David E Grant. Barrister Profiles. New York. London. Abu Dhabi. Manchester. Dubai. Outer Temple Chambers The Outer Temple 222 Strand London WC2R 1BA

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1 Barrister Profiles David E Grant

2 Contents David E Grant... 1 Pensions & Trusts... 2 Cases... 2 Professional Negligence... 3 Cases... 3 Financial services. Banking... 4 Cases... 4 Employment & Discrimination... 5 Cases... 5 Private Client... 6 Cases... 6 Appointments & Memberships... 7 Languages... 8 Recommendations... 9 Testimonials II

3 David E Grant Year of call david.grant@outertemple.com David E Grant practises primarily in commercial law, particularly pensions, financial services, civil fraud and fiduciary duty, banking, insolvency, chancery and employment. David has extensive advocacy experience and regularly appears in the Court of Appeal, High Court and specialist Tribunals. He has also attended numerous mediations and round table meetings in a wide variety of cases. David has been recommended in Chambers and Partners and the Legal 500 since 2007 and is currently ranked as one of two Band 1 pensions juniors. His clients have included many leading business including the Atos Group, British Airways, BT, ITV, the Royal Bank of Scotland, Lloyds Bank, Aegon and Transport for. He has also acted for the Pensions Protection Fund, the Pensions Regulator and the Pensions Ombudsman as well as leading professional service companies such as Aon, Mercer and Barnett Waddingham as well as various high net worth individuals. 1

4 Pensions & Trusts Cases Beaton v Board of the Pension Protection Fund [2017] EWHC 2623 (Ch) Nugee J. Meaning of attributable to his pensionable service. Safeway Ltd v Newton & Anor [2017] EWCA Civ 1482 on appeal from [2016] Pens.L.R. 79 Warren J. Retrospective equalisation, construction (subject to reference to the CJEU). Mondelez v Mondelez Pensions Trustees Ltd First disposal hearing of a Part 8 claim for rectification of a pension deed. NHS Business Services Authority v Williams [2017] ICR 327 Warren J. Appeal from the Pensions Ombudsman, meaning of in pensionable employment as a nurse. Saga Group Ltd v Paul [2016] Pens.L.R. 329 Procedure for application for summary judgment of claim for rectification. Girls Day School Trust v GDST Pension Trustees Ltd [2016] Pen.L.R.181 Norris J, first reported paper application for rectification by summary judgment. 2

5 Professional Negligence Cases Stanley Gibbons v Alexander Clay & Ors HC13D Expert legal evidence. PPF v Hill Claim against former pension trustees / scheme advisors for breach of investment regulations. Permissibility of commercial property portfolio. PPF v Aon Consulting Financial Services ltd & Ors HC Expert evidence, scope of duty. Aon Pension Trustees Ltd v MCP [2012] Ch 1 The first appellate consideration of s27 of the Trustee Act 1925 (protection of trustees by means of advertisements). 3

6 Financial services. Banking Cases Jones & Anor v Roundlistic Court of Appeal, March Whether a term in a lease preventing sub-letting is unfair under the UTCCR Re Lehman Brothers International (Europe) (In Administration) [2014] Bus. L.R Application for extension of time to prove debt. British Telecommunications Plc v Luck [2014] EWHC 290 (QB) Preliminary hearing on limitation by Teare J concerning allegations of fraud, dishonesty and concealment. Bulgrains & Co Ltd v Shinhan Bank [2013] EWHC 2498 (QB) HHJ Gore. Whether claim on letter of credit for $825,000 could be avoided on grounds of, inter alia, fraud. Bank of Scotland v Johnson [2013] All ER (D) 193 (Jun) Court of Appeal (Lloyd, Jackson, Beatson LJJ). Successful appeal as to conduct of judge below on appeal by way of review. 4

7 Employment & Discrimination Cases Parsons v Airplus International Ltd 2017 EAT Appropriate test of a qualifying disclosure in whistle-blowing claims. Herry v Dudley Metropolitan Council [2017] ICR 610 Assessment of costs and effect of bankruptcy in ET claims. Nabili v Norfolk Community Health and Care NHS Trust EAT 21 June Adjournment of disciplinary hearing in unfair dismissal claim. Missirlis v Queen Mary University of EAT 16 May Redeployment following redundancy in unfair dismissal claim. Consideration of Polkey exclusion. Chenembo v Lambeth LBC [2014] EWCA Civ 1576 Disability discrimination. 5

8 Private Client Cases Snell v Sirin Fine Art Ltd (In Administration) & Ors HQ12X01256 Master Fontaine (17 January 2013). Whether Master has jurisdiction or should grant permission to continue proceedings against company in administration. Snell v Sirin Fine Art Ltd Successful application for search order concerning genuine Auguste Rodin reproductions worth c 30m. Webster v Ashcroft [2012] 1 WLR 1309 First decision on ability of promisee s estate to bring claim for proprietary estoppel when promisee became bankrupt after acquiring relevant equity to bring claim. Crowley v Gudipati 2009/0047/0052 Adjudicator to the Land Registry. Important case on rectification of the Registry on the ground of attestation and undue influence. Spencer v Strickland [2009] EWHC 3033 (Ch) Beneficial ownership of property bought by parents for daughter. 6

9 Appointments & Memberships Association of Pension Lawyers COMBAR Chancery Bar Association Financial Services Lawyers Association 7

10 Languages French Serbian (basic) Spanish (basic) 8

11 Recommendations 9

12 Testimonials He is very experienced in pensions disputes, and provides clear strategic advice. Pensions, Chambers & Partners 2018 He is detailed, efficient, commercial and has the ability to step back and look at the bigger picture. Pensions, Chambers & Partners 2018 A first-rate junior, who is destined for elevation to silk. Pensions, Legal He s got very good analytical abilities and he s a good advocate too. Pensions, Chambers & Partners 2017 He gave very pragmatic and robust advice which helped to get the matter to a successful settlement. Pensions, Chambers & Partners 2017 First rate highly diligent, very responsive and thorough in all he does. Pensions, Legal He has an eye for detail and he s one to have on your side if you are fighting for the underdog. Chambers & Partners 2016 He has a good manner with the client and is an effective advocate. Chambers & Partners 2016 You always know that he will produce high-quality work. Chambers & Partners 2015 Extremely user-friendly, bright and proactive, he gives good practical advice. Chambers & Partners 2015 He has a very impressive grasp of detailed case law and applies it very well in complex cases. Chambers & Partners 2015 He is good at marshalling evidence and keeping a case on track. Legal Takes instructions from the most high profile firms, a confident advocate and a persuasive presence on his feet and as an independent thinker who doesn t need a leader in order to shine. Chambers & Partners 2014 He has a phenomenal wealth of knowledge. He takes a very thorough analytical approach. Chambers & Partners 2014 You always know that he will produce high-quality work. Legal

13 Very thorough, analytical approach Legal David Grant delivers well-drafted, well-balanced opinions on issues relating to the cessation of future accrual of pensions. He is also an expert on rectification and equalisation matters. He has excellent technical ability and a practical approach and is, according to one source, particularly impressive on representative beneficiary matters. Chambers & Partners 2013 David Grant wins plaudits for his very thorough, analytical approach. Legal Phenomenal wealth of knowledge Legal David Grant delivers dogged analysis of very complex points. Legal David Grant is helpful and practical and demonstrates confident and robust case handling. Chambers & Partners 2011 David Grant is academically on the button. Legal Established a strong name for himself through his involvement in key pensions cases [able to] run his own cases with complete assurance. Outstanding on those cases with a pensions / employment crossover. Chambers & Partners 2010 David Grant is pragmatic, approachable and prompt. Pensions, Legal

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