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Justin Davis

Call 2003

Justin has broad experience of acting both as sole and junior counsel in very large commercially, legally and technically complex disputes with expertise in domestic and international arbitration, Commercial, Company and Technology and Construction Court litigation, adjudication and mediation. He specialises mainly in insurance, commercial and construction disputes.

Commercial

In addition to the above specialist areas Justin has also acted and advised on a wide range of commercial and contractual disputes. He also has extensive experience of company and insolvency litigation.

Selected Cases

  • Acting and advising in a claim for breach of contract arising out of the failure to supply 190 Kawasaki Robots. The claim is valued in excess of £1 million.
  • Acting and advising in a claim for damages for breach of contract relating to the construction of an anaerobic digestion plant. The claim is valued in excess of £200 million.
  • Acting and advising in a number of section 994 Companies Act 2006 “unfair prejudice” petitions, many of which relate to quasi-partnerships.
  • Advising and acting for Bombardier in a dispute worth in excess of £1 million with the factoring house of an insolvent erstwhile supplier of train seats. The issues in the case included assignment, agreements to agree, contractual interpretation and equitable set off: Redd Factors Ltd v Bombardier Transportation UK Ltd [2014] EWHC 3138 (QB).
  • Acting in numerous claims for breach of warranties further to SPAs.
  • Advising and acting in numerous flood claims.
  • Acting for property developers in an application for relief from sanctions in relation to non-compliance with disclosure obligations they owed to the respondent under an unless order made to police a worldwide freezing injunction: Thevarajah & Ors v Riordan & Ors [2013] EWHC 3464 (Ch).
  • Advising and acting in the Commercial Court for an Italian motorbike manufacturer in a dispute with a motorbike dealership in the Republic of Ireland and a French factoring house.
  • Advising and acting for a car dealer in a contractual dispute with a car hypermarket.
  • Advising and acting for a national corporation in relation to a contract purportedly entered into with an unincorporated association.
  • Advising and acting in numerous franchise disputes.
  • Advising and acting for a national estates corporation, particularly in the fields of asset and facilities management.
  • Advising and acting in a mediation in relation to the construction of a SPA further to the sale of a hotel and apartment complex.
  • Advising a British importer of fitness equipment in relation to public liability claims against American manufacturers.
  • Advising and acting for an art dealer in relation to the contract for the purchase of a rare art installation.
  • Obtaining an order for sale of a property on behalf of a trustee in bankruptcy.
  • Advising and acting for a commercial landlord in a dispute with an Administrator as to the application and interpretation of Rule 2.67 of the Insolvency Rules 1986.

Construction & Engineering

Justin has extensive experience in construction and engineering disputes encompassing a wide range of industry sectors. He is familiar with the standard forms of contract used in the industry, and has experience of issues including delays in projects, variations to, and defects in, design and construction as well as dealing with the commercial issues arising therefrom including those relating to guarantees and performance bonds.

He has been involved in disputes of varying value, size and scope in the TCC. He has acted in international and domestic cases.

Selected Cases

  • Advising and acting in a claim alleging defective foundations in a housing development.
  • Advising and acting in a summary judgment application to enforce an adjudicator’s decision.
  • Acting in a claim arising out of the defective waterproofing of housing pods.
  • Advising and acting in numerous adjudications concerning issues such as interim payment applications, final account valuations, pay less notices etc., relating to issues such as payments.
  • Acting for the vehicle manufacturer in a trial arising out of the structural failure of the chassis frame of a tri-axle livestock transporter.
  • Advising a Dutch company on the construction of an SPA and of a petroleum production-sharing contract.
  • Acting for the developer in a $150m international Cayman Island arbitration concerning a hotel and condominium development in the Caribbean which suffered hurricane damage during the course of construction. Led by Michael Harvey QC and Michael Curtis QC.
  • Advising in a claim arising out of the failure of a process in which bearing blocks were to be nitride-hardened.
  • Advising in a property damage claim arising out of defective scaffolding.
  • Advising in a claim arising out the negligent installation of windows and doors throughout a new-build housing project.
  • Advising in a claim arising out of a fire caused by a defective washing machine.
  • Acting for an M&E contractor in a TCC claim.
  • Advising on a claim arising out of a defective drainage and sewage treatment at a holiday park.
  • Acting for a surveying house in a 5 day trial arising out of a delayed PFI construction project.

Insurance & Reinsurance

Insurance and re-insurance is a fundamental component of Justin’s practice. He has represented and advised a wide range of clients including brokers and other intermediaries, claims handlers, underwriters, insurers and re-insurers, Protection and Indemnity Clubs and individuals. Justin deals with all aspects of insurance and reinsurance disputes including policy coverage and interpretation, policy avoidance, disclosure and nondisclosure, misrepresentation, liability and fraudulent claims. Justin has experience of policies relating to professional indemnity, public liability, building cover, fire and theft and motor insurance.

Selected Cases

  • Fresca-Judd v Golovina [2016] EWHC 497 (QB) – The main issue was whether a landlord’s insurer was entitled to bring a subrogated claim against the landlord’s tenant, i.e., whether or not the insurance policy taken out pursuant to the lease was for the benefit of both parties. This required interpretation of Mark Rowlands v Berni Inns Ltd [1986] QB 211 and Agnew-Surpass Shoe Stores Ltd v Cummer-Yonge Investments Ltd (1975) 55 D.L.R. (3d) 676.
  • County Motor Works (Chelmsford) Ltd v PBFW Ltd [2014] EWHC 3392 (QB) – The central issue in this case was whether a fire at an industrial estate had been caused by the negligent disposal of linseed oil-soaked rags.
  • Axa Insurance UK PLC v Norwich Union Insurance Ltd [2007] EWHC 1046 (Comm); [2008] Lloyd’s Rep. I.R. 122 – Led by Roger ter Haar QC. This case concerned the proper interpretation and application of section 145(4A) of the Road Traffic Act 1988 and its interaction with the Employers’ Liability (Compulsory) Insurance Exemption (Amendment) Regulations 1992 and the Third Directive on Motor Insurance (90/232/EEC).
  • Acting in an arbitration concerning the construction of a D&O policy. The issue was whether or not the policy covered the criminal defence costs of a former trader alleged of LIBOR rigging.
  • Acting in the RSA test litigation in the Commercial Court and the Court of Appeal concerning subrogated motor claims.
  • Advising an insurer in relation to the Third Parties (Rights of Insurers) Act 1930 in a case where its insured had defaulted on premium payments before being dissolved and removed from the register of companies.
  • Advising various insurers in relation to apparently fraudulent claims under motor and property policies.

Personal Injury

Justin acts for claimants and defendants and regularly appears at interlocutory and trial hearings in the County Courts and the High Court. Justin specialises in claims arising out of road traffic accidents, accidents at work and industrial diseases. His practice encompasses related insurance and professional negligence matters and he also has extensive experience in appearing at inquests.

Professional Liability

Justin has advised in numerous professional negligence disputes across a varied range of sectors. He has acted variously for and against financial advisers, solicitors, engineers, valuers and surveyors, project managers and other consultants.

Selected Cases

  • Acting for a network of financial advisers in a £3m Commercial Court claim arising out of negligent investment advice.
  • Acting for a mortgage broker in Part 20 proceedings issued by a conveyancing firm.
  • Acting for a mortgage broker in a mis-selling claim.
  • Acting in a claim against solicitors arising out of the negligent handling of the conveyancing of an individual’s properties further to a Confiscation Order upon his conviction for mortgage and other financial frauds.
  • Acting for the claimants on a number of claims against solicitors handling compensation claims under the British Coal Claims Handling Agreements.

News


Qualifications


  • LLB (Hons), City University

Memberships


  • Commercial Bar Association
  • Professional Negligence Bar Association
  • Society of Construction Law (Gulf)
  • Technology & Construction Bar Association

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