David Stockill
Call: 1985
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Company & Partnership Profile

David has a company practice mainly rooted in the contentious (but not exclusively); particularly with wide experience in Petitions and Derivative Actions. He has been instructed many times in relation to share sale (and other acquisition) disputes; warranty and indemnity claims and sometimes in more technical paper advices, on class rights, redemption, capital reductions and so forth. The nature and business of the companies’ concerns varies – from the oft seen incorporated partnership rooted in the West Midlands, through retail and trading businesses to more technical professional companies. Particularly in the contentious domain, the use of interim injunctions in all of their guises, and other interim applications, feature regularly. As a trial advocate, David is a confident, and if it calls for it, combative operator who is known for his thorough preparation. He is however someone who always puts the client first, and if this means negotiation and settlement strategies, his experience as an accredited mediator counts.

  • What the Directories Say

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      • Highly regarded senior junior with a broad practice which covers both traditional and commercial cases. He is noted for his expertise on disputes concerning breach of fiduciary duty. Expertise: "A very sensible counsel, who provides practical advice and is good with clients." CHAMBERS UK 2015.
      • David has been rated in all directories since they started, as a leading light outside of London.  Most recently (Chambers & Partners 2014) he was listed as having "the highest skills and capacity and is sound as a bell. He has the gravitas and knowledge that is required". In Chambers UK Guide 2013, he was commended for his “wealth of experience in commercial Chancery matters”
      • In addition, “David Stockill is [a] barrister who ‘rolls his sleeves up and immerses himself in the case,’ his preparation ‘is always of the first order.’ He ‘never fails to impress clients with his immediate grasp of the problem at hand.’" Chambers UK Guide 2012
      • In the last few years David has been described variously as "having great intellectual ability and skill in Court", having a chancery practice "with a real company flavour ... with great experience in minority shareholder disputes and section 459 matters and is praised as a very strong writer". He is also “intelligent, confident and a good creative thinker”.

  • Recent Experience

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    • Over the last six months (prior to the date of writing, and as a snapshot):

      • Resisting the winding up of a land-owning company (with assets of £90 million)
      • Advising on the various rights and obligations arising in a Share Option Scheme
      • In the early stages of shareholder disputes in relation to care homes; and another one in respect of an engineering firm with misfeasance allegations
      • Advised in share warranty claims, of more modest value, in respect of a West Midlands business
      • A complex Opinion, fairly recently on redeemable preference shares
      • Advising in the pursuit of the personal liability of directors following a disqualification order
      • Advising in the resistance of a claim of more than £100,000 by an investor against his co-director shareholder, containing veiled allegations of fraud
      • Two freezing injunctions, one worth in excess of £4million for a worldwide order  including passport and movement restrictions (against a former global industrialist); the other a telecoms fraud

  • Reported Cases

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      • Sharma v Farlam Limited [2009] EWHC 1622 (Ch) Claim for breach of trust, recovery of shares and benefits therefrom
      • Clark v Cutland [2003] EWCA Civ 810; [2004] 1 W.L.R. 783; [2003] 4 All E.R. 733; [2004] B.C.C. 27; [2003] 2 B.C.L.C. 393; [2003] O.P.L.R. 343; [2003] Pens. L.R. 179; [2004] W.T.L.R. 629; [2003] W.T.L.R. 1413; (2003) 147 S.J.L.B. 781;   Minority protection, misappropriation (breach of fiduciary duty) recovery of assets, tracing, pension funds and set off.  An important case in the area, particularly of remedies for minority protection.
      • Secretary of State for Trade and Industry v. Banister [1995] 2 BCLC 271 – director’s disqualification

  • Specialist Areas

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  • Qualifications and Appointments

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      • MA Cantab
      • Barrister at law
      • Accredited mediator

  • Professional Associations

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      • Chancery Bar Association
      • Midland Chancery Bar Association (founder member and one time secretary)

Related News

Negotiating Damages in the Supreme Court - David Stockill

Morris-Garner v One Step (Support) Limited [2018] UKSC 20 A couple of weeks ago (18 April 2018) the Supreme Court decided a landmark case on damages.  It was unusual in that it appears a unanimousdecision in the result, but Lord Sumption dissented…

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View all articles

Further Information

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