actually prepared to get his hands dirty by sitting down and turning the pages of all the documents in the trial bundles, instead of getting a junior to do it” (Chambers UK, 2006, Commercial Litigation).
- David Railton QC is “extremely cerebral and has a formidable intellect.” (Legal 500 (2007), Commercial Litigation).
Education
Balliol College, Oxford
- Distinction in Moderations (1976)
- 1st Class Hons Jurisprudence (1978)
Prizes & Scholarships
Balliol:
Gibbs Prize; Jenkyns Prize; Paton Studentship; Coolidge Pathfinder Award.
Gray's Inn:
Holt Award; Birkenhead Award.
Appointments
Recorder (2000); Bencher Gray's Inn (2005)
Professional Experience
David has a broad based commercial practice, having acted for and advised a wide range of commercial clients. He has over 25 years experience in practice of commercial litigation and arbitration, including cases with international and multi-jurisdictional elements. He has extensive experience of substantial commercial litigation, having acted in a number of long-running and complex cases. His practice is primarily as an advocate in Court and arbitration proceedings (in London and abroad), but he also regularly advises clients on transactional and product issues. He also sits as an arbitrator.
Recent Practice
Examples of David’s recent practice in his main practice areas include the following:
Insurance & Reinsurance
- acting for Lexington in relation to insurance backed film finance (Hollywood Funding 4, 5 & 6)
- acting for brokers (SCB) in connection with London market personal accident arbitrage issues
- acting for Pender/C&W in relation to Pender’s inwards and outwards book
- acting for Europ Assistance in relation to The Accident Group
- acting for insurers in connection with issues arising in relation to Claims Direct
- acting in arbitration proceedings for a major reinsurer in relation to asbestos related claims
- acting in arbitration proceedings for an insurer in relation to WorldCom liabilities
- advising sections of the insurance market on split capital coverage issues
- acting for Tai Ping in its litigation with Gan relating to the construction of a claims co-operation clause
- acting in arbitration proceedings for insurers in connection with a war risk policy
- advising an insurer in relation to issues concerning syndicate funding, funds at Lloyds, and Lloyds premium trust deeds
- acting for and advising insurers/reinsurers on jurisdiction/conflicts issues, including applications to contest the jurisdiction, for stays, and anti-suit injunctions
- acting for and advising insureds/insurers/reinsurers on the construction of various policies, including all risks, business interruption, construction, theft, liability, product, mortgage indemnity and professional indemnity policies
Banking & Finance
- acting for and advising banks, insurers and other financial institutions on issues arising out of note/bond issues
- advising a major credit card issuer in connection with the OFT’s default charges inquiry
- advising a fund manager in relation to split capital investment trust issues
- acting for and advising banks in connection with swaps and other derivatives
- acting for Lexington in relation to insurance backed film finance
- acting for insurers in their subrogated claims against administrators/forfaiters relating to securitised sovereign trade debts
- advising banks and other financial institutions on financial services issues
- advising a leading bank on the nature of a novel international financial product
- acting for and advising banks in connection with syndicated loans
- acting for and advising banks in relation to claims on bills and promissory notes
- acting for and advising banks on letter of credit issues
- acting for and advising banks in connection with personal and proprietary remedies, here and abroad, against defaulting customers/third parties
- acting for and advising banks in recovery actions following insolvency of customers
- advising banks on issues relating to their factoring books
- advising credit card issuers on consumer credit issues
Professional Negligence
- acting for Europ Assistance in their subrogated claims against solicitors relating to The Accident Group
- acting for Lexington in its claims against brokers and solicitors relating to insurance backed film finance
- acting for Wasps RFC in their claim against valuers for the negligent valuation of their ground
- acting for insurers in their subrogated claims against administrators/forfaiters relating to securitised sovereign trade debts
- acting for directors/managers in claims against them relating to transactions entered into by a trust fund
- acting for solicitors in claims against them relating to Formula One
- acting for insureds/reinsureds and brokers in relation to claims against brokers in connection with the placing of various policies/reinsurances
Commercial Litigation (other)
- acting for and advising the Nigerian Government in its action to recover stolen funds from the Abacha family
- advising a major utility company in connection with options under a share sale agreement
- advising a company in connection with the terms of an oil and gas exploitation agreement
- acting for and advising companies on claims against directors/employees who had diverted business opportunities
Notable Cases
Examples of David’s recent or notable Court cases include the following:
Law Debenture v. Elektrim 2006 All ER(D) 97
- construction of trust deeds and other agreements relating to Eurobond issue
Euler Hermes v. Apple Computer 2006 (CA)
- construction of settlement of credit risk insurance claim
Tektrol v. International Ins. Co. of Hannover 2006 LRIR 38 (CA)
- construction of combined all risks policy
Peekay Intermark v. ANZ 2006 (CA)
- misrepresentation relating to investment in a GKO derivative product
Tonicstar v. American Home 2005 LRIR 32
- anti-suit injunction to restrain motion to compel arbitration in New York
Banco Santander v. JPMorgan 2005
- claim under perpetual ISDA interest rate swap; settled shortly before trial
Wasps v. Lambert Smith Hampton 2004 All ER (D) 61
- claim against valuers for negligent property valuation
Hollywood Realisation Trust v. Lexington Insurance Co & Others 2003
- Hollywood Funding 4&5 film finance litigation; acted for Lexington (6 month+ Commercial Court case; settled during trial)
Sphere Drake v. Euro International Underwriting 2003 All ER (D) 160
- PA reinsurance "arbitrage" dispute (12 month Commercial Court trial)
Federal Government of Nigeria v Abacha; Compagnie Noga v. Abacha 1999-2003; 2001 3 All ER 513; 2003 2 All ER (Comm) 915; 935 (CA)
- dispute as to settlement of FGN's claims against former Nigerian regime (6 month+ Commercial Court trial)
ABCI v Banque Franco-Tunisienne 2003 2 LLR 146 (CA)
- jurisdiction dispute
Versailles v Clough 2001 (CA)
- banking; privilege against self-incrimination
Gan v Tai Ping 2001 LRIR 667 (CA); 2002
- insurance; construction of claims co-operation clause
Askin v ABSA 1999 (CA)
- jurisdiction dispute; forum conveniens
Manoukian v. Prince Jefri of Brunei 1998
- contractual dispute (6 month+ Commercial Court case; settled during trial)
Sumitomo v BBL 1997 1 LLR 487
- banking; syndicated loans; duties of arranging bank
Pointwest litigation 1996
- banking, insurance and property litigation (6-9 month case; settled shortly before trial)
Investors Compensation Scheme v. C&G 1996 2 BCLC 165
- construction of assignment under Investors Compensation Scheme
BBL v Eagle Star 1995 1 LRLR 17
- mortgage indemnity insurance; banking; surveyors negligence; damages (9 month Commercial Court trial)
Bates v Barrow 1995 1 LLR 680
- stop loss reinsurance; illegality
Assitalia v OUI 1995 1 LRLR 76
- reinsurance/limitation periods in German law
O'Brien v Hughes Gibb 1995 LRLR 90
- insurance broking; bloodstock policies relating to Shergar
GE Capital v. Bankers Trust 1994
- takeover, banking, accountancy negligence litigation (9 month case; settled during trial)
Rafsanjan Pistachio Producers v. Bank Leumi 1992 1 LLR 513
- letters of credit; UCP; fraud
Overseas Union v. New Hampshire 1992 QB 434 (ECJ)
- stay under Article 21 Brussels Convention
OUI v. Incorporated General Insurance 1992 1LLR 439 (CA)
- jurisdiction dispute; appropriate forum; ICA illegality
Texas Eastern v. Enterprise Oil 1989
- pre-emption rights relating to North Sea syndicate
CTI v Oceanus 1984 1 LLR 476
- insurance; duty of disclosure