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Barrister Profile

DAVID CASEMENT QC

Year of Call: 1992

QC: 2008

Main Areas of Practice

Commercial Law
Company Law
Insolvency
Professional Negligence

Biography

David Casement is a Queen’s Counsel and a Member of the Chartered Institute of Arbitrators specialising in chancery and commercial arbitration and litigation. He is regularly instructed in large-scale disputes involving company, LLP and partnership disputes advising and representing companies, directors, shareholders, members and partners. He covers the full range of commercial litigation and arbitration such as banking, finance and securities, professional negligence, and sports, entertainment and media. He also specialises in all aspects of insolvency litigation and has acted for office-holders and third parties in corporate and personal insolvency disputes. David has acted for claimants and defendants in commercial fraud litigation and asset tracing across multiple jurisdictions. David has also represented trustees and beneficiaries in trust disputes including the liability of trustees and obtaining information regarding assets and the terms of settlements.

Qualifications

David Casement QC graduated from Oxford University in 1991 and qualified as a member of the Bar of England and Wales in 1992, called by the Hon Society of the Middle Temple. He took silk in 2008.

David is also a part time member of the judiciary in England and Wales. He was appointed as a Recorder of the Crown Court in 2005 and the County Court in 2008. In 2011 he was appointed a Deputy High Court Judge of the Queen’s Bench Division and the Chancery Division (Business and Property Courts).

David was called to the Bar in the Republic of Ireland in 1995 and to the Bar of Northern Ireland in 2007.

David Casement is a former Chairman (UK) of the British Irish Commercial Bar Association and of the Northern Circuit Commercial Bar Association.

He is a legal member of the National Anti-Doping Panel, a member of the Sport Resolutions Chairpersons List, a Chairman of The Football Association Regulatory Commission and of the Football Association Appeal Board.

Experience

Clayton Partnership; acting for the Trustee in Bankruptcy in setting aside transactions defrauding creditors.

Stirling liquidation; acting for Joint Liquidators in numerous claims seeking to trace and recover assets following a liquidation including claims against third party recipients and overseas assets.

Re Al Midani; acting for the Trustee in Bankruptcy tracing assets throughout Europe and the Middle East.

Larvin v Phoenix Office Supplies Limited; section 459 (now section 994) proceedings arising out of a quasi partnership [2002] EWHC 591 (Ch), [2002] 2 BCLC 556

Baybutt v Eccle Riggs Times, November 13, 2006; leading case on implied terms and the impact of consumer protection legislation

Profom Sports Management Limtied v Proactive Sports Management Limited [2007] BusLR 93; leading case on the enforceability of and the procuring of the breach of an agency contract with a minor (the Wayne Rooney case)

Shaw v API and others [2008] EWCA Civ 1115; defended a claim for alleged breach of confidentiality and fraud brought against members of a management-buy-out team. The case raised important questions as to the quality of the information that was said to be confidential

Union Music v Rusell Watson; leading case on the doctrine of election and also on the power of the court to order extraordinary meetings of the company [2002] EWCA Civ 680, [2004] BCC 37

Webb v Rothwell; substantial shareholders dispute involving film distribution rights

Bamford v Harvey; important decision in the Companies Court on derivative claims and wrongdoer control [2012] EWHC 2858 (Ch), [2013] BCC 311

Representing New Order, English rock band originally formed in the 1980s, in a dispute brought by a former member by way of a derivative claim, [2015] EWHC 3820 (Ch), [2016] BCC 220

Waldron; section 994 proceedings arising in the context of a family-owned construction company

Wilfried Bony v Kacou and others [2017] EWHC 2146 (Ch); commercial dispute over the obligation to arbitrate in respect of a premier league player raising important issues on the enforceability of arbitration clauses

Walker v Mills [2018] EWHC 998; Commercial dispute raising issues in respect of the equitable assignment, construction and breach of contract.