David W. Younghe/himPartner
David is a litigator with particular emphasis on complex commercial litigation, pensions litigation and trust litigation. His experience encompasses joint ventures, outsourcing and IT, data protection, professional negligence, judicial review, and corporate governance and constitutional issues. His experience spans many industry sectors including food and beverage, logistics, hotels, consumer goods, rail and central government.
David advises on and conducts regulatory and internal investigations. He also has considerable experience of ombudsmen references and Alternative Dispute Resolution, in particular mediation and expert determination.
David’s advisory practice covers contract risk management advice, M&A risk management, company constitutional matters, and trustee powers/ discretions.
David has long-standing experience of e-disclosure, including managing large e-disclosure projects.
- Acting for a major international beverage manufacturer in an international arbitration arising from the termination of agency arrangements with a value of £50m.
- Acting for a major real estate investor in relation to a dispute with a value of £50 million arising under a hotel management agreement.
- Advising a major non departmental public body over several years in relation to a range of disputes arising out of a £700mn outsourcing contract for critical services.
- Advising a multi-national train manufacturer in relation to force majeure and delay claims under two significant rolling stock manufacturing contracts.
- Acting for a £1.5bn turnover grocery business in relation to allegations of breach of confidence and misappropriation of confidential information.
- Acting for the BBC in relation to Pensions Ombudsman proceedings, and their appeal to the High Court and Court of Appeal, defending a claim that the BBC had breached its duty of trust and
- confidence in introducing a cap on pensionable pay: Bradbury v BBC.
- Acting for representative beneficiaries representing the members of IBM's pension scheme in dispute with IBM concerning closure of the scheme. The case concerned the employer's duty of good faith: IBM United Kingdom Holdings Limited v Dalgleish.
- Acting for the principal employer of a £2bn pension scheme in an investigation by the Pensions Regulator regarding use of its moral hazard powers on account of historic dividend payments and group reorganisations.
- Acting for the principal employer of a major utilities pension scheme in an investigation by the Pensions Regulator under s.231 Pension Act 2004.
- Acting for one of the former trustees and current beneficiaries of a family estate in relation to claims of breach of trust. The new trustees brought a Beddoe application which was contested and fully defeated.
- Advising a major international pharma company in relation to e-disclosure in connection with significant UK class action proceedings.
- Downing College, Cambridge University, Law, MA (Hons), 1991
- College of Law, Law Society Finals, Distinction, 1992
- University of Augsburg, Germany, German Law, LLM (grade 1), 1993
Chambers, 2023: "He's incredibly thorough, really gets stuck in and knows the case inside out. He is always coming up with ideas."
Legal 500, 2023: “The team is well led and is thorough but adaptable to client needs/budgets. Other firms say that they seek to understand client’s businesses and requirements – this one actually does.”
Memberships And Affiliations
- Higher Rights of Audience (Civil), 2003
- Association of Pensions Lawyers