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Hendersons - Barristers' Chambers

David Brook

"'Clients adore him and always say how delighted they are to have him on their side…' 'He is able to grasp issues quickly, summarise them succinctly and give the clients confidence in his knowledge of the subject…' 'He has very broad experience and is very good at looking at the commercial issues and what the client is trying to achieve'."

Legal 500 2016 & Chambers UK 2017


Call
1988

With a practical background in commerce and industry, David Brook acts in employment, commercial, contract and business related matters. Principally instructed by companies, employers, senior employees and local authorities he undertakes advisory work, mediation, litigation in tribunals/courts, and takes matters on appeal. He accepts instructions from solicitors and on direct access, is an employment tribunal Judge and an accredited mediator.

 

Expertise


Employment

Experienced in both commercial and employment law with particular expertise in unfair/wrongful dismissal, discrimination, restrictive covenants, whistle blowing, restructuring the workforce, TUPE, individual and large scale redundancies, drafting/variations of contracts and consultancy agreements. He regularly negotiates exit agreements and has extensive practical experience in obtaining/resisting injunctive relief.

David is ranked as a leading lawyer in Chambers UK Bar 2019.

Representative cases

grid list
  • Tyshna v MOT (2015 High Court hearing pending)

    Scope/extent/interpretation of REC Regs to industry norm method of fees charged by employment agencies.

  • Cliffe v T Systems Plc (2014 Employment Appeal Tribunal)

    Appeal from first instance re correct method of remedy calculation where unfair dismissal but redundancy pending.

  • Ojikutu v London Borough of Camden (2012 ET and on Appeal)

    Claims in unfair dismissal, sex and race discrimination brought by dismissed senior in house lawyer against employer and former colleagues. Proceedings and subsequent appeal successfully resisted.

  • H v J (2011 Reporting Restrictions)

    Highly sensitive matter involving allegation of systematic rape of claimant by employer client over three year period.

  • Lister v Taylor & Others (2011 ET and on Appeal)

    Housekeeper for prominent business person and family suspected of impersonating family member and dismissed. Proceedings, including interim relief and appeal, successfully resisted.

  • Clarke v NIBC Bank 2010

    Director dismissed for some other substantial reason – his claims that true reason for dismissal ”whistleblowing” disclosures dismissed.

Commercial, Insurance & Arbitration

David has held senior positions in business and has wide practical experience of contract, commercial and business related matters. In his commercial practice he predominantly acts for commercial and professional clients, in both non-contentious and litigious matters, arbitration, and in mediated resolutions. He has particular expertise in obtaining/resisting injunctive relief, particularly involving commercially sensitive/confidential information requiring urgent interlocutory relief. Recent work includes negotiated settlements in high value director/shareholder disputes acting for the senior executive of an international bank, and as mediator in a multiparty employee/employer dispute involving a national hotel group.

“Takes a commercial view and is good at finding solutions to apparently impenetrable problems” “has bundles of experience and provides high level commercial advice” Chambers and Partners

Representative cases

grid list
  • Mes - Dea (Switzerland) v Frazer Nash (High Court June 2010)

    Supply of bespoke electric batteries – whether ‘outright sale’, on ‘sale or return’ or  supplied on a ‘joint venture’ basis – construction of contractual clauses, liability for damage in transit, duty to mitigate.

  • In the Matter of  Fuji (London 2009)

    Mediation of substantial trade debt; Interpretation of ‘claw back’ and ‘percentage discount’ clauses in sole distributor Agreement.

  • Intournet & Dolce Vita v Marcou (High Court June 2000)

    Agreement for the sale of entire majority shareholding in UK company – whether enforceable or frustrated – whether repudiatory breach by purchaser and whether accepted by seller.

 

Instructing David Brook

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Appointments
  • Employment Judge (2002)
  • Accredited Mediator
Memberships
  • Employer Lawyers Association
  • Employment Lawyers Bar Association
Education
  • Dip Law London
  • BA Phil London
Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

Bar Council Number: 22960

VAT Registration Number: 549153038

Legal Status: Barrister

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.

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