David Phillips QC

Practice

Although he provides general advice in a variety of non-contentious matters David is best known in the field of commercial litigation/dispute resolution, where he is recommended as a leader in his field by both Chambers Directory and Legal 500. David sees the objective of litigation as being to secure for the client the most advantageous result in the least costly and least time consuming way possible. This is recognised by Chambers Directory who comment that David 'attracts praise for bringing potentially damaging proceedings to a swift conclusion out of the public eye'. David is proud that some of his most successful work will never be in the public domain. David recognises the importance of team work and of dealing with the work efficiently in a relaxed manner, which is also recognised in an earlier edition of Chambers Directory that described David as a 'barrister who doesn’t make a song and dance about things but just gets them done'.

Commercial and general litigation
David’s practice encompasses all aspects of commercial and general litigation both in the United Kingdom and abroad (Gibraltar, Switzerland, Monaco, and the Caribbean). In the United Kingdom David is well known for his work in the fields of sport and of road transport regulation – both of which he sees as being no more than examples of commercial litigation. In recent years David has represented (in the UK and before the Court for Arbitration in Sport in Switzerland) a number of football clubs (Chelsea, Fulham, Middlesbrough, Leeds, Barnsley, Rotherham and Halifax) in a wide range of commercial, regulatory and employment matters. David represented Leeds in its challenge to the Football League’s decision to deduct 15 points; and the Renault Formula 1 team in its dispute with McLaren before the World Motor Sport Council. He continues to be involved in major road transport issues (both regulatory and litigation), including all aspects of European legislation. He is and has recently been heavily engaged in three actions in the Caribbean, representing Bahamasair (in the Bahamas), the Cap Juluca resort (in Anguilla & St Lucia) and the Government of theTurks & Caicos Islands (in the Turks & Caicos). Other areas of David’s expertise range across the general commercial field, including property, financial and professional indemnity matters.

Sports Law
David's work in the field of Sports Law includes: Halifax Town v The Football Conference (2008) (the dispute arising out of Halifax’s insolvency); Leeds United v The Football League (2008) (the 15 point deduction litigation); Levi v Taylor (2008) (the extent of the personal liability of a director of a football club); Renault F1 (2007) (McLaren’s complaint of appropriation of its intellectual property rights); de Lucas v Chelsea FC (2005) (a contractual dispute between Chelsea FC and a former player); Fulham FC v Tigana (2004) (the dispute between Fulham and its former manager, Jean Tigana); Middlesbrough FC v Liverpool FC & Zeige (2004) (the litigation arising out of Liverpool's transfer of Christian Zeige); Middlesbrough FC v IPC (2001) (litigation following Middlesbrough's transfer of Juninho from São Paulo in October 1995); hearings before FAPL first instance and appellate tribunals: Bosnich v Chelsea FC (2003) (a variety of hearings following Chelsea's dismissal of Mark Bosnich for taking cocaine); and before the Court of Arbitration in Sport (Lausanne) in appeals from FIFA decisions in Olympique Lyonnais v Fulham FC (2003) (the Marlet transfer); Juventus v Fulham FC (2004) (the van der Sar transfer) and Valencia v Fulham FC (2005) (the Carew transfer). In 2006 David advised the Turkish Grand Prix in relation to its disciplinary hearing before the FIA.

Transport Law
David's work in the field of Road Transport Law includes - appearances before Traffic Commissioners: SITA (Metal Recycling) Ltd (2008); EASCO (Sheffield) Ltd (2007); Hinkcroft Transport Ltd (2007); Alloyde (2007); DJL Recycling Ltd (2007); London Skips Ltd (2007); Lynx Transport (2006); Eddie Stobart (2005); UPS (2004); Clarkes Coaches (2004); appearances before the Transport Tribunal: KDL Transport (2008); David Lloyd (2006); Bryan Haulage (2003); Dukes Transport (2002); appearances before the Court of Appeal: Romantiek Transport BVBA (2008); appearances before the Divisional Court, and the House of Lords: - Cantabrica Coaches v Vehicle Inspectorate (2001); Bruce Cook v Vehicle Inspectorate (1999).

General commercial field
David's work in the general commercial field includes - advising and representing a Caribbean company in litigation in the Caribbean and before the Privy Council (the Cap Juluca litigation (continuing)); professional indemnity cases for and against barristers, solicitors and accountants (continuing); appeal from the Bar Disciplinary Tribunal (continuing); advising provincial and City firms of solicitors over partnerships issues (continuing); nuisance test case between local residents and a national waste contractor (continuing); test case arbitration for local authority concerning its contractual relationship with external service providers (continuing); appeals from Solicitors Disciplinary Tribunal to Divisional Court and Court of Appeal (Yerelomous & Gregory) (2008); dispute between Kenyan flower growers and their Dutch bulb supplier (Homegrown (Kenya) v Zabo Plant (2008)); appearance in December 2007 before the World Motor Sport Council in Monaco (Renault F1); advising the Turkish Grand Prix in relation to a FIA disciplinary hearing in Paris in September 2006; litigation in the Bahamas for the government airline against a conglomerate of international oil companies (the Bahamasair litigation (2005 - 2007)); representing the Government of the Turks & Caicos Islands in judicial review of planning decisions (Ex parte Anspach litigation (2006)); advising and appearing in Gibraltar in litigation arising out of a dispute over a commercial construction agreement (Hopefield v Mowlem (2004)). Past matter include: Chancery litigation following property development partnership dispute; International Chamber of Commerce (Paris) arbitration arising out of a corporate acquisition agreement; claim against a bank alleging civil fraud and negligence; advice and appearances before and appeals from disciplinary and regulatory tribunals: complex litigation following exposure of tax avoidance scheme Collier v Collier (2002) in which the Court of Appeal considered the ambit of the doctrine of illegality in contract.

Memberships
David is the joint treasurer of the Barristers' Benevolent Association, a member of the Football Association Premier League Disciplinary Panel, a member of the Football Association Appeal Tribunal, one of the legal chairmen of the new Sports Resolutions’ National Anti-Doping Panel, a legal chairman of the Sports Resolutions’ sporting panel, and joint Chairman of the National Greyhound Racing Club appeal tribunal.