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David Mumford

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David Mumford QC

Call 2000
Silk 2016

dmumford@maitlandchambers.com

Before taking Silk David was recognised in the directories as a leading junior in commercial and chancery litigation, with recommendations in eight different practice areas. He was the only junior at the Bar to be ranked in the ‘Stars at the Bar’ section of Chambers UK. In 2007 David was featured by the Times as a 'Future Star of the Bar' and in 2012 he was awarded 'Chancery Junior of the Year' at the Chambers Bar Awards. He was shortlisted the following year for ‘Commercial Dispute Resolution Junior of the Year’. In 2014 he was included in the Chambers Bar 100, a listing of the top 100 UK barristers.

David’s practice includes business agreements and general commercial disputes, civil fraud, banking, company and partnership matters (including insolvency), professional negligence, and claims against trustees and other fiduciaries. He is equally at home in the Chancery Division and Commercial Court, has experience as an advocate in the Court of Appeal, and has appeared in domestic and international arbitrations. Much of David’s work has an international aspect, be it jurisdiction challenges or worldwide freezing orders before the English courts, or appearing and advising in offshore jurisdictions such as the BVI (where he has been call to the Bar), Singapore, Hong Kong, Gibraltar, the Cayman Islands and Jersey. In 2005 David successfully represented Roy Ranson, the former Managing Director and Appointed Actuary of Equitable Life, at the trial of Equitable Life v Ernst & Young, Bowley & Ors, the £3.3bn High Court action brought by the Society against its former auditors and board. Other substantial matters in which he has since been involved include the Berezovsky joint venture proceedings, a shareholder dispute concerning Bumi Plc, the long-running Masri v Consolidated Contractors litigation, claims in the administration of Lehman Brothers, several large commercial frauds (including JSC BTA Bank v Ablyazov, Jennington v Assaubayev, Cadogan Petroleum plc v Tolley and Marlwood v Kozeny) and the proceedings arising out of the Buncefield oil terminal explosion.

David is recommended in Chambers UK in the following fields: Chancery: Commercial (Star Individual); Fraud: Civil (Band 1); Commercial Dispute Resolution (Band 1); Banking & Finance (Band 1); Company (Band 2); Offshore (Band 2); Partnership (Band 3); and Art and Cultural Property Law (Band 2).  He is recommended in The Legal 500 for: Fraud: Civil; Commercial Litigation; Banking & Finance; Company & Partnership; and Professional Negligence.  David is also recommended in Chambers Global for Commercial Dispute Resolution; Commercial Chancery Dispute Resolution.

David read Greats at Oxford and completed the Diploma in Law at City University. He was a Mansfield Scholar and then a Denning Scholar of Lincoln’s Inn, winning the Buchanan Prize for 2000. At Bar School he won the Croner CCH Company Law Prize and the Scarman Scholarship, for coming top of his year.

Notable cases

Commercial disputes, business agreements, banking and finance

Lyondell Basell v Shell Petroleum NV: action under an environmental contamination indemnity following the sale of a number of petrochemical facilities.

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3261 (QB): breach of warranty claims concerning the accounting treatment of a debt purchase facility.

Erste Group Bank v JSC VMZ Red October [2013] EWHC 2926 (Comm): conspiracy and s.423 Insolvency Act 1986 claims by an Austrian bank against state-owned Russian steel companies.

Berezovsky v Abramovich, Hine & Ors [2012] EWHC 2463 (Comm): related multi-billion pound claims arising out of an alleged investment joint venture, in which David represented the former fund managers.

Telekom Slovenije v Cosmote: breach of warranty claims relating to the sale of one of Macedonia’s largest mobile telecoms operators.

Masri v Consolidated Contractors International Company SAL [2011] EWHC 1780 (Comm): conspiracy and procurement of breach of contract claims arising out of the alleged non-payment of judgment debts exceeding US$75 million.

Cinnamon European Structured Credit Master Fund v BCP SA [2009] EWHC 3381: jurisdiction challenge and contractual claims in connection with the securitisation of a €1.5bn portfolio of Portuguese mortgages.

In re the Buncefield Incident (2009) 2 Lloyd's Rep 1: claims in the Commercial Court in negligence, nuisance and Rylands v Fletcher arising out of the explosion at the Buncefield oil terminal.

Civil fraud

MWP v Sinclair [2012] EWHC 2560 (Comm): conspiracy and dishonest assistance claims brought against third parties allegedly implicated in the diversion of corporate opportunities from a Kazakh firm concerned in natural resources transactions.

ITS Ltd v Pitt Capital Partners Ltd: claims in conspiracy and dishonest assistance arising out of the alleged fraudulent misapplication of £52 million from certain UK pension schemes.

Jennington International Inc v Assaubayev [2010] EWHC 2351 (Ch): US$500 million fraud action brought by a Russian gold mining conglomerate concerning the sale of a gold mining business in Kazakhstan.

Cadogan Petroleum plc v Tolley: fraud, conspiracy and dishonest assistance claims by a listed petroleum company against its former CEO and others for alleged bribery in connection with transactions in Ukraine.

Fifth Street Owner Corp v Rolin: deceit and restitutionary claims brought by a group of US property holding companies against a property advisor for $46 million worth of allegedly false invoices.

Stirling Mortimer Global Property Fund Ltd v ELS: claims in fraud, contract and dishonest assistance arising out of the misappropriation from a solicitor’s client account of €10 million deposited by a global property investment fund.

Marlwood v Kozeny [2008] EWHC 1538 (Comm): fraud and conspiracy claims advanced by AIG and other investors in respect of a scheme to invest in Azeri privatisation options.

TIC v Dewse [2004] EWHC 3094 (QB): High Court trial of a commercial fraud in connection with a compliance consultancy business

Company, partnership and insolvency

BAT v Windward and Sequana: multi-million Euro claim to claw back allegedly unlawful dividend distributions in order to satisfy potential indemnity liabilities arising out of environmental contamination in the US.

Re Northacre plc: derivative proceedings for breach of directors’ duties concerning a consultancy agreement entered into by an AIM-listed property development company.

Rothschild v Bumi Plc: unfair prejudice proceedings involving the well-known financier and the FTSE-listed mining conglomerate.

Boghani v Nathoo [2011] 2 BCLC 704: dissolution action concerning a branded hotel development partnership, with a leading decision on the application of s.38 of the Partnership Act 1890.

Parry v Debt Free Direct Limited (HHJ Hodge QC, 28.04.2010): shareholder dispute concerning the proper construction of an “anti-embarrassment” clause.

Heron Quays v Administrators of Lehman Brothers Ltd: dispute in the administration of Lehman Brothers as to the administrators’ liability to pay rent for the bank’s flagship Canary Wharf office.

Moher v Ashley: unfair prejudice and constructive trust claims in connection with the exploitation by Mike Ashley of the Lonsdale brand of sportswear.

In re Baltic Partners Limited: unfair prejudice and derivative claims in the Royal Court of Jersey relating to investments in certain German properties.

Professional negligence

AngloStarlite v NCMF: audit and actuarial negligence claims in Hong Kong for in excess of HK$1 billion arising out of the collapse of a motor insurer.

Makar v PricewaterhouseCoopers [2011] EWHC 3835 (Comm): striking out of an audit negligence claim by a director on the grounds of lack of a duty of care.

Scottish & Newcastle plc v PricewaterhouseCoopers: professional negligence claim in relation to management consultancy advice given on the restructuring of the S&N distribution network.

Finlan v Eyton Morris Winfield (a firm) [2007] 4 All ER 143: professional negligence claim against corporate finance advisers and solicitors in connection with a management buy-in.

Equitable Life v Ernst & Young, Bowley & ors [2005] EWHC 722 (Comm): 6-month Commercial Court trial of the Equitable Life’s £3.3bn professional negligence and breach of directors’ duties claim against its former auditors, Appointed Actuary and Board.

Trustees and other fiduciaries

Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd: claims to recover the proceeds of loans made by the Icelandic bank Kaupthing to trust companies holding investments associated with the Tchenguiz brothers.

In re St Paul’s Trust: claims arising out of trust investments in New York derivative instruments that ceased trading following the 2008 banking collapse.

Gregson v HAE Trustees [2008] 2 BCLC 542: leading case on the availability of a “dog-leg” claim by beneficiaries of a trust directly against the directors of the trustee company.

In re the Phi Settlement: proceedings seeking Court sanction for the division of a substantial Jersey trust.

In re Internine and Intertraders Trusts: breach of trust proceedings in the Royal Court of Jersey relating to certain Saudi family trusts.

Memberships
Chancery Bar Association and COMBAR

Qualifications
MA (Oxon) First Class

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Testimonials

Chambers UK, 2018

Banking and Finance
"Has an amazing breadth of knowledge, is extremely clever and is an excellent advocate." "He's very strong analytically and very good in court." (2018)
Chancery: Commercial
"Intellectually on a level above most people in this game." "In ten years' time, he'll be at the very pinnacle of the profession. He's a clever man, and his written work is so beautifully written it's incredible." (2018)
Commercial Dispute Resolution
"Has a strong eye for detail coupled with an excellent view on strategy." "Able to deal with the most complex cases, he has terrific client and courtroom skills." (2018)
Fraud: Civil
"A relatively young silk but he is brilliant. One of the finest minds at the Bar at the moment." "Superb analysis." (2018)
Company
"A lawyer with an outstanding legal mind, who is a very impressive strategist. On his feet, he is unflappable and very authoritative." (2018)
Partnership
"His eye-wateringly quick reaction time and thoughtful, intelligent and strategic approach make him a dream to work with." (2018)
Art & Cultural Property Law
"He is brilliant at everything he turns his hand to." "Great at getting to the heart of issues when handling big complex matters and also great with the clients. He tells them things in a way they can understand rather than blinding them with technical analysis." (2018)

Chambers UK, 2017

Chancery: Commercial
"He is just superb and it is unsurprising that he has taken silk - he is going to be a fantastic QC." "Extraordinary." (2017)
Commercial Dispute Resolution
"Has a strong eye for detail coupled with an excellent strategic mind." "He is extremely bright, client-friendly and approachable." (2017)
Fraud: Civil
"He's very calm and authoritative." "He is a first-rate advocate whose written work is turned around with amazing speed." (2017)
Company
"Very clear and efficient." "Hugely effective, he's no-nonsense and cuts through to the chase." (2017)
Partnership
"Very pragmatic, practical and unflappable, and always in charge of the brief." (2017)
Offshore
"He can take something very complicated and make it seem straightforward - he is great at getting to the heart of big, complex matters." (2017)
Art & Cultural Property Law
"He is a first-rate advocate and his written work is turned around with amazing speed." (2017)

Legal 500, 2017

Banking and Finance
"He is great to work with and always has time to consider your ideas." (2017)
Commercial Litigation
"A smart advocate and tactician with a disarming style." (2017)
Company and Partnership
"He is responsive and unerringly accurate in the quality of his advice." (2017)
Fraud:Civil
"He provides sensible, pragmatic advice based on a detailed appreciation of the case." (2017)
Professional Negligence
"Thorough and very able." (2017)

Chambers UK, 2016

Star at the Bar

David Mumford is one of the Bar of England and Wales’ leading juniors. Sources laud his “excellent judgement, versatility and brilliant intellect” and praise him as “a very measured and effective advocate who knows the points to take.” He is the stand-out junior counsel at the commercial chancery Bar and sources are also quick to highlight his expertise in relation to banking and finance, general commercial and civil fraud disputes. He is a junior of choice for almost any high-profile case, and was recently instructed in BAT v Sequana, a claim for USD800 million to recover allegedly unlawful dividend payments. Market commentators struggle to find superlatives to do justice to this “extremely clever and excellent advocate with an amazing breadth of knowledge,” who is acknowledged as “the match of many silks.”

Commercial Dispute Resolution
"Undoubtedly a rising star, he is able to deal with the most complex cases and has terrific client and courtroom skills." (2016)
Chancery: Commercial
"A pleasure to work with. He has a good style of advocacy - he's quiet and measured, and just makes good points." (2016)
Fraud: Civil
"Calm under pressure and confident on the law." "He is very bright and very nice to work with." (2016)
Banking & Finance

"His written work is absolutely of the highest order. He's also a very measured and clever advocate who knows the points to take and is very adept at identifying the right style for the tribunal he's in front of."

"He was an impressive performer. He was up against some quite senior silks and acquitted himself very well." (2016)

Company
"He impressed with his tenacity and ability to argue a number of difficult points." (2016)
Partnership
"Surely going to take silk - he knows the law, he knows the facts and he's good at cross-examination." (2016)
Offshore
"He is so bright and is excellent at putting written work together. He works incredibly fast and efficiently." (2016)

Legal 500 UK, 2016

Banking & Finance
"Very astute and perceptive, and his transition to silk was fully justified." (2016)
Company & Partnership
"Nothing escapes him; he’s always ahead and has been doing silk-quality work for years." (2016)
Commercial Litigation
"He is extremely clever and sees all the angles." (2016)
Professional Negligence
"Gives confident and clear advice." (2016)

Chambers UK, 2015

Star at the Bar

“Undoubtedly a rising star,” David Mumford continues to be rightfully touted as one of the Bar’s most impressive juniors, described by one observer as a “silk in junior’s clothing.” His approachable manner is identified as one of his many assets, with observers noting that “clients can’t be in safer hands.” His outstanding skill in the courtroom has also won him numerous admirers; he is marked out for his “excellent judgement and brilliant intellect,” and described as “very clever and analytical” in his approach. His Chancery Commercial practice attracts myriad accolades, and he can be seen in some of the biggest cases both at home and abroad.... He is hugely popular with instructing solicitors, who say he is a “first-rate advocate whose written work is turned around with amazing speed,” and “a match for many silks.”

Commercial Dispute Resolution

"He clearly has a broad and deep knowledge of commercial law and is able to apply it in an impressive and structured way."

"A leading commercial chancery junior."

"Consistently tipped as "a rising star" by market commentators."

"He is a favourite of instructing solicitors and senior barristers."

"Very clever and analytical, he has excellent judgement and a calm manner."

"Extremely bright, client-friendly and approachable." (2015)

Chancery: Commercial

"A standout junior for commercial disputes both domestically and in offshore jurisdictions."

"Clients can't be in safer hands."

"He has excellent judgement and a brilliant intellect." (2015)

Fraud: Civil

"First-rate advocate whose written work is turned around with amazing speed."

"A very good draftsman and a very good all-round advocate." (2015)

Banking & Finance

"Highly regarded junior who frequently appears as sole advocate for banks facing well-reputed silks in the field."

"He has an amazing breadth of knowledge. He's extremely clever and an excellent advocate. He is a match for many silks and a junior barrister to watch."

"He seems very capable and is very impressive." (2015)

Company

"A top-notch junior who has developed an excellent reputation for company work."

"Sources are quick to praise his excellent legal mind."

"Really cool, calm and collected. He's an extremely thorough and really steely sort of guy. Very approachable to the client, but a man of steel to the opposition." (2015)

Partnership

"A dynamic junior who has been involved in a number of high-profile partnership cases."

"Clear, simple and persuasive in his advice." (2015)

Offshore
"He is obviously very bright. He provides very clear advice, even on difficult technical legal issues." (2015)

Chambers UK, 2014

Star at the Bar

"A colossus of a barrister,” David Mumford is at present perhaps the most acclaimed junior at London’s Commercial Bar. He has advised on many of the biggest commercial, chancery, banking and fraud cases of recent years, and has a growing reputation for his offshore work. London’s best solicitors are not in doubt: “He has excellent judgement and a brilliant intellect,” and is “an industrious, well-prepared and talented junior,” who exhibits a degree of judgement which greatly exceeds his years of call. “He has an amazing breadth of knowledge, and is an extremely clever advocate.” Of late he has attracted note for his roles in Masri v CCC and Berezovsky v Hine. He also acted on behalf of the wife of a high-profile Kazakh business-man in a matter arising from the BTA Bank fraud litigation. “He’s a thoroughly nice guy and one of the brightest people I have ever met,” one interviewee stated."

Commercial Dispute Resolution

"Rapidly scaling the rankings due to his ability to take on big-value commercial disputes, often unled."

"His numerous High Court appearances have cemented his reputation for excellent advocacy."

"Extremely bright, he's client-friendly and approachable." (2014)

Chancery: Commercial

"Highly regarded for all aspects of commercial chancery litigation."

"He's a leading junior of the Chancery Bar, whose input is regularly sought out for the most high-profile and complex cases."

"He has excellent judgement and a brilliant intellect."

"He's a thoroughly nice guy and one of the brightest people I have ever met." (2014)

Banking & Finance

"A prominent junior in the banking sphere, he continues to receive excellent instructions on market-leading matters."

"An industrious, well-prepared and talented junior"

"He has an breadth of knowledge, and is an extremely clever advocate." (2014)

Company

"Has a good reputation for his advice on substantial company and commercial cases. Sources acclaim his incisive approach."

"He is very thorough and user-friendly, and has good judgement." (2014)

Partnership

"Leading junior who wins widespread admiration for his strong technical knowledge and thorough strategic ability when tackling partnership law cases."

"David is a future star who is extremely bright and very commercial."

"One of the best, he works seamlessly as part of a team." (2014)

Offshore
"He is good on his feet and on paper, has a great reputation and is very hard-working. He is seen as a rising star." (2014)

Legal 500 UK, 2014

Banking & Finance
"Very clear thinking and great at identifying the winning points". (2014)
Company & Partnership
"Great at identifying the winning points and an effective reader of the judge." (2014)
Commercial Litigation
"A really strong, indefatigable lawyer, who is academic but also commercial." (2014)
Fraud: Civil
"Easy to work with and very clear; he easily relates to clients."

"Highly recommended by clients." (2014)

Chambers 100 UK

"An excellent technical lawyer who is able to deliver very clear commercial advice, and is particularly adept at finding practical solutions to very complex problems."

A selection of older recommendations

Chambers UK, 2010 - 2013

Commercial Dispute Resolution

"The match of many silks" "an extremely clever advocate" "phenomenal technical expertise and ability to assimilate vast amounts of material." (2013)

"Quietly effective, smooth operator" of enormous intelligence who has a "client-friendly" style. (2012)

"Star junior David Mumford combines a tremendous intellect with understated and tremendously effective advocacy." (2011)

"An expert at pulling rabbits out of the hat in court." “he eschews superfluous information and lets the points of a case speak for themselves." (2010)

Chancery: Commercial

"People only use superlatives when they talk about him - he is intensely brainy." (2013)

"Great for banking and finance disputes," "robust, tactical advocate," peers think of him as "bright, on the ball and an always charming opponent." "Quiet, understated style," "the ear of the judge." (2012)

"The type of barrister who just won't let you down" "He is a very sensible, safe pair of hands who can be relied upon to avoid the reckless strategies that can bring down a sensitive case." (2011)

"In David Mumford, Maitland Chambers has found an absolute diamond.” “Amongst the best value for money chancery juniors that you will find.” (2010)

Fraud: Civil

"Calm, unflappable and very steady…with a dedicated following.” (2013)

"Pleasingly attentive and responsive service," (2012)

"Commercial, highly personable and capable of working with anybody" "He is a real solicitor favourite." (2011)

Banking & Finance

"Amazing breadth of knowledge" "extremely clever, excellent advocacy." (2013)

"Smooth operator." (2012)

"Industrious, well-prepared and talented junior." (2011)

"Incisive intellect, industrious work ethic and attention to detail." (2010)

Company

“Someone with a very bright future ahead of him.” (2013)

"A very accomplished practitioner," (2012)

"Exceptional." "He stands out for being personable with clients as well as technically excellent." "In every way he's at the top of his game." (2011)

"An immensely talented junior who is an absolute diamond." "Frighteningly clever but very down to earth." "Practises way beyond his call." (2010)

Legal 500 UK, 2010 - 2013

Banking & Finance

"industrious, well-prepared and talented" "one of the rising stars of the junior Bar." (2013)

"Excels as an advocate and adviser in bet-the-bank type cases." (2012)

Company & Partnership

"Combines technical excellence with good strategic thinking and unusually good client skills for a junior barrister" (2013)

"Bright, clear, practical and easy to work with" (2012)

"Absolutely excellent" "Extremely responsive, and his advice is always sound." (2011)

Commercial Litigation

"Combines technical excellence with good strategic thinking and good client skills" (2013)

"Holds the attention of the court when he speaks" (2010)