David Reade KC

David has extensive Commercial litigation experience (including issues related to banking, financial services, insolvency and consumer credit). That experience embraces litigation in the Courts and in Arbitrations. He has experience of litigating issues embracing English Law and that of other jurisdictions, for example he has acted in claims in the Cayman Islands and BVI.

His experience includes freezing, search, imaging and confidential information orders.

He has particular experience in litigating company law issues, particularly those associated with minority shareholder oppression, director’s duties and wider fiduciary duties. He has acted in partnership disputes, including limited liability partnerships. He has acted against and advised a number of leading law and accountancy firms on partnership issues. He acted for a former director and minority shareholder in Cardiff City Football Club in Isaac v Tan (HC) involving contested issues of expert valuation and alleged minority oppression.

David has particular experience of banking litigation. This including acting on LIBOR disputes and disputes involving the sale of complex derivative and interest swap products. David acted for the Claimants in Hockin v RBS (HC) one of the largest miss-sold derivative claims and in Standish v The Royal Bank of Scotland (HC). David has also acted for major clearing banks on banking disputes.

He additionally has experience of commercial property based litigation, successfully appearing in 2017 before the Supreme Court on an appeal on the correct basis for the assessment of business rates, Newbigin (valuation officer) v SJ J Monk (SC).

David has particular experience of claims in the civil courts in connection with allegations over alleged discrimination in the supply of goods and services, in particular he has acted in connection with civil claims in connection with the supply of banking services, professional services and in Davda v The Institute and Faculty of Actuaries (CA) on access to professional qualifications.

He successfully defending claims against a private members club, a company limited by guarantee, in Mok v Lansdowne Club over allegations relating to the alleged breach of implied fetters on contractual powers of expulsion.

Partnership: His work in this field includes extensive experience of partnership disputes and LLP disputes, including LPs in the private equity sector (including carried interest disputes). He has acted on these issues in the civil courts, in private arbitrations and before the Employment Tribunals on those matters for which it has jurisdiction over partners.

He successfully appeared in EAT in Anglian Windows v Webb on the status of a partner.

It is in the nature of his work in this field, particularly that involving arbitrations, that it is confidential. Much of his work has been for professional partnerships including law firms.

David was Chambers and Partners UK Employment Silk of the year in 2014 and nominated for UK Employment Silk of the year for 2021.

He was 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 70 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. He has appeared before Supreme Court five times.

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), Nexus v RMT (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). Kocur v Angard Staffing Solutions (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, Phones4You and in the litigation arising out of the collapse of Carillion. He also successfully acted before the Supreme Court for the administrator in the criminal prosecution for failure to serve a HR1 form timeously, R v Falsey and Palmer (2021) having acted at every level from the Magistrates Court to the Supreme 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). X-R Touring LLP v Javor ( post termination accounting claims)(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 having acted for Tesco, Morrisons and the Co-Op.

David has experience of confidentiality and privacy issues in the context of hearings 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 advised extensively on National Minimum Wage and Holiday Pay issues including appearing before the Supreme Court in Mencap v Tomlinson-Blake on the issue of “sleep overs” and NMW.

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).

David has extensive experience of TUPE and is one of the co-authors of the Transfer of Undertakings (Sweet and Maxwell).

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).

David has acted and advised on many pension issues. He has successfully acted on claims both for and against Companies alleging “golden promise” pension arrangements, for example in Minter v Julius Baer.

He has advised and acted in claims based upon the proper construction of pension deeds, for example before the Court of Appeal on issues arising out of the Mirror Group pension scheme. He is able to bring his employment and commercial experience together to bridge the gap that can exist between pure pension issues and employment disputes. His broad legal experience includes acting on contentious trust issues.

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).

He has particular experience of the impact of TUPE on pensions and has acted in a number of cases involving “Beckmann” issues under pension schemes post transfer.

David has acted in many industrial disputes, both for employers and unions. He appeared for BA in the Court of Appeal in its injunction application against Unite to prevent industrial action by its cabin crew. He succeeded at first instance in a decision overturned by a majority in the Court of Appeal the following day. He acted for Warrington Borough Council against Unite in its application for injunctive relief to restrain continuing industrial action.

He is able to act with speed and efficiency in seeking or resisting injunctive relief. His approachable and pragmatic nature means that he is committed to working as part of a team in a field where team work is critical to success.

He is one of the co-authors of “The Law of Industrial Action and Trade Union Recognition” (3rd Edition 2019) OUP and has acted and advised in many trade union recognition cases and is experienced at conducting cases before the CAC.

He successfully judicially reviewed the CAC on its recognition decision against Boots PLC and defended that review in the Court of Appeal.

He appeared for Nexus in the Supreme Court in Nexus v RMT on the issue of the rectification of collective agreements.

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.

David has wide experience of sport litigation and advisory work, including FA tribunals and agent and player disputes. His work includes acting for Jess Varnish in her claims against British Cycling, acting for Sunderland FC in the defence of commission claims by a former director and advising the club on various football issues. Acting for Aston Villa in the defence of a claim. He acted for Bristol RFC in connection with the recruitment by the RFU of Steve Borthwick and has advised in connection rugby disciplinary issues. He acted for a former director and minority shareholder in Cardiff City Football Club in Isaac v Tan (HC) involving contested issues of expert valuation of a football club and alleged minority oppression.

He has experience of acting in FA arbitrations.

He sits as a member of the FA legal panel Chairing appeals.

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). X-R Touring LLP v Javor ( post termination accounting claims)(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 having acted for Tesco, Morrisons and the Co-Op.

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). Morretti v Leone (HC) on restrictions on access to pleadings.

David has extensive experience of acting as a mediator, having conducted mediations since 2006. He has consistently achieved a hight level of success in a wide variety of mediations including those with multiple parties and unrepresented parties.

David has acted in both domestic and international arbitrations.

David has advised and acted in International and offshore disputes in particular in Cayman, BVI and Hong Kong. He has acted in anti suit injunctions and on various issues on the cross border application of law.

He has also acted in proceedings and challenges to the decisions of international arbitral tribunals.

David has successfully acted in judicial reviews both for Applicants and interested parties. He has successfully reviewed decisions of the Pensions Regulator and of the CAC. He has acted in other challenges to the decisions of professional bodies including sporting bodies.

Human rights issues have formed an intrinsic part of his work.

IBA

COMBAR

ELA

ELBA

The Law of Industrial Action and Trade Union Recognition (OUP) ( co-author)

Blackstone’s Employment Law (OUP)( co-author)

Butterworths Employment Handbook (co-editor)

Transfer of Undertakings (Sweet and Maxwell) (contributor)