Fountain Court

London and Singapore

Derrick Dale QC

Derrick Dale QC Call date: 1990 | Silk date: 2010

Derrick Dale has a broad commercial and civil practice, specialising in:


Derrick has considerable experience in obtaining freezing injunctions, interim remedies and the conduct of heavy commercial litigation/arbitration, including group litigation. Derrick is profiled in the Legal 500, Legal Experts and Chambers for for commercial litigation, insurance/reinsurance and professional negligence work. Since 2004, Derrick has been the joint editor of the damages section in ‘Simpson on Professional Negligence’. He also sits on the Bar Standards Board (Rule Committee).

Since taking silk he has been described as follows:

"Derrick is brilliant. He is a perceptive and strong performer." (Chambers & Partners 2014)

"Very responsive, very client-friendly and completely unflappable." (Chambers & Partners 2014).

"Exceptionally hard-working and good with clients, he's a persuasive advocate." (Chambers & Partners 2014)

“Very popular with solicitors, he has a wide practice and often finds himself defending solicitors' firms.” (Chambers & Partners 2014)

"He is bright and I would trust him with a cherished client." (Chambers & Partners 2014)

A “clear-minded” presence, “incredibly bright and hard-working” who is “noted for his sound commercial judgment and inventive approach” (Legal 500)

“He has an impressive eye for detail and is much valued by those that use him” (Chambers & Partners 2013).


Recommendations

Derrick is a recommended silk in the following areas:

  • Banking & finance
  • Commercial dispute resolution
  • Professional negligence

Derrick Dale QC has an "impressive eye for detail" and is much valued by those who use him (Chambers and Partners 2013)

Some recent quotations from the directories:

 "Very responsive, very client-friendly and completely unflappable." (Banking & Finance, Chambers and Partners 2014)

"He is bright and I would trust him with a cherished client." (Professional Negligence, Chambers and Partners 2014)

"Derrick is brilliant. He's a perceptive and strong performer."  (Commercial Dispute Resolution, Chambers and Partners 2014)

"Exceptionally hard-working and good with clients, he's a persuasive advocate." (Commercial Dispute Resolution, Chambers and Partners 2014)

Education

  • MA First Class, Cambridge University
  • LLM Harvard Law School
  • New York Bar

Appointments, memberships, prizes

  • Member of COMBAR
  • British Association for Sport and Law

Recent practice

Banking & finance

  • Investors v ANZ: Acting for an extensive group of Chilean and Mexican investors in group litigation bringing a misselling claim against ANZ Bank in London.
  • Calyon & FGIC v IKB: An action brought by FGIC and Calyon against the German Bank in which it is alleged that IKB wrongly diverted profits from one segment of its business to another in order to induce investors to invest in the Rhineland programme and other banks to provide liquidity facilities.
  • Deutsche Bank v APBW: 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 settled in October 2009.
  • Mahonia v WestLB: 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.

Commercial dispute resolution

  • Calyon & FGIC v IKB: An action brought by FGIC and Calyon against the German Bank in which it is alleged that IKB wrongly diverted profits from one segment of its business to another in order to induce investors to invest in the Rhineland programme and other banks to provide liquidity facilities.
  • BDT v John Lewis: An ongoing dispute between John Lewis and a supplier over a travel business contract and tendering process.
  • A Mexican distributor v a Greek publisher: an ongoing claim in respect of the allegedly wrongful termination of a distribution agreement and extensive counterclaims in respect of alleged overcharging, breach of contract and copyright infringement.
  • Ineos v Huntsman: 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: 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: 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: 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.

EU and Competition

  • Sintesi & Ricerca S.p.A v Royal Dutch Shell and others: Acting for 3rd party in respect of the claims for compensation for unlawful agreements and concerted practices infringing Article 81(1) of EC Treaty.
  • Ineos V Huntsman: A large commercial dispute between two chemical companies involving extensive construction issues in respect of numerous agreements and claim that such agreements were in breach of Competition Acts and EU treaties.

Financial services

  • Investors v ANZ: Acting for an extensive group of Chilean and Mexican investors in group litigation bringing a misspelling claim against ANZ Bank in London.
  • Re an investment house: Acting for and advising an investment house in respect of the activities of an allegedly fraudulent broker/employee.
  • Re Zurich: Acting for and advising Zurich in respect of an FSA investigation as to mislaid data.
  • Re Compass: Acting for and advising Compass on alleged wrongful activities for its employees.

Fraud: civil

  • Calyon & FGIC v IKB: An action brought by FGIC and Calyon against the German Bank in which it is alleged that IKB wrongly diverted profits from one segment of its business to another in order to induce investors to invest in the Rhineland programme and other banks to provide liquidity facilities.
  • Markel and QBE v SGC and others: 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. Appeal successfully dismissed.
  • Strive Shipping Corporation v Hellenic Mutual War Risks Association (Bermuda) Ltd, the Grecia Express:
    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.

Insurance

  • Godiva v Travelers: currently acting for the insurers, Travelers, in respect of large aggregation claim arising out of the alleged participation in mortgage fraud of a partner in the firm of Willmett.
  • An insurer v another insurer
    An Arbitration between two insurers as to which insurer was liable for losses falling between two years.
  • Coverage issues: regularly act for insurers in respect of coverage issues in respect of the conduct of directors, solicitors and other professionals.

International arbitration

  • A Mexican distributor v A Greek publisher: An ongoing LCIA arbitration between a Greek publisher and a Mexican distributor relating to the allegedly wrongful termination of a distribution agreement.  
  • An insurer v another: An Arbitration between two insurers as to which insurer was liable for losses falling between two years.
  • Another v A Law Firm: An arbitration between a magic circle firm 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”: 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.

Professional negligence

  • Langsam v Beachcrofts: A 5 week professional action brought a former client against Beachcrofts alleging that Beachcrofts let him settle his claim against his former accountants (Hacker Young) at an undervalue. Judgment of Court of Appeal awaited.
  • Cabvision v Hills and a barrister: A professional negligence action brought by Cabvision against the solicitors and barristers in respect of an unsuccessful action brought by Cabvision against FMS, the arrangers of a tax scheme. 
  • Parker v Freeth cartwright: A professional negligence action brought against Freeth cartwright for allegedly failing to plead appropriate loss and heads of damage in a professional negligence claim against SJ Berwin.
  • Levicom v Linklaters: 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: 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: 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: 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.