Fountain Court

London and Singapore

David Murray

David Murray Call date: 2004

David Murray practises in all areas of commercial law. He has particular experience in:


Recommendations

David is recommended in the legal directories for his “outstanding” work and his “first-rate performance in everything he has done from arbitrations to obtaining injunctions in the High Court”.  He is described in Chambers & Partners as “extremely bright and able”,  as having “everything it takes to be a future star”, and as “a commercially astute junior who provides ‘an all-round first-class service’”.  The Legal 500 says he has “an authority beyond his call”.

"Obviously very, very clever. He is a great team player and it's enormously helpful to have someone so affable on your team. He was happy to be phoned at any time." (Chambers 2015)

"His writing is fantastic. He's incredibly clever and willing to pick things up at the drop of a hat." (Chambers 2015)

"He has a friendly, co-operative approach." (Chambers 2015)

"Excellent reputation with clients" (Legal 500 2014)

"This up-and-coming star of the junior Commercial Bar is noted for his expertise in banking and finance disputes, and freezing injunction applications." (Chambers 2014)

"Recommended for his first-rate performance in everything he has done from arbitrations to obtaining injunctions in the High Court."  (Chambers 2014)

"His work is outstanding." (Chambers 2014)

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)

Appointments, memberships, prizes

  • 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)
  • Tutor in law, Christ Church, Oxford, 2004 - 2005

Notable cases

  • Tigris International NV v China Southern Airlines Co Ltd [2013] EWHC 2211 (Comm) (aviation/sale of goods)
  • Deutsche Bank AG v Petromena ASA [2013] EWHC 3065 (Comm) (jurisdiction under Lugano Convention)
  • AH Baldwin and Sons Ltd v Sheikh Saud Al-Thani [2012] EWHC 3156 (QB) (sale of goods, freezing injunctions in support of foreign proceedings)
  • 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] EWCA Civ 1472; [2011] 2 All ER 841 (Court of Appeal – indemnity in respect of criminal penalties)
  • Williams v Lishman, Sidwell, Campbell & Price Ltd [2010] EWCA Civ 418, [2010] PNLR 25 (Court of Appeal – deliberate concealment under the Limitation Act 1980)

Recent practice

Aviation

  • David has extensive experience of aviation matters, ranging from small disputes concerning passenger claims and private aircraft to multi-million dollar claims relating to large commercial airliners.
  • Recent experience includes a two-week Commercial Court trial (and subsequent appeal to the Court of Appeal) concerning the sale of six Airbus aircraft.  David has also been instructed 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) and a High Court claim arising out of a helicopter crash.
  • David has also advised on a variety of other aviation-related disputes, for example concerning security interests over aircraft and aircraft maintenance disputes.  He 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

  • David has very substantial experience in all manner of banking and finance disputes.  He regularly acts for retail, commercial and investment banks.
  • On the investment banking side, current and recent instructions include a number of very substantial Commercial Court disputes between investment banks and European public institutions concerning a range of derivative transactions, including synthetic CDOs.  David has also recently been involved in a substantial Commercial Court dispute concerning the trading of freight derivatives.
  • David has particular experience of cases involving derivatives of various kinds.  He is currently acting for a number of major banks in relation to alleged mis-selling of interest-rate derivative contracts.
  • On the retail/commercial side, David has extensive experience of bringing and defending claims concerning loans, guarantees, mortgages and other security interests, fraud, breach of mandate, mistaken payments and negligence.
  • David has extensive experience in defending claims brought against banks under legislation such as the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Credit Act 1974.
  • David also has extensive experience of banking regulation and disputes concerning the application of rules imposed by the Financial Conduct Authority and other regulators.

Commercial dispute resolution

  • David is regularly instructed in all types of commercial and contractual disputes in a wide range of fields, in addition to the banking and finance experience listed above.
  • David is currently instructed in a very substantial sale-of-goods dispute concerning an agreement for the sale of six Airbus aircraft.
  • Recent experience has included a series of related proceedings concerning auction sales and worldwide freezing injunctions (AH Baldwin and Sons Ltd v Sheikh Saud Ali Al-Thani [2012] EWHC 3156 (QB)), a Commercial Court dispute concerning the alleged breach of a licence agreement, and various other proceedings concerning breach of contract, misrepresentation, etc. David also has experience of disputes involving commercial agents.
  • David was instructed in Safeway Stores Ltd v Twigger [2010] EWCA Civ 1472, [2011] 2 All ER 841, which raised 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.  David was part of the team that successfully applied to have the claim struck out on the basis of the illegality defence.
  • Further recent instructions include a substantial dispute in the British Virgin Islands concerning the ownership of shares in a large mobile phone operator, a Commercial Court dispute concerning the sale and financing of a cargo ship, and a High Court dispute concerning a gold mine in Ukraine.
  • David has considerable experience of High Court and county court trials and applications, including applications for freezing and other injunctions, and other interim relief. Subject matter has included sale of goods, construction, banking and insolvency.

Conflict of laws

  • David has been involved in several international commercial disputes raising issues of jurisdiction and choice of law.  Many of the cases mentioned above featured jurisdiction and/or choice of law issues.  Further recent examples have included an application to the English court for a stay of proceedings in favour of the courts of Uganda on forum non conveniens grounds, and a number of applications to the Commercial Court for a stay of proceedings under the European judgments regulation and/or the Lugano Convention in favour of the courts of other European states. David also has experience of disputes involving significant elements of foreign law, and is used to working with experts on foreign law.

Insurance

  • David is regularly instructed to advise on a range of insurance issues, such as coverage disputes and aggregation clauses.  Current instructions include a very substantial dispute, which raises a number of complex coverage points, concerning claims arising out of the collapse of a major European corporation.

International arbitration

  • David has considerable experience in both institutional (ICC, LCIA) and ad hoc arbitrations, both as sole advocate and as a junior member of a team.  He also has experience of arbitrations under bilateral investment treaties.
  • Recent experience has included acting as sole counsel in two ICC arbitrations – one, in London, concerning the breach of a share sale agreement relating to a joint venture company in Dubai; and one, in Paris, concerning the design and manufacture of a grand prix racing motorcycle.
  • Experience as a junior includes 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.
  • David has particular experience of arbitration-related court proceedings.  Recent examples include a substantial application to the Commercial Court for a stay of English proceedings in favour of a foreign arbitration, and an application before the courts of the Dubai International Financial Centre to have DIFC court proceedings dismissed in favour of LCIA arbitration.  David also has experience of obtaining and resisting anti-arbitration injunctions from the Commercial Court (again as sole counsel).

Professional negligence

  • David has extensive experience of professional negligence claims, particularly in the financial sector.  He was 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.
  • David also acted (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.
  • He is currently instructed by one of the “Big Four” accountancy practices in a Commercial Court claim for alleged negligence in the conduct of financial due diligence.
  • David has recently been instructed in relation to an auditors’ negligence dispute in Hong Kong, and a solicitors’ negligence claim in the courts of the Dubai International Financial Centre.  He has also recently been instructed by a large bank in relation to a very substantial claim for negligent investment advice.
  • David has experience of pursuing and defending solicitors’ negligence claims in a range of fields, including negligent drafting of agreements and negligent conduct of proceedings.

Other experience

  • Internship at the ICC International Court of Arbitration, Paris, October - December 2005
  • Pegasus Scholarship, Hong Kong, September – December 2007
  • David is admitted to practise in the courts of the Dubai International Financiale Centre, and has appeared before the courts of Gibraltar.

Languages

French (working knowledge)