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David Sears QC

Call 1984 • QC 2003

"Absolutely brilliant, a great advocate and a tenacious fighter."
(Legal 500)

Insurance & Reinsurance

David advises regularly on the construction of insurance policies, most often in connection with coverage issues in connection with professional indemnity claims and construction disputes.

Selected Cases

  • Advising the lead insurer of the Malaysian Bar Professional Indemnity Scheme in its dispute with London Reinsurers concerning its entitlement to be indemnified in respect of a MYR 7 million claim against one of its members
  • Instructed on behalf of insurers in a £10 million dispute with its insured as to the insurers’ rights to bring a subrogated claim against one of the insured’s sister companies.
  • Acted on behalf of the insured business owners in their claim against insurers who had refused an indemnity in respect of significant losses resulting from the total destruction of the insured’s waste recycling plant by fire for alleged breach of condition.
  • Acting on behalf of the insured building owners in their successful claim against their insurance brokers for negligence in failing to advise on policy terms on renewal and in failing to arrange suitable cover.
  • Acting on behalf of the insured design and build contractor in his successful claim against insurers who were refusing an indemnity for the cost of reconstructing a major retaining wall which had collapsed.
  • Instructed on behalf of the insured specialist building contractor in his successful claim against insurers who had refused to indemnify the insured in respect of damage caused to neighbouring buildings as a result of excavation works for a new basement in Chelsea.
  • Advising insurers on policy interpretation and coverage issues in relation to a £50 million claim made by an insured contractor in relation to the allegedly defective design of a major shopping centre car park.
  • Advising a contractor in connection with its claim against its insurers for an indemnity in respect of a claim made against the contractor for the allegedly negligent preparation and production of a specification for concrete to be used by sub-contractors.
  • Acting for an insured architect in relation to his claim against insurers to be entitled to professional indemnity insurance cover.
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Qualifications


  • MA Oxon
  • Fellow of the Chartered Institute of Arbitrators
  • Accredited mediator TECBAR and ADR Chambers
  • Accredited adjudicator TECBAR

Publications


  • Author of the chapter on Public Procurement in Emden’s Construction Law
  • Contributor to the section on Delay & Disruption, Liquidated Damages and Penalties in the 12th edition of Hudson’s Building and Engineering Contracts

Recommendations


“Provides strong, consistent and clear advice with a calm and thorough approach.”

Chambers & Partners 2018

“He is very approachable, very easy to deal with and a very straightforward barrister”

Chambers & Partners 2018

“Very clever, thoughtful, precise and unfailingly good humoured – in Court he is awesome”

Legal 500, 2018

“A calm, measured approach, he strikes a good balance between the details and big picture”

Legal 500, 2018

“A superb advocate”

Legal 500, 2018


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