David Casement KC FCIArb

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David Casement KC FCIArb is a senior barrister with over thirty years’ experience in chancery and commercial arbitration and litigation.

He is a Fellow of the Chartered Institute of Arbitrators and has acted as an arbitrator in many domestic and international arbitrations over the decades. International arbitration and dispute resolution more generally are now the primary focus of David’s practice.

David’s experience in resolving disputes includes domestic and international arbitrations, regulatory proceedings and disciplinary proceedings. David was also appointed as a part-time judge (Recorder) in 2005, a Queen’s Counsel (now King’s Counsel) in 2008 and a Deputy High Court judge in 2013. David is a member of the Bar of England and Wales, the Bar of Ireland and the Bar of Northern Ireland.

His experience includes company, LLP and partnership disputes advising and representing companies, directors, shareholders, members and partners. David has covered the full range of commercial disputes such as banking, finance and securities and professional negligence. He also specialised in all aspects of insolvency disputes and has acted for office-holders and third parties in corporate and personal insolvency disputes. David also acted for claimants and defendants in commercial fraud disputes and asset tracing across multiple jurisdictions including, tracing illegally acquired assets.

Areas of Expertise

Commercial Litigation

Recent Cases

Al Midani (2013) – Acting for the Trustee in bankruptcy tracing assets in France, Spain and the Middle East.
Access Bank v Akinbola (2011) – Acting for an offshore trustee in proceedings alleging £1 billion fraud on a major Nigerian bank. The case involves alleged breaches of fiduciary duties by the bank’s CEO and other employees and includes asset tracing and litigation across multiple jurisdictions.
McKenna (2010) – Acting for an innocent investor in a fraudulent property scheme seeking to recover multi-million-pound fund misappropriated by a fiduciary
Barclay Pharmaceutical v Waypharm (2010) – Alleged £12 million pharmaceutical fraud with actions in multiple jurisdictions including Switzerland, Belgium, France and Panama.
Davenham Trust v Homegold Limited and Costello (2009) LTL (23 October 2009) – Instructed by a second-tier lender to enforce securities where the issues included analysis of the principal obligor clauses in a guarantee and whether the contractual increase in interest following default was void as a penalty.
CEP v Steni (2009) LTL (15 October 2009) – Instructed for the claimants in respect of the alleged unlawful termination of an exclusive, international distribution agreement. The case raised issues as to the validity of default notices and the obligations under an “all reasonable endeavours clause”.
Pen Associates (Europe) Limited v Cardpoint Services Limited (2008) – Instructed to defend a member of LINK (UK’s national cash interchange network) in respect of a claim for £7 million for breach of contract in the supply of connectivity to the LINK network.
Shaw v API & Others – LTL (11 June 2008) – Successfully defended a claim for alleged breach of confidentiality and fraud brought against members of a management buyout team. The case raised important questions as to the quality of the information that was said to be confidential.
Proform Sports Management Limited v Proactive Sports Management Limited [2007] 1 All ER 542 – An important case concerning the voidability of Wayne Rooney’s contract of representation with an agent and the liability of a third party for inducing breach of a voidable contract. The case is a leading case on minors’ contracts.
C plc v P (Attorney General & Home Secretary Intervening) [2006] Ch 549 – Instructed by P to defend claim to privilege against self-incrimination in the context of a search order in intellectual property proceedings. The case is a landmark decision in respect of the scope of the privilege against self-incrimination and the relationship between precedent under domestic law and the Human Rights Act.
Baybut v Eccle Riggs Country Park Limited (Times, 13 November 2006) – Instructed to defend a class action brought by licensees of a caravan park alleging unlawful early termination of their licences. The case raised important issues regarding the effect of the Unfair Terms in Consumer Contracts Regulations 1999 on implied terms.
Fitzgerald v Robinson (2005) – Instructed by the executrix and beneficiary in a trust case involving fraud and asset tracing in the UK, Isle of Man and Cyprus against a trustee. The case included coordinated actions in different jurisdictions against fiduciaries, banks and corporate service providers – search orders at multiple premises worldwide, freezing injunctions and examinations on affidavits.
Sterling Travel Insurance Liquidation (2003) – Instructed by the liquidator in the alleged “smash and grab” fraud by the director committed just prior to liquidation. The case involved a worldwide freezing injunction, asset tracing and numerous transaction avoidance proceedings.
Union Music Limited v Russell Watson [2003] 1 BCLC 453 – Instructed by Union Music in respect of a claim against Russell Watson for breach of contract. The case raised an important question as to the power of a court to order an extraordinary general meeting of shareholders to consider a resolution where the majority of the board were opposed to such a meeting and resolution.
Union Music Limited v Russell Watson (2002) LTL – Instructed by Union Music in respect of a claim against Russell Watson for breach of contract. The Court of Appeal considered the true nature of a common election in respect of an application to strike out which depended upon an agreement that was said to be voidable.

Civil Fraud

Recent Cases

Access Bank v Akinbola (2011) – Acting for an offshore trustee in proceedings alleging £1 billion fraud on a major Nigerian bank. The case involves alleged breaches of fiduciary duties by the bank’s CEO and other employees and includes asset tracing and litigation across multiple jurisdictions.
McKenna (2010) – Acting for an innocent investor in a fraudulent property scheme seeking to recover multi-million-pound fund misappropriated by a fiduciary.
Barclay Pharmaceutical v Waypharm (2010) – Alleged £12 million pharmaceutical fraud with actions in multiple jurisdictions including Switzerland, Belgium, France and Panama.
Shaw v API & Others – LTL 11 June 2008 – Successfully defended a claim for alleged breach of confidentiality and fraud brought against members of a management buyout team. The case raised important questions as to the quality of the information that was said to be confidential.
Robin Clayton Partnership bankruptcy (2005) – Instructed by the trustee in bankruptcy of three architects to set aside transactions defrauding creditors entered into 20 years prior to bankruptcy. The case involved tracing assets in UK, Saudi Arabia and Spain.
Sterling Travel Insurance Liquidation (2003) – Instructed by the liquidator in the alleged “smash and grab” fraud by the director committed just prior to liquidation. The case involved a worldwide freezing injunction, asset tracing and numerous transaction avoidance proceedings.