Derrick Dale
Call date
1990
Practice Areas
Derrick Dale has a broad commercial and civil practice, specialising in:
- Commercial litigation and arbitration;
- Insurance and Banking;
- Professional Negligence and Civil Fraud
Summary of Practice
Derrick Dale is a senior junior of 19 years call with wide ranging experience of all areas of commercial law. Derrick is profiled as a leading junior in Legal 500, Legal Experts and Chambers for commercial litigation, insurance/reinsurance and professional negligence work. He is described variously as a “clear-minded” presence, an “incredibly bright and hard-working fellow” who is “noted for his sound commercial judgment and inventive approach”. Most importantly, it has been stated that “he retains a sense of humour in the darkest of times”.
He has been since 2004 the joint editor of the damages section in ‘Simpson on Professional Negligence’.
Recent significant cases include:
- Levicom v Linklaters [2009], defending Linklaters in a 5 week professional negligence trial relating to a dispute under a shareholders’ agreement and subsequent arbitration. Judgment of Mr Justice Andrew Smith awaited.
- Markel and QBE v SGC and others [2008] EWHC 1135, acting for QBE in a 6 week trial (before Mr Justice Teare) bringing a fraud claim against its former brokers, SGC, and other individuals for writing bonds out of scope and the under-declaration of premium. Currently awaiting Court of Appeal judgment.
- Another v Herbert Smith [2008], acting for Herbert Smith in a 7 day arbitration commenced by their former client for breach of retainer and alleged misuse of confidential information.
- Deutsche Bank v APBW [2008] EWHC 1135; acting for Deutsche Bank in a jurisdiction dispute against a Taiwanese telecom company for breach of a Credit Agreement. Jurisdiction issue determined by the Court of Appeal. 10 week trial to commence before Mr Justice Flaux in October 2009.
Education
MA First Class, Cambridge University.
LLM Harvard Law School.
New York Bar.
Memberships
Derrick has recently joined the British Association for Sport and Law.
Notable Cases
Arbitration
Another v Herbert Smith [2008] (Bruce Brodie, Andrew Foyle, Michael Lee)
An arbitration between Herbert Smith and a former client in which the question was whether a solicitor who had previously acted under a joint retainer for 2 clients, could at the end of the joint retainer act for one of the former clients against the other in other proceedings relating to the same subject matter.
Hellenic Mutual War Risk Association v Sea Trade Maritime “The Athena” [2006] 2 Lloyds Rep 147 (Jonathan Hirst QC, Sir Christopher Staunton)
An arbitration concerning the exercise of the discretion by the Association to pay a claim involving extensive jurisdictional challenges to the jurisdiction of the arbitrators.
WR Berkeley v Co 2006 (Julian Flaux QC)
Arbitration between two insurers as to which insurer was liable for losses.
Banking & Finance
Deutsche Bank v APBW [2008] EWHC 1135 (Longmoore LJ, Keene LJ and Law LJ)
DB suit against Taiwanese telecommunications company for breach of a Credit Agreement and counterclaim by Taiwanese Company that DB knowingly participated in a fraud committed by the Chairman of the companies. Court of Appeal found that under Brussels Regulation DB could also bring alternative claims against the Taiwanese companies for restitution and misrepresentation. The 10 week trial of the action is due to take place in October 2009 in the Commercial Court before Flaux J.
Mahonia v WestLB [2004] EWHC 1938 (Comm) (Mr Justice Cooke)
A dispute between JP Morgan Chase and WestLB as to whether JPMorgan Chase had conspired with Enron to obtain a letter of credit from WestLB in support of a disguised loan in the form of three swaps from JP Morgan Chase to Mahonia, a special purpose vehicle incorporated in Jersey.
Civil Fraud
Markel and QBE v SGC and others [2008] EWHC 1135
A 6 week trial in the Commercial Court before Mr Justice Teare where I acted for the insurer QBE bringing a claim against its former brokers, SGC, and other individuals, who had been under-declaring the size of the book written and not accounting to QBE for premium. QBE were successful.
Strive Shipping Corporation v Hellenic Mutual War Risks Association (Bermuda) Ltd, the Grecia Express [2002] EWHC 203 Colman J.
A case concerning the alleged scuttling of an Greek passenger ferry by its owner, involving an important analysis of marine perils, policy coverage, the burden of proof in cases of malicious acts and scuttling or barratry, the scope of moral hazard as regards the duty of disclosure and the duty of good faith.
Commercial Litigation
Ineos v Huntsman (2006) Blackburne J
A large commercial dispute between two chemical companies involving extensive construction issues in respect of numerous agreements and a claim that such agreements were in breach of the Competition Acts and EU treaties.
Petrol Express v Ernst & Young, RBS and Fuelforce (2006)
A case concerning the diversion of a maturing business opportunity by the former directors of Petrol Express to newco and the liability of the directors and the advisers for breach of fiduciary duty.
Cable & Wireless v IBM (2004)
An involved commercial dispute between C&W and IBM concerning the provision of outsourcing of IT services by IBM and the benchmarking requirements under the contracts.
Knauf v British Gypsum (2004)
A technology and construction case concerning the cause of delamination of plaster from paperboard in 10,000 homes in the North West and the chemical factors and processes causing such delamination.
Professional Negligence
Levicom v Linklaters [2009] (Andrew Smith J)
A 5 week professional negligence trial on behalf of Linklaters relating to a dispute under a shareholders’ agreement and subsequent arbitration.
REO v Aberdeen & UBS (2007)
An action relating to the alleged failure of Aberdeen and UBS to advise on flotation the board of a company as to the inherent risks involved in split capital investment trusts and their propensity to systemic collapse by reason of their high gearing and cross holdings in other split capital companies.
Williams and McLaren v Linklaters and Baker & McKenzie (2006)
A dispute between two Formula One companies and their former legal advisers as to the drafting of an agreement with SLEC, a trust company set up by Bernie Ecclestone.
The Football League v Edge Ellison (2006)
An action brought by the Football League against its former legal advisers in respect of the alleged failure of Edge Ellison to seek and obtain a guarantee from the parent companies of OnDigital to support OnDigital’s payment obligations under its tv rights contract with the Football League.