David Hunt QC

Commercial Fraud (Civil):

David has been instructed in several large civil disputes arising out of allegations of commercial fraud.  He has acted for both plaintiffs/claimants and defendants.  These cases have all involved complex factual issues and complicated matters of expert evidence.  The cases have often included conflicts of laws issues. 

Commercial and Contract:

David has acted in a wide variety of more general commercial disputes. 

David appeared on behalf of the Creditors’ Committee of BCCI before the Vice-Chancellor and the Court of Appeal (both judgments unreported) to oppose the various agreements which the liquidators of BCCI were inviting the Court to approve.

Shipping:

David has had a particular interest in shipping related cases and throughout his career been regularly instructed in a large number of shipbuilding, ship repair and ship conversion disputes.  These cases have often detailed and complex factual and technical issues.  Many such disputes have gone to arbitration, both in this country and abroad.  David has acted both for shipowners and for many shipyards, including shipyards in Japan, South Korea, Singapore and Western Europe.

David’s most recent involvement in a shipping case is the Solitaire arbitration to which reference was made earlier in this CV.  David took part in 4 major hearings, with complex cross-examination of expert witnesses and witnesses of fact, and numerous minor and procedural hearings.

David has acted in a number of safe port disputes for both owners and charterers.  Most of these disputes have gone to arbitration.

More generally, David Hunt QC has acted in a number of other shipping disputes for both owners and charterers, including laytime and demurrage disputes.  Again most of these disputes have gone to arbitration.

Tort:

David has been instructed in a number of professional and other negligence claims against, inter alia, builders, accountants, surveyors, solicitors, aircraft manufacturers and aircraft instrument designers.

Commercial:

In particular David was instructed in the following disputes:

Dubai Bank Ltd v Galadari
David was instructed on behalf of the Galadari defendants from the outset of these proceedings in the Chancery division (which eventually settled before trial).  The proceedings involved a considerable number of interlocutory and other hearings, including:

• Mareva judgment - July 1989
• [1990] 1 Lloyd's Rep. 120 (C.A.): Mareva appeal
• Judgment on preliminary issue of Dubai law - July 1990
• Judgment on breaking privilege - April 1991
•  No 7 [1992] 1 W.L.R. 106 - legal professional privilege

Derby v Weldon
David was instructed to represent the 3rd and subsequent Defendants at the trial of this very large action in the Chancery division.  The proceedings eventually settled after 3 months, before the conclusion of the opening.  The reported interlocutory proceedings in which David was involved included:

•  (No. 7) [1990] 1 W.L.R. 1156 - privilege
• (No. 9) [1991] 1 W.L.R. 652 - Discovery of database
• (No. 10) [1991] 1 W.L.R. 660 - waiver of privilege

Sumitomo Bank v Thahir
David acted for the Plaintiffs, Pertamina, in the 3-month trial of these interpleader proceedings before the High Court of Singapore.  Judgment was given for the Plaintiffs for almost US$80 million.  The action related to bribes paid to the Defendant’s late husband in connection with construction projects in Indonesia [1993] 1 S.L.R. 735; in particular the judge was persuaded not to follow Lister v.  Stubbs (1890) 45 Ch. D. 1.  The Defendant’s appeal (unreported) to the Court of Appeal of Singapore was dismissed.

Commercial and Contract:

Examples of such disputes include the following:

Natural justice and DTI inquiries:

•  Maxwell v Dept of Trade and Industry [1974] Q.B.523

Judgments in foreign currency:

•  Miliangos v George Frank (Textiles) Ltd [1975] Q.B. 487 (C.A.); [1976] A.C. 443 (H.L.)
• Miliangos v George Frank (Textiles) Ltd (No.2) [1977] Q.B. 489

Sovereign Immunity:

• Trendtex Trading Corporation Ltd v Central Bank of Nigeria [1977] Q.B.529 (C.A)
•  Hispano Americano Mercantil S.A. v Central Bank of Nigeria [1979] 2 Lloyd's Rep. 277 (C.A.)

Banking:

• Trendtex Trading Corporation v Credit Suisse [1980] 3 All E.R. 721 (Q.B.D.); [1980] Q.B. 629 (C.A.); [1982] A.C. 679 (H.L.) (stay of proceedings/maintenance & champerty)
• Continental Illinois National Bank & Trust Co v Papanicolaou; The “Fedora”, “Tatiana”, “Eretrea II” [1986] 2 Lloyd's Rep. 441 (C.A.) (RSC Order 14/set-off)
• Morgan Guaranty Trust Co v Hadjantonakis (No.2) [1988] 1 Lloyd's Rep. 375 (Commercial Court) (transfer of action)
•  Standard Bank London Ltd v Bank of Tokyo Ltd  [1995] 2 Lloyd's Rep 169 (Commercial Court) (letters of credit/tested telexes)

Sale of goods:

• Newport (Essex) Engineering Co Ltd v Press & Shear Machinery Co Ltd 29/4/81 (Commercial Court); 4/12/81 (C.A.) (interim payment); 8/2/84   (C.A.)  (damages/new trial)
• Coastal International Trading v Maroil AG [1988] 1 Lloyd's Rep. 92 (Commercial Court)
• Qatar Steel Co Ltd, v Kone Oy 10/3/88 (Commercial Court)

Shipping:

• Aktiebolaget Gotaverken v Westminster Corporation [1971] 2 Lloyd's Rep. 505  (exclusion clauses)
• North Ocean Shipping Co Ltd. v Hyundai Construction Co Ltd, The “Atlantic Baron”  1979] 1 Lloyd's Rep.89 (economic duress)
• Astro Exito Navegacion S.A. v Southland Enterprise Co Ltd, (No.2), The “Messiniaki Tolmi” [1982] Q.B. 1248 (adding parties; injunction)
• Astro Exito Navegacion S.A. v Hsu [1983] 1 Lloyd's Rep. 666 (stay/forum conveniens)
• Stag Line Ltd v Tyne Shiprepair Group Ltd, The “Zinnia” [1984] 2 Lloyd's Rep.211 (contractual duty of care; exclusion clauses; causation)
• Eagle Line Inc. v Namura Shipyard Co Ltd The “Elf” 25/3/85 - Commercial Court: Lloyd’s Maritime Law Newsletter, no.145 (time bar)
• Anangel Atlas Compania Naviera S.A. v Ishikawajima-Harima Heavy Industries Co Ltd [1990] 1 Lloyd's Rep.167 (agency/secret commission)
• Anangel Atlas Compania Naviera S.A. v Ishikawajima-Harima Heavy Induistries Co Ltd (No.2) [1990] 2 Lloyd's Rep.526 (A most favoured customer arrangement)
• St. Vincent Shipping Co Ltd v Bock, Godeffroy & Co, The “Helen Miller” [1980] 2 Lloyd's Rep.95
• Transoceanic Petroleum Carriers v Cook Industries Inc., The “Mary Lou”[1981] 2 Lloyd's Rep. 272
• Interbulk Ltd v Aiden Shipping Co Ltd, The “Vimeira” [1983] 2 Lloyd's Rep. 424 (Commercial Court); [1984] 2 Lloyd's Rep.66 (C.A.)
• Aiden Shipping Co Ltd v Interbulk Ltd, The “Vimeira” (No.2)[1985] 2 Lloyd's Rep. 377
• Aiden Shipping Co Ltd, v Interbulk Ltd, The “Vimeira”[1985] 1 W.L.R. 1222 (C.A.); [1986] A.C. 965 (H.L.) (right to recover costs against non-parties)
• Silver Coast Shipping Co Ltd v Union Nationale des Co-operatives, The “Silver Sky”[1981] 2 Lloyd's Rep.95 (demurrage/restraint of princes)
• Transgrain Shipping B.V v Global Transporte Oceanico S.A., The “Mexico 1” [1988] 2 Lloyd's Rep. 149 (Commercial Court); [1990] 1 Lloyd's Rep. 507 (C.A.) (notice of readiness)

Tort:

• Builders – Dept Of Environment v Thomas Bates and Son Ltd 36 Build. L.R. 104 (O.R.); [1989] 1 All E.R.10 (C.A.); [1991] 1 A.C. 499 (H.L.) (recovery for economic loss)
• Accountants - Ferguson v Spicer & Pegler (Q.B.D. July 1994: unreported)
• Surveyors and solicitors - Virgin v de Morgan 68 B.L.R.26 (C.A.) (criteria for leave to appeal)
• Aircraft manufacturers and aircraft instrument designers - Lambson v Embraer (Q.B.D. October 2001: unreported)

David has acted as an arbitrator in a number of matters, including disputes as to a hydrocarbon concession agreement, demurrage, the sale of fertilizer, computer software and sub-sea pipeline trenching.

Publications:

Solicitors Journal

Teaching:

As Master of Advocacy at Gray’s Inn, and a member of the Inn’s advocacy training faculty, David has for many years been involved in teaching advocacy both to pupils and to new practitioners, in England and abroad.  As an advocacy teacher-trainer, David has taught practitioners the skills of advocacy training in England, in South Africa and in Trinidad.