Home > Barristers > David Lord QC

David Lord QC

e-mail dlord@3sb.law.co.uk

David's practice comprises Chancery and commercial Litigation with a particular emphasis on Insurance and Reinsurance, Company and Insolvency and Media and Entertainment.

A lot of his work has an international element and he is currently involved in cases in the Caribbean and the Far East.

David was heavily involved in the Lloyd’s litigation in the 1990s acting on behalf of the Names. He then became involved in the arbitrations that arose following the personal accident spiral and is currently involved in a number of High Court actions and arbitrations representing Lloyd’s syndicates, corporate insurers and reinsurers and brokers.

David was involved in the litigation that arose in relation to British & Commonwealth, Maxwell and Barings.

He currently acts for the reinsurers of T&N Limited, which has been the subject of complicated insolvency proceedings both here and in the USA.

He also currently acts for Mr Cherney in relation to his oligarch dispute with Mr Deripaska and for Prince Jefri in relation to his long running dispute with the Brunei Investment Agency.

During the past year David has acted in arbitrations in London and abroad concerning viatical insurance policies, a Romanian Bank, a Nigerian telephone business and a steel mill in Malaysia.

David has also acted for a number of high profile sports stars, musicians and actors as well as corporate entities involved in the media and entertainment industry.

  • Professional reputation

    David is recommended as a leading junior in insurance and reinsurance in the Legal 500 2008, and listed for insurance and commercial dispute resolution in Chambers & Partners 2008.

  • Notable recent cases

    David’s recent cases include:

    • Aspen Insurance UL Ltd and Others v Pectel Ltd.  A trial in which it was held that a condition requiring immediate written notice of any occurrence which might give rise to an indemnity, taken with a further condition that the insurers’ liability was conditional on the observance of the terms and conditions of the insurance, was a condition precedent to liability under the policy.
    • Aspinall’s Club Ltd v Fouad Al-Zayat [2008] EWHC 2101.  The trial of proceedings in which  Mr Al-Zayat successfully defended the Club’s claim to a £2 million gambling debt on the basis that the Club had unlawfully extended credit to Mr Al-Zayat when it agreed to allow him one year in which to repay the debt.
    • Cherney v Deripaska [2008] EWHC 1530.  An application for permission to serve out of the jurisdiction in proceedings between Russian oligarchs in which the Judge concluded that there was a risk that Mr Cherney would not receive a fair trial in Russia.
    • Michael Wilson & Partners Ltd v Hakkisan finance Corp Ltd and Myrzaly Ltd BVIHCV2006/0307.  Substantial litigation in the BVI that has resulted in 2 judgments delivered on 31st July 2008 and 7th August 2008 concerning applications for compliance with requests for information from a receiver and to discharge receivership orders and freezing orders and strike out of the claims.
    • His Royal Highness Prince Jefri Bolkiah v The State of Brunei Darrussalam and Anr [2007] UKPC 62.  The Privy Council decided that the Chief Justice of Brunei was correct not to recuse himself from hearing the proceedings and there were no grounds for granting a stay on the basis that there could not be a fair hearing of the application to enforce the Settlement Agreement.
    • His Royal Highness Prince Jefri Bolkiah v The State of Brunei Darrussalam and Anr [2007] UKPC 63.  The Privy Council decided that Prince Jefri had no reasonably arguable defence to the claim by the Brunei Investment Agency to enforce a Settlement Agreement reached on 12 May 2000.
    • Aspinall's Club Ltd v Fouad Al-Zayat [2007] EWCA 1001.  The Court of Appeal allowed the appeal of Mr Al-Zayat and held that on a proper analysis of the provisions of section 16 Gaming Act 1968 Mr Al-Zayat had defences with reasonable prospects of success and summary judgment should not have been entered against him.
    • Anglo American Insurance Co v Lloyd's Syndicates [2007] EWHC (Comm).  An appeal from an arbitration award concerning aggregation of defence costs and liability claims.
    • Amedeo Hotels Ltd Partnership & Ors v Zaman & Ors [2007] EWHC (Comm) 295.  An application to discharge a worldwide freezing order made pursuant to section 25 Civil Jurisdiction and Judgments Act 1982 on the grounds of material non-disclosure.
    • Konkola Copper Mines & Anr v Coromin Ltd & Anr [2006] EWCA Civ 5.  An appeal from the refusal to grant a stay of proceedings against Reinsurers on jurisdictional and case management grounds.
    • Freakley & Ors v Centre Re & Anr [2006] 1 WLR 2863.  An appeal to the House of Lords concerning whether claims handling costs amounted to administration expenses.
    • Centre Re and Munich Re v Curzon Insurance Ltd [2005] EWCA Civ 115.  An appeal to the Court of Appeal concerning the construction of an insurance and a reinsurance policy and the Third Party (Rights Against Insurers) Act 1930.
    • British Horseracing Board v Victor Chandler International Ltd [2005] EWHC 1074.  An action concerning the supply of horseracing data to the BHB, through the Press Association to bookmakers.
    • Royal and Sun Alliance Insurance Plc v Dornoch Ltd & Ors [2004] EWHC 803.  An action concerning the construction of a claims control clause in a reinsurance policy.
    • Feasey v Sun Life & Phoenix, Steamship Mutual v Feasey [2003] EWCA Civ.  An avoidance action which also involved consideration of the Life Assurance Act 1774 and insurable interests generally.
    • Chandler v Buffham [2002] EWHC 142.  An action whereby Victor Chandler (the bookmaker) attempted to prevent the use of confidential letters in a Panorama programme.
    • Akinola v Heath [2002] EWHC 2062 (Ch).  An action to determine who owned the copyright in the highly successful dance song "The Key, The Secret".

  • Professional membership

    • Chancery Bar Association
    • COMBAR
    • Called to the Bar of the British Virgin Islands

  • Education

    David read Law at Bristol before coming to the Bar.

  • Seminars and lectures

    David lectures on all aspects of his practice both in Chambers and at venues around England and Wales (including his solicitors’ offices) and abroad. Recent talks include:

    • 3 Stone Buildings British Virgin Islands Seminar: Norwich Pharmacal Orders