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David Pope

David Pope

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David Pope specialises in Arbitration and Commercial litigation, particularly Banking & Finance disputes.

David has acted for and against banks throughout his career, in disputes covering many aspects of retail and investment banking. In recent years, he has been instructed in a large number of claims involving the alleged mis-selling of swaps and other interest-rate hedging products.

David also acts regularly in general commercial disputes, particularly between parties in the financial-services, energy and telecommunications industries. Most of these cases have a strong international flavour and some proceed as arbitrations.

David consequently has considerable experience of arbitral proceedings, especially under the ICC and LCIA rules. For over a decade before joining Outer Temple Chambers, David was a senior member of the pioneering in-house advocacy group at international law firm Dentons. In that capacity, he represented many of Dentons’ key clients, including foreign governments, Big Four accountancy firms, and multinational banks, energy companies, hotel chains and airlines.

David is a qualified mediator.

He is also a Senior Visiting Fellow at University College London, where he teaches a course that he developed entitled “Classical rhetoric and modern advocacy”.

Arbitration

David has considerable experience of arbitral proceedings in commercial disputes, particularly under the ICC and LCIA rules. He has appeared as the sole advocate at several arbitral hearings and has been instructed on arbitration claims in the High Court.

Cases

African National Broadcaster (2012 – 2016)

David is representing an African state-owned broadcaster in an LCIA arbitration concerning a US$2 billion claim arising from the operation of a television channel in East Africa.

Gulf-based Media Group (2013)

David acted for a multinational media organisation based in the Middle East in an ICC arbitration concerning the ownership and operation of a television channel in Turkey.

Abuja International Hotels Limited v Meridien SAS [2011] EWHC 87 (Comm)

David represented Meridien, the French hotel group, in its successful defence of a Commercial Court challenge to an ICC arbitral award. David was junior counsel to Vernon Flynn QC.

South Korean Multinational (2011)

David acted for a South Korean multinational company in an LCIA arbitration concerning commission payments for a US$500 million construction project in the Middle East.

Banking

Banking disputes form the core of David’s practice. He acts principally for UK clearing banks and overseas banks in claims against customers and other banks.

Much of his recent banking work has involved derivatives, mainly mis-selling claims by customers and inter-bank disputes about exotic products. He has been instructed on more than 15 interest-rate hedge mis-selling cases since 2013.

Cases

Marshall v Barclays Bank Plc EWHC 2000 (2015) (QB)

David acted for Barclays Bank PLC on its successful application to strike out a claim that the bank mis-sold an interest-rate swap.

The Coin Group Limited v Lloyds Bank Plc (2014 – 2015)

David acted for Lloyds Bank plc in a claim against it for the alleged mis-selling of three interest-rate derivatives. The claimant was a high-profile campaigner against hedge mis-selling and the case consequently attracted media coverage in print and on television.

Overseas Investment Bank (2010)

David acted for an overseas investment bank in a €70 million dispute with another overseas investment bank about the terms of two complex variance-swap transactions.

Fortis Bank SA / NV v Fluxo-Cane Overseas Limited (2009)

David acted for Fortis Bank in Commercial Court proceedings to recover substantial losses incurred by a corporate customer on sugar futures and options contracts. David was junior counsel to David Railton QC.

Commercial & Chancery

David has acted in commercial disputes in the English courts (and, occasionally, in foreign courts) throughout his career.

He has particular experience of disputes in the financial-services, energy and telecommunications industries, although he has recently acted in claims involving a former Premier League footballer and a member of the Abu Dhabi royal family.

David was instructed for many years in the litigation arising from the collapse of the Independent Insurance Group.

Cases

Tyndaris LLP v Continental Property Investments S.A. (2015 – 2016)

David is acting for a London-based investment fund in a High Court claim for fees due in connection with the failed recapitalisation of a substantial multinational property portfolio.

Al Nahyan v Elite Performance Cars Ltd [2015] EWHC 950 (QB)

David acted for the respondent to an application in the High Court by a member of the Abu Dhabi royal family to be released from undertakings he had given in relation to a high-performance motor car.

Léon Lambert v Christopher Samba (2014)

David acted for a Luxembourg-based football players’ agent in successful proceedings brought by him against a former Premier League footballer for payment of outstanding commission.

R&Q USA, Inc v Seaton Insurance Company & Another (2011)

David acted for Enstar Group, one of the world’s largest insurance run-off companies, in a US$75 million Commercial Court fraud claim and the substantial related costs dispute.

Disciplinary & Regulatory

David has advised on and represented clients in regulatory tribunal proceedings, principally in the telecommunications sector.

Cases

PhonepayPlus Limited v M.E. Media Market Limited & Another (2013)

David represented two Israeli mobile-service providers in a challenge to fines imposed on them by PhonepayPlus, the regulator of phone-paid services in the UK. David secured the biggest fine-reduction the PhonepayPlus tribunal had ever awarded at the time.

Appointments & Memberships

  • COMBAR

Awards

  • Harvard University Frank Knox Memorial Fellowship
  • Lincoln’s Inn Megarry & Wolfson Scholarships
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