David was Chambers and Partners UK Employment Silk of the year in 2014 and nominated for UK Employment Silk of the year for 2021.
Legal 500 UK Employment Silk of the Year in 2015 and shortlisted by Legal 500 for Employment Silk of the Year in 2016 and 2017.
David has appeared in numerous leading decisions in the field and appears in over 60 reported cases in the Industrial Relations Law Reports.
David has appeared as an advocate at all levels from Tribunal to the Supreme Court and before the CJEU.
Amongst the leading authorities in which he has appeared are: Mencap v Tomlinson-Blake (SC), Hounga v Allen (SC), Efobi v Royal Mail Group (SC), Barton v Investec (EAT), NUM v UK Coal (EAT), Brennan v Sunderland (CA), Rhys-Harper v Relaxion (HofL), Rutherford v Harvest Town Circle (EAT), Foley v Post Office (CA), Chesterton’s v Nurmohamed (CA).
He successfully acted for the employers before the CJEU in the collective redundancy case arising out of the collapse of Woolworths, USDAW v WW Realisation Ltd and Lyttle v Bluebird (CJEU).
Those authorities embrace the full spectrum of UK Employment Law.
He has wide experience of the interrelationship between insolvency and collective redundancy having acted in, amongst others, the insolvencies of Comet and Phones4You and presently in the litigation concerning Carillion. He also acts for the administrator in the criminal prosecution for failure to serve a HR1 form timeously, R v Falsey and Palmer (2021)(Div Court)
David has particular experience of urgent injunctive relief, including search orders, freezing orders and anti-suit injunctions. He has appeared in a number of leading cases in the field including Ashcroft v National Theatre (interim specific performance) QBE v Dymoke (springboard injunctions)(HC), TFS Derivatives v Morgan (restrictive covenants)(HC), Pennwell v Ornstein (confidential data and database misuse) (HC) and Standard Life v Gorman (garden leave injunctions) (CA).
David has experience of class action litigation, in particular equal pay litigation. His extensive experience of Equal Pay Litigation includes acting both on public sector and private sector claims. He is presently instructed in the litigation involving UK Supermarkets.
David has experience of confidentiality and privacy issues in the context of hearings recently having successfully resisted an appeal by The Times against a privacy order, A v X ( EAT).
David has extensive experience of TUPE and collective redundancy claims; his appellant cases include Kavanagh v Crystal Palace. (CA), Solectron v Roper (EAT), Ferguson v Astrea Asset Management (EAT), SNR Denton v Kirwin (EAT) and CWU v Royal Mail (CA).
He has acted in many protected disclosure cases including in the Court of Appeal in the cases of Day v HEE(CA), Simpson v Cantor Fitzgerald (CA) and Chestertons v Nurmohamed (CA).
His practice includes collective labour law issues, acting for both Trade Unions and employers. He acted for British Airways before the Court of Appeal in the industrial action by its’ cabin crew. His collective work has included advising and acting on recognition issues and in cases involving the restraint of industrial action. He successfully judicially reviewed the CAC on its recognition decision against Boots PLC and defended that review in the Court of Appeal. He has appeared on other collective issues including issues related to domestic and European Works Councils. He acted for Uber in the litigation on the status of drivers and has advised and acted for others in the sector.
He has experience of pension and share option claims and has advised various companies on the pension and employment issues arising out of changes to final salary pension schemes. He has successfully judicially reviewed the Pensions Regulator on the issue of the transnational application of auto enrolment, R v Pensions Regulator (HC), and has experience of arguing cross border and jurisdiction issues, Walker v Wallem Shipmanagement Ltd (EAT).