David Turner QC

David’s experience in the field of arbitration includes:

• Representing the Employer in an arbitration seated in Dubai under DIAC rules, defending claims (including claims for delay and disruption) from the Main Contractor with an overall value of approximately AED80m relating to the construction of a hotel under FIDIC Red Book (1977 Edition) conditions
• Acting for reinsurers in an international arbitration seated in the DIFC under the UNCITRAL Arbitration Rules
• Acting for excess layer underwriters in an international arbitration seated in London in respect of claims by generic pharmaceutical manufacturers/distributors under various patent infringement liability policies
• Acting for insurers in a mega-arbitration seated in Mumbai under the IBA Rules, arising out of the construction of a 10.5 MMTPA oil refinery in Asia and involving claims for material damage and under an ALOP/DSU policy

David’s experience in this field includes:

• Acting for a major public authority in a substantial dispute with a services outsourcing provider in relation to a strategic partnering agreement
• Acting for insurers in an arbitration concerning the construction of a 10.5 MMTPA oil refinery in Asia and involving claims for material damage and under an ALOP/DSU policy
• Advising in relation to the Evangelos Florakis naval base explosion in Cyprus
• Acting for the owner/operator of a PFI waste recycling facility in a claim arising from fire damage to the plant during the course of modifications
• Acting for the main group of property owner claimants in the Buncefield litigation

David’s experience in the construction field includes:

• Representing the Employer in an arbitration seated in Dubai under DIAC rules, defending claims (including claims for delay and disruption) from the Main Contractor with an overall value of approximately AED80m relating to the construction of a hotel under FIDIC Red Book (1977 Edition) conditions
• Acting for the supplier of aggregate used for the construction of motorway concrete safety barriers in a case raising issues as to the extent of remedial works necessary to address contamination of the aggregate, the incorporation and application of the ADR provisions contained within Clause 93 of the NEC 3 Supply Short Contract, the effect of the duty of mutual trust and co-operation imposed by Clause 10.1 of the NEC 3 suite of contracts and whether the parties’ arbitration agreement was “null and void, inoperative or incapable of being performed” within the meaning of s.9(4) of the Arbitration Act 1996.
• Advising insurers for a major UK construction company as to coverage in relation to potential claims arising from the construction of a mechanical biological treatment plant under a major waste and recycling PFI contract in the North West of England
• Acting for insurers in a mega-arbitration seated in Mumbai under the IBA Rules, arising out of the construction of a 10.5 MMTPA oil refinery in Asia and involving claims under both the material damage and ALOP (DSU) sections of the project all-risks policy. Part of a multinational team, David led on the extensive programming, project management, construction and associated procurement issues relating to almost every process unit, utility and offsite.
• Acting for property owners in Part 8 proceedings against a contractor’s liability insurers concerning the scope of the contractor’s obligation to provide collateral warranties and the interrelationship between that obligation and an exclusion in the contractor’s policy.
• Advising professional indemnity insurers in relation to policy response to a claim alleging defects in the design/construction of a piled slab.
• Acting for the Employer in a dispute as to whether the terms of a final account settlement precluded further claims against a main contractor.
• Acting for defendant M&E contractors in a claim relating to corrosion of chilled water pipework.
• Acting for the owner/operator of a PFI waste recycling facility in a claim arising from fire damage to the plant during the course of modifications.
• Acting for M&E consultants/contractors in a £6M claim arising out of the design and construction of the London Fire Brigade’s training facility.
• Acting for defendant structural engineers in defending a £15M claim by the operators and owners of a distribution warehouse alleging that negligent design had caused the spread of a catastrophic fire.
• Acting for design and build contractors on recovery claims against consultant engineers and specialist piling contractors in relation to a piling scheme in alluvial/running sands.
• Advising design and build contractors in relation to a recovery claim against consultant engineers concerning a housing development on built on compressible peat where the hard landscaping and services “sank” but the houses did not.
• Acting for claimant building owners in a claim against consulting building services engineers arising from a flood.
• Acting for specialist M&E consultants in a claim arising out of the refurbishment of the Berkeley Hotel.
• Acting for defendant site investigation consultants in the Panatown litigation.
• Acting for defendant design engineers in a claim arising out of the design and construction of a fabricated steel walkway at Pembroke docks.
• Acting for defendant design engineers in a claim arising out of the design of a coal injection plant installed at a major steel works.
• Acting for defendant consultant engineers in a claim arising from the design and construction of an amenity lake as part of a land reclamation project in the Welsh valleys.
• Acting for the defendant architects who had designed the Point West development.

Cases

“Very popular with clients and an absolute pleasure to work with.” – Legal 500, 2019

“Incredibly quick to respond with crystal-clear, practical advice and very popular with clients.” “Very user-friendly, clever and a pleasure to work with.” – Chambers & Partners, 2019

“Has an excellent analytical mind and is capable of dealing with intricate matters of detail and explaining them in a readily understandable form. He has an excellent grasp of the nuances of insurance law.” – Chambers & Partners, 2018 

David is regularly instructed in a wide range of insurance and reinsurance work, arising out of property, professional indemnity, public and product and most other forms of liability policies. He is the editor/author of the chapter on Professional Indemnity Insurance in the current edition of Jackson & Powell on Professional Liability. David’s experience in this area includes:

• Acting for reinsurers in an international arbitration seated in the DIFC under the UNCITRAL Arbitration Rules
• Advising an overseas insured on recovery of substantial Business Interruption losses following damage to gas pipelines
• Acting for excess layer underwriters in respect of claims by generic pharmaceutical manufacturers/distributors under various patent infringement liability policies
• Acting for insurers in a mega-arbitration seated in Mumbai under the IBA Rules, arising out of the construction of a 10.5 MMTPA oil refinery in Asia and involving claims for material damage and under an ALOP/DSU policy
• Advising insurers for a major UK construction company as to coverage in relation to potential claims arising from the construction of a mechanical biological treatment plant under a major waste and recycling PFI contract in the North West of England
• Advising a bank in relation to a claim under the Third Parties (Rights Against Insurers) Act 1930 arising out of an EPC sub-contract for a biomass fuelled power generation plant constructed pursuant to a PFI contract
• Acting for public & product liability insurers in a Commercial Court dispute arising out of damage to glass furnace refractories in Kentucky
• Acting for public liability insurers in defending a coverage claim arising out of a substantial fire in an aerospace factory
• Advising property insurers in respect of policy response following the explosion of a marine waste oil tank in an overseas port
• Acting for property owners in Part 8 proceedings against a contractor’s liability insurers concerning the scope of the contractor’s obligation to provide collateral warranties and the interrelationship between that obligation and an exclusion in the contractor’s policy
• Acting in various PI insurance arbitrations concerning notification of circumstances to particular years of cover
• Acting for insurers in an arbitration relating to the aggregation of 100s of claims under a PI policy
• Advising PI insurers as to the application of the Special Institute Condition in respect of a claim arising out of a substantial commercial mortgage fraud in which an employee of the insured had played a pivotal role
• Advising a major RTA insurer in relation to its motor accident recovery model
• Advising major EL insurers in relation to its entitlements under a premium adjustment clause
• Acting for property insurers in successfully defending a substantial claim in respect of the destruction of a domestic dwelling on grounds that the fire had been started at the direction of an insured and of breach of policy terms
• Advising major EL insurers in relation to policy triggers for mesothelioma claims
• Acting for Part 20 Claimant seeking contribution from Lloyd’s in Commercial Court litigation arising out of failure to include exclusion within a quotation for Italian medical malpractice cover
• Acting for fraudulent receivables insurers on a successful application for summary judgment in Commercial Court against Insured on limitation grounds, notwithstanding the Insured’s arguments as to waiver and estoppel
• Advising a firm of accountants on the scope of the FSA 86 exclusion in the ICAEW minimum wording
• Acting for insurers in successfully defending claims with aggregate value of £5M brought under PA policies by Southampton Football Club and Blackburn Rovers Football Club following disablement of players
• Advising professional indemnity insurers in relation to PA LMX Spiral claims
• Acting for reinsurers in defending claims made by the reinsureds for non-payment under various reinsurance treaties
• Advising in relation to a claim by German reinsurers against French reinsurance agents concerning business written through the London market under various binding authorities
• Acting for public liability insurers in their successful defence of claims brought under the 1930 Act by former pupils of a special school at which they alleged they had been victims of sexual abuse
• Advising professional indemnity insurers in respect of policy response where Insured brokers had placed “phantom cover” with underwriting agents
• Advising professional indemnity insurers in relation to construction-related claims exceeding £100M made on underlying insurances in respect of a large number of separate projects
• Defending a 1930 Act claim against the professional indemnity insurers of a firm of accountants on the grounds that the policy was voidable for fraudulent non-disclosure notwithstanding the innocent non-disclosure provisions
• Advising professional indemnity insurers in relation to recovery from reinsurers which had purportedly avoided their reinsurance contracts
• Acting for defendant property damage insurers in a £10-million claim arising out of fire damage, where the dispute centred on the incorporation of warranties/suspensive conditions
• Acting for property damage insurers in a variety of claims where insurers avoided for pre-inception non-disclosure of adverse moral or physical hazard
• Acting for all risks insurers of a Train Operating Company in resisting a claim arising out of the Sandy derailment, where the dispute centred on the incorporation of terms on renewal and whether the exception relied upon by Insurers was unenforceable on the grounds of repugnancy
• Advising as to the definition of “damage” under a CAR project policy where work was delayed by inclement weather
• Acting for Insurers in defending a variety of property claims on the grounds of fraud on the part of the Insured including but not limited to arson and the use of fraudulent means or devices to support a claim
• Advising Insurers as to the extent of cover, definition of damage and operation of standard exclusions in respect of a claim under a Product Liability policy concerning faulty printed circuit boards incorporated into mobile phones.

“He is an excellent performer, with an absolutely incredible eye for detail.”  – Chambers & Partners, 2019

“Provides prompt, no-nonsense advice.” – Legal 500, 2019

“Has an extraordinary work ethic and shows great attention to detail. He is good at getting judges to listen.” “Extremely clever and can turn his mind to anything.” – Chambers & Partners, 2018

“He is very, very good indeed. He gets to the detail in a way which we all dream of doing. There is no part of a case which he does not familiarise himself with. There are no corners cut, he has everything at his fingertips in court.” – Chambers & Partners, 2016

‘”His real strength is devising creative solutions to difficult problems.” – Legal 500, 2015

Recognised as a leading Silk in this area by the Legal 500 and Chambers & Partners, David has extensive experience of commercial product liability disputes, often involving fire. Cases include:

• acting for the claimants in a claim against major pharmaceutical companies under a Group Litigation Order relating to the safety of childhood vaccines
• acting for concrete suppliers in the defence of claims arising from the supply of allegedly defective concrete
• acting for aggregate suppliers in the defence of claims arising from the supply of contaminated aggregate for use in a major construction project
• advising property insurers and cargo owners on recovery following a significant warehouse fire at London Heathrow
• successfully defending Hoover against £1M claim following the destruction of a farm house allegedly caused by a defective washing machine
• £multi-million claim by a distribution organisation following the destruction of a depot as a result of fire originating in a trailer’s refrigeration unit
• acting for the defendant suppliers of a component which caused a fire at a chemical plant in Sweden
• acting for the defendant suppliers of an air conditioning assembly alleged to have caused extensive flooding and damage to a major bank’s computer systems
• acting for the defendant suppliers of insulation material alleged to have caused a fire in cooking extract ductwork
• acting for the defendant manufacturers of combination boilers which failed in service in accommodation designed for elderly people
• advising the manufacturer of studio quality sound-mixing desks in relation to a claim against a supplier of defective PSUs sold with the desks
• acting for the defendant manufacturers of capacitors fitted in PSUs which had a tendency to combust
• defending designers/suppliers of a state of the art industrial defrosting machine against £100-million pound claim arising from the destruction of factory by fire (the Sun Valley Fire)
• defending suppliers of foam material alleged to cause the delamination of the decking of fast patrol boats supplied to the Jordanian Navy.

 “He is exceptionally bright and quick to analyse complex professional negligence claims.” – Legal 500, 2019

“He is a very good academic brain and also one of the better commercial brains of the Bar. He doesn’t just think like a barrister, but puts himself in the shoes of the client too.” “He is hugely competent in professional negligence and indemnity insurance disputes, particularly accountancy cases.” – Chambers & Partners, 2019.

“Has an excellent analytical mind and is capable of dealing with intricate matters of detail and explaining them in a readily understandable form. He has an excellent grasp of the nuances of insurance law.” – Chambers & Partners, 2018.

“A superb advocate.” – Legal 500, 2017

“He is an excellent QC – very meticulous, thorough and measured.” “Impressive – he is very easy to work with, well prepared and takes a very pragmatic view.” – Chambers & Partners, 2016.

‘”A superb courtroom performer and deadly cross-examiner; he is very quick-thinking on his feet with a measured style which earns the court’s trust.” – Legal 500, 2015

“He is commercially very astute and exceptionally good at grasping audit complexities extremely quickly.’ ‘He offers robust advice, and is a strategist extraordinaire.” – Chambers & Partners, 2015

David has extensive experience of a wide range of professional liability disputes and has consistently been recommended as a leader in the field by Chambers & Partners and the Legal 500.

Click on the appropriate link to see David’s experience in the relevant professional field.

David has put his experience from more than 17 years of service as a reservist to use by appearing on a pro bono basis for families at inquests into military deaths in Afghanistan and under training in the UK. One of the Afghanistan inquests raised substantial issues as to the engagement and application of Article 2 of the ECHR in relation to the death of a soldier from an IED attack at a British-run training facility. More recently, David appeared for the widow of a soldier who died after sustaining exertional heat injury on a special forces selection exercise in the Brecon Beacons.

David is willing to consider being instructed on the same basis for military families at inquests into deaths on operational service or under training.

David has been instructed on some of the largest property damage cases in the last 20 years, normally acting on behalf of insurers (either defending a party insured under a liability cover or seeking a recovery of insurers’ outlay). Past instructions include the notorious Sun Valley fire case and acting for the lead claimants in the Buncefield litigation.

More recently, David has been instructed in relation to the destruction of the largest power station in Cyprus following the explosion at the “Evangelos Vasilikos” naval base in 2011, and the destruction by fire of a major warehouse at Heathrow Airport in 2010.

Cases include:

• Defending a claim by factory owners against the suppliers of an appliance alleged to have been the seat of a fire which caused widespread damage to the factory
• Advising in relation to the Evangelos Florakis naval base explosion in Cyprus
• Advising warehouse owners following a major fire in a warehouse at Heathrow airport
• Acting for public liability insurers in defending a coverage claim arising out of a substantial fire in an aerospace factory
• Acting for the owner/operator of a waste recycling facility in a claim arising from fire damage to the plant during the course of modifications
• Advising on recovery rights against the police following the 2011 London Riots
• Acting for the main group of property owner claimants in the Buncefield litigation following the major explosion at the Hertfordshire Oil Storage Depot in December 2005
• Defending Hoover against a claim following the destruction of a farmhouse by a fire alleged to have been seated in a washing machine
• Acting for Safeway in a claim against McAlpine following the destruction of a store due to the uncontrolled spread of a fire through the store’s roof void
• Acting for design and build contractors on recovery claims against consultant engineers and specialist piling contractors in relation to a piling scheme in alluvial/running sands
• Acting for a major building society in a recovery claim against document storage warehouse owners following the destruction of the warehouse – and thousands of title deeds held as security – in a fire caused by arson
• Advising design and build contractors in relation to a recovery claim against consultant engineers concerning a housing development on built on compressible peat where the hard landscaping and services “sank” but the houses did not
• Acting for defendant M&E contractors in a claim relating to corrosion of chilled water pipework
• Advising the owners of a retail outlet damaged by fire on a recovery claim against the owners of the neighbouring property from which the fire had spread
• Acting for defendant structural engineers in defending a claim by the operators and owners of a food distribution warehouse alleging that negligent design had caused the spread (via aluminium-faced, foam cored, sandwich insulation panels) of a catastrophic fire
• Acting for building contractors in defending a claim following the “Burger King” fire at Terminal 1 of Heathrow Airport in December 1997
• Subrogated recovery claim in name of a retail warehouse owner against owners of an adjoining warehouse whose waste was set on fire by arsonists
• Defending designers/suppliers of a state of the art industrial defrosting machine against £100-million pound claim arising from the destruction of factory by fire following its spread through the building via aluminium-faced, foam cored, sandwich insulation panels (the Sun Valley Fire)
• Defending electrical contractors against a £25m claim arising from the destruction by fire of a large office building (the Digital / Capital & Counties Fire)