David Whiting

David Whiting, Director - Head of Dispute Resolution
Director, Head of Dispute Resolution
Office:
  • Banbury
Phone:
01295 204105
LinkedIn:
LinkedIn
Specialisms:
  • Personal Insolvency
  • Disputes
  • Disputed Wills
  • Dispute Resolution
  • David began his career at a City of London firm, and worked in a nationwide practice before joining Spratt Endicott to lead the Dispute Resolution team.
  • David seeks to understand his clients' business and bring a cost-effective common-sense approach to complex problems.
  • If required to be, David is a tenacious litigator, but often settles disputes using alternative forms of dispute resolution, especially mediation.
  • David enjoys resolving complex disputes in most sectors of business, including automotive, manufacturing, retail, development, professional services, media, and food and drink.

Expertise:

  • Contractual disputes such as breaches of asset and share sale agreements; distribution agreements and general terms and conditions;
  • Negligence claims, including professional negligence;
  • Company, shareholder and partnership disputes, including advising directors and partners upon their duties and resolving deadlocked company/partnership disputes;
  • Seeking all forms of Injunctions and making Pre-Emptive Strikes;
  • Insolvency Act disputes;
  • Bankruptcy;
  • Winding-up proceedings
  • Probate claims, including claims under the Inheritance (Provision for Family and Dependents) Act; and
  • Intellectual Property disputes, especially passing off actions

Professional Memberships:

  • David regularly gives seminars and publishes articles upon his areas of expertise.
  • He is a member of The Law Society and The Commercial Litigation Association.
  • David is a recommended lawyer in The Legal 500 UK 2016.

UK_recommended_lawyer_2016

Interests:

  • David enjoys music, films and cultivating his young daughter's interest in golf.
  • When not immersed in family matters, David enjoys golf and football.

 

Case Studies

  • Family Dispute Resolved
    David acted for an elderly lady who ran an agricultural partnership with her son.  The partnership was originally set up as a family business with father, mother and eldest son in order to promote the family business of dairy and arable farming. There was no formal partnership agreement.

     Unfortunately, the eldest son caught a debilitating disease and his health deteriorated rapidly.  Also at that time, the father died.  The son outlived the father by a matter of days and was pushed by his wife, the daughter-in-law, to dissolve the partnership, which had been a partnership at will with no form of documentation.  

     The daughter-in-law sought the dissolution and winding-up of the partnership and took very aggressive steps to obtain an inflated share of the business.  This was of great concern to the elderly lady client.  David guided this dispute away from expensive Court proceedings to a mediation.

     The effect of this was that the client was able to cherry-pick some of her favoured assets and not have them sold in order to meet a Court-induced winding-up.

     The dispute was concluded a lot quicker than protracted litigation would have allowed, and with a great saving of costs. 
  • Quickly Ending Frivolous Proceedings
    David was instructed by a firm of accountants, who had become members of an association of accountants providing aggressive tax planning schemes to high net worth individuals and celebrities.  Such aggressive tax schemes were made infamous by the involvement of the comedian, Jimmy Carr.

     When HMRC outlawed the schemes, the association sued his client for breach of implied confidentiality.

     The rules governing pre-action conduct as set out in Practice Direction for Pre-action Conduct (PDPAC) had been completely ignored; no adequate Letter before Action had been sent to the client and therefore the client did not know the extent of the case against them.

     David first made enquiries at Companies House and established that the claimant company was virtually insolvent. It was a great concern for a professional partnership to be on the receiving end of legal proceedings, especially when the proceedings appeared to be without merit.  David immediately sent correspondence to invite the provision of voluntary security for costs, ie to cover the client’s costs if the claimant was unsuccessful.

     As the claimant had failed to substantiate its claim, a voluntary request for further information and for documentation was made.  This was ignored. Applications were made to the Court to strike out the claim and/or seek summary judgment (in reverse) with an alternative application for security for costs.  The costs were assessed for security purposes at over £20,000 for the first stage in the litigation and if successful, that amount of money must be provided by the claimant in order for it to continue with the action. 

     The immense pressure of these applications upon the claimant caused it to discontinue proceedings.  A discontinuance is always on the basis that costs will be paid and the client received a large contribution towards its costs.  

     Therefore, the proceedings brought against the professional firm client were brought to an early conclusion to the relief of the client.

 

Testimonials

  • "Whenever I need commercially sound and authoritative legal advice, I turn to David Whiting and his team at Spratt Endicott. With them, I know they will tell me honestly where I stand, recommend a course of action that is in my best interests and see the matter through professionally and diligently. I have no hesitation in recommending David or his colleagues to anyone wanting first class and professional legal services."

    Marc Ingram
    (CEO), Ioniq Capital Partners Ltd
  • "I have known and worked with David for several years, he even trained a friend of mine! I have always found David to be a pleasure to work with, and he demonstrates a professional yet friendly manner. Whilst I have no doubts that I have tested his areas of expertise he has always been able to offer quality advice and support when required. David is consistently sensible in terms of billing his time and and always appears to demonstrate a high degree of integrity. It has been a pleasure to have known David for all these years and I have no doubt we will continue to utilise his services in the future."

    David Bickley
    (Finance Director), Arden Windows
  • "I have worked with David for over twenty years and he has acted for me in a number of insolvency matters, both contentious and non-contentious, with a high degree of success. His advice has always been both pragmatic and commercial. He has always exhibited exceptional professionalism in every matter which has handled for me. I have no hesitation in thoroughly recommending David's services."

    John Harlow
    (Director), John Harlow Insolvency

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