David has practiced at Monckton Chambers as a tenant since 2015, following completion of pupillage.
He acts in a number of Chamber’s main specializations: competition and commercial regulation, EU, commercial law, public law and human rights. He has acted at all levels of the judicial system including the High Court, Competition Appeals Tribunal, Court of Appeal and the Supreme Court in the Article 50 case.
Prior to coming to the bar, David read Classics at Magdalen College, Oxford, obtaining the highest First in the University. David also scored the highest marks on the Graduate Diploma in Law (shared) and the Bar Professional Training Course at City Law School.
Competition and regulatory law
David practices in the field of competition and associated regulatory law before the High Court and Competition Appeals Tribunal.
He is currently acting for a defendant OEM in a number of follow-on damages claims relating to the EU Commission’s Trucks decision before the Competition Appeals Tribunal.
David has provided advice to a range of clients on their rights and responsibilities under Competition Law including:
- Advice on compliance with Article 101 TFEU
- Advice on bringing actions for abuse of dominance
- Advice on the duties of public bodies under Article 106 TFEU
During pupillage, David also assisted in advising leading telecoms and electricity providers on bringing challenges against industry regulators. He also assisted in follow-on damages actions on both the claimant and defendant sides.
David also updated the chapter on Competition Rules and Acts of Member States for the forthcoming 8th edition of Bellamy and Child (to be published in December 2018).
David’s experience of telecoms regulation litigation includes:
- British Telecommunications v Office of Communications (BCMR)  CAT 25 – acted for BT in a successful challenge to Ofcom’s determination of Market Definition in the Business Connectivity market.
- R. (on the application of British Telecommunications Plc) v Office of Communications  EWHC 3376 (Admin) – acted for BT in challenge to regulation of auction of 2.3 and 3.4 GHz mobile spectrum.
Public, EU, human rights
David has acted and advised on a number of public procurement challenges and cases involving compatibility of HMRC taxation decisions with public law principles.
During pupillage, David assisted Gerry Facenna QC in:
- Ordanduu & Optimus Mobile v Phonepay Plus Ltd a successful damages action brought against the regulator for premium rate services for breach of the Electronic Services Directive;
- Hampshire v The Board of the Pension Protection Fund a claim to enforce European obligations to safeguard the pensions of company employee.
During pupillage, David volunteered at Leigh Day Solicitors, assisting their Human Rights team.
Notable cases include:
- R (on the application of Miller and another) v Secretary of State for Exiting the European Union  UKSC 5 – acted for the People’s Challenge, interested parties, in the Secretary of State’s appeal to the Supreme Court in the Article 50 case
- Miah, R (On the Application Of) v The Independent Police Complaints Commission & Anor  EWCA Civ 2108 (Admin) – acted for the Claimant with Stephen Cragg QC, successfully overturning first instance decision.
David has acted in a number of airline delayed flight compensation claims as well as claims brought for breach of data protection rights against parking companies.
- Cunningham v Ellis & Ors  EWHC 3188 (Comm) (30 November 2018) – – successfully securing the early dismissal of a £39m Commercial Court fraud and conspiracy claim against three former directors of a company.
David has been instructed in relation to indirect tax cases pending before both the First Tier Tribunal and the Administrative Court.
During pupillage, David also worked on a range of VAT and indirect tax issues including:
- The definition of taxable services
- Missing trader fraud
- State Aid in relation to indirect taxes
- The application of the Lennartz Mechanism
BA in Classics, Magdalen College, Oxford, First Class Honours, First in year
GDL, City Law School, Distinction, First in year (joint)
BPTC, City Law School, Outstanding, First in year, scoring one of highest ever marks.
David is a member of the Bar European Group.
David has been awarded a range of scholarships including: Phoenicia Scholarship, Bar European Group; Senior Scarman Scholarship, City Law School; Beddingfield Scholarship, Gray’s Inn; Anne Shaw Scholarship, Magdalen College, Oxford in addition to winning many academic prizes. He previously enjoyed an international debating career.
David has a good understanding of French.