David Mohyuddin QC

Call 1999 Silk 2016

David’s practice in Silk covers general commercial litigation matters, corporate and personal insolvency, company law, fraud and asset recovery, banking and claims brought against professionals.

Described as ‘technically excellent’ he is ‘fantastic to work with’ and ‘very aware of the practical and commercial context of his advice.’ He is popular with clients as he is ‘easy to get on with and takes a very collaborative approach, which is refreshing for a silk.’ He recognises the practical and commercial problems faced by his clients and the need to achieve the speedy and cost-effective resolution of their legal disputes, whether consensually, at trial or by way of interim application. A ‘silk who gets his hands dirty’ and a ‘star performer,’ he is just as comfortable in multi-day trials in complex and high-value claims as he is making urgent applications (whether by way of freezing or other order, having significant experience of making applications without notice and the responsibilities that arise) and advising those already involved in or contemplating becoming involved in litigation.

Examples of his work include:

  • representing the defendants to a £2m claim brought by liquidators arising out of the entry by a company into employee-benefit trusts and an interest-in-possession fund (Toone v Ross [2019] EWHC 2855 (Ch))
  • defending an insolvency practitioner accused of having given false evidence at an earlier trial (Horler v Rubin [2019] EWHC 660 (Ch) and [2019] EWHC 2487 (Ch))
  • appearing for the respondent barrister and his clerk in the Court of Appeal to resist the appeal against the conclusion that his pre-2013 fees were an honorarium and not property which passed to his trustee-in-bankruptcy (Giwnnutt v George [2019] EWCA Civ 656)
  • resisting an appeal in which it was suggested that a judgment could be set aside on the grounds that it had been obtained by fraud without the need to bring fresh proceedings (Terry v BCS Corporate Acceptances Ltd [2018] EWCA Civ 2422)
  • acting for the majority of the defendants to a liquidator’s claim alleging a £14m fraud including dealing with assertions of de facto and shadow directorships and applications for freezing injunctions, security for costs and committal (Absolute Living Developments Ltd (in liquidation) v DS7 Ltd [2018] EWHC 1432 (Ch) and [2018] EWHC 1717 (Ch))
  • advising and representing a major local authority in respect of a dispute with the developer of a strategically important site in the city (China Town Development Company Ltd v Liverpool City Council [2017] EWHC 3347 (Ch))
  • preparing the respondent’s skeleton argument on an appeal on the question whether in order to give notice of intention to appoint an administrator out of court a company or its directors did not need to have at that point a settled intention to appoint an administrator or whether it was sufficient that the company or directors saw the appointment of an administrator as a second best choice in the event that other contemplated schemes did not work out (JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2017] EWCA Civ 267)
  • defending a company director accused of wrongful trading where the liquidator sought to recover more than £2m (Nicholson v Fielding, 2017)
  • appearing at trial for the company claimant to recover a loan made to its former director involving the cross-examination of expert witnesses on the value of alleged security for the loan (Autocal Holdings Ltd v Jeffery [2017] EWHC 907 (Ch))
  • obtaining permission to appeal and to rely on fresh evidence (Kang v Singh [2017] EWHC 598 (Ch)) and then successfully appealing an order for possession made in proceedings between English and Canadian parties
  • representing the trustee in bankruptcy in the only reported case on the recovery of excessive pension contributions in bankruptcy (Stanley v Wilson [2017] BPIR 227)
  • successfully defending a shareholder dispute on a preliminary issue about the effect of an earlier compromise agreement (Utilise TDS Ltd v Davies [2016] EWHC 2127 (Ch))

Having been Junior Counsel to the Crown from 2007 until his appointment to Silk, David has vast experience of work for the Secretary of State and the Official Receiver with particular emphasis on public interest and directors disqualification. He advised and represented the Official Receiver throughout the liquidation of Sahaviriya Steel Industries (UK) Limited, which operated the Redcar Steelworks. That work included making the first application under the then very recently reframed Insolvency Act 1986, section 233 [2015] EWHC 2877 (Ch) and advising on all aspects of the liquidation.

Prior to taking Silk, David led in the Court of Appeal for one of the respondents in Denton v White [2014] EWCA Civ 906, dealing with the proper approach to be taken on an application for relief from sanction under CPR 3.9.

In 2017, David became the General Editor of Schaw Miller and Bailey on Personal Insolvency. He is a regular speaker at R3 seminars.

  • What the directories say
    • Very bright and a great team player. He is very personable and gets the right balance between being aggressive but also pragmatic and sensible when needed. David is fantastic to work with – on top of being technically excellent he is extremely user-friendly and very quickly builds up a great rapport with clients. Technically sound and very aware of the practical and commercial context of his advice.Chambers & Partners UK
    • He produces good skeleton arguments.Chambers & Partners UK
    • He sets a position out very clearly and his advocacy is excellent in court. He is easy to get on with and takes a very collaborative approach, which is refreshing for a silk.Chambers & Partners UK
    • Technically excellent in his advice while providing a commercial focus. My go-to: very considered, calm and easy to work with.Chambers & Partners UK
    • A relatively young silk who’s highly knowledgeable and a good choice if you need some aggression to be injected into a case.Chambers & Partners UK
    • David is fantastic to work with – on top of being technically excellent, he is extremely user-friendly and very quickly builds up a great rapport with clients. He is extremely personable, bright and gets to the heart of issues very quickly.Chambers & Partners UK
    • He’s very down to earth and happy to take calls at any time. He’s very useful as he gets you over any initial hurdles you might have.Chambers & Partners UK
    • He’s extremely bright, but at the same time has the ability to engage with clients. He’s absolutely fantastic – he’s a real team player.Chambers & Partners UK
    • He is clever, authoritative and willing to buy into the case and be part of the team. Extremely precise in court.Chambers & Partners UK
    • He is very forensic and analytical in his approach and his arguments are very well put together. A very personable type and he is good on his feet.Chambers & Partners UK
    • He’s very well prepared and his papers are immaculate – he thinks outside the box. He’s excellent, very proactive, bright, tactical and frankly very cost-effective.Chambers & Partners UK
    • Decisive and thorough, he displays an intricate knowledge of the law and applies it brilliantly. An excellent strategist.Chambers & Partners UK
    • A renowned insolvency barrister with a strong reputation in the adjacent field of commercial chancery.Chambers & Partners UK
    • He has the gift of being able to condense an argument where others would be overly verbose. His skeleton arguments are always spot-on and to the point and he has a very persuasive advocacy style.Chambers & Partners UK 2016
    • Proficient senior junior adept in a variety of commercial and insolvency work, including commercial fraud matters. Assists with high-value cases of legal importance, including Court of Appeal briefs.Chambers & Partners UK
    • He has in-depth knowledge. He is also very straightforward and very down-to-earth.Chambers & Partners UK
    • Really user-friendly. He rolls up his sleeves, gets involved and is prepared to put his neck on the line and back his judgement, which he always comes through on.Chambers & Partners UK 2016
    • He is decisive and thorough, he displays intricate legal knowledge and he crafts the perfect legal strategy for the client.Chambers & Partners UK 2016
    • He is at the top of our list for instructing.Chambers & Partners UK
    • He is always very thorough and well prepared, and he is fantastic on his feet. He is a match for any insolvency barrister on the Northern Circuit.Chambers & Partners UK
    • He is superb on his feet, very bright and highly recommended for commercial matters. Chambers & Partners UK 2015
    • A real expert in insolvency matters.Chambers & Partners UK
    • A silk who gets his hands dirty.Legal 500
    • A forceful advocate with a great client manner.Legal 500
    • A star performer.Legal 500
    • An extremely capable and forceful advocate.Legal 500
    • Tactically excellent; he is liked and respected by clients.Legal 500
  • Cases of interest
    • Toone v Ross [2019] EWHC 2855 (Ch) – representing the defendants to a £2m claim brought by liquidators arising out of the entry by a company into employee-benefit trusts and an interest-in-possession fund
    • Horler v Rubin [2019] EWHC 660 (Ch) and [2019] EWHC 2487 (Ch) – defending an insolvency practitioner accused of having given false evidence at an earlier trial
    • Giwnnutt v George [2019] EWCA Civ 656 – appearing for the respondent barrister and his clerk in the Court of Appeal to resist the appeal against the conclusion that his pre-2013 fees were an honorarium and not property which passed to his trustee-in-bankruptcy
    • Terry v BCS Corporate Acceptances Ltd [2018] EWCA Civ 2422 – resisting an appeal in which it was suggested that a judgment could be set aside on the grounds that it had been obtained by fraud without the need to bring fresh proceedings
    • Absolute Living Developments Ltd (in liquidation) v DS7 Ltd [2018] EWHC 1432 (Ch) and [2018] EWHC 1717 (Ch) – acting for the majority of the defendants to a liquidator’s claim alleging a £14m fraud including dealing with assertions of de facto and shadow directorships and applications for freezing injunctions, security for costs and committal
    • China Town Development Company Ltd v Liverpool City Council [2017] EWHC 3347 (Ch) – appeared for Liverpool in a dispute with the developer of a strategically important site in the city
    • Nicholson v Fielding (2017) – successfully defended a company director accused of wrongful trading where the liquidator sought to recover more than £2m
    • Autocal Holdings Ltd v Jeffery [2017] EWHC 907 (Ch) – appeared at trial for the successful company claimant seeking to recover a loan made to its former director involving the cross-examination of expert witnesses on the value of alleged security for the loan
    • Kang v Singh [2017] EWHC 598 (Ch) – obtained permission to appeal and rely on fresh evidence and then appeared for the successful appellants in possession proceedings between English and Canadian parties
    • Stanley v Wilson [2017] BPIR 227 – appeared for the trustee-in-bankruptcy in the only reported case on the recovery of excessive pension contributions
    • 2017 – appeared on behalf of a major utilities provider in proceedings brought against a sub-contractor and its directors in respect of over-charging involving obtaining a freezing injunction and then going on to achieve a compromise soon after
    • Utilise TDS Limited v Davies [2016] EWHC 2127 (Ch): appeared for one of the defendants in the substantive proceedings and succeeded in having the claim against him dismissed based on the true effect of an earlier compromise agreement made between the claimant and another defendant
    • Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd [2015] EWCA Civ 76; [2015] Bus. L.R. 959; [2015] E.C.C. 12; [2015] C.T.L.C. 8– appeared for the Secretary of State
    • Utilise TDS Ltd v Davies [2014] EWCA Civ 906; [2014] 1 W.L.R. 3926; [2015] 1 All E.R. 880; [2014] C.P. Rep. 40; [2014] B.L.R. 547; 154 Con. L.R. 1; [2014] 4 Costs L.R. 752; [2014] C.I.L.L. 3568; (2014) 164(7614) N.L.J. 17 (part of the Denton v TH White Ltd appeals) – leading (as a junior) for the respondent in the Court of Appeal when three cases were heard together and fresh guidance was issued on the way in which CPR 3.9 was to be applied on applications for relief from sanction, following the decision in Mitchell v News Group Newspapers Ltd
    • Taylor v Lee (2014) – obtained order striking out allegation of (in effect) professional negligence against an insolvency practitioner
    • Montpellier Estates Ltd v Leeds City Council [2012] EWHC 1343 (QB); [2012] EWHC 166 (QB) – successfully defending huge deceit claim (valued at in excess of £35 million; trial lasted 35 days) brought in the context of the procurement exercise for the Leeds Arena
    • The Sonae Group Ltd (2013) – obtained order setting aside freezing injunction obtained without notice against insured defendant to group (about 15,000) personal injury claims
    • Certain Exhibitions Ltd [2013] EWHC 4165 (Ch); [2014] 2 All ER 1019; [2014] Bus LR 597; [2014] BCC 143; [2014] BPIR 416; [2014] RA 123 – treatment of business rates in CVA and whether accrued due for whole year or instalment-by-instalment
    • Willett v Economy Power [2012] EWCA Civ 1164; [2012] BPIR 1298
    • Williams v Mohammed [2011] EWHC 3293 (Ch); [2011] BPIR 1787; [2012] BPIR 238 – obtained order for production of solicitor’s file note of advice given to bankrupt; legal professional privilege overridden by fraud; warrant for seizure of documents obtained
    • Halliwells LLP (2010): advising together with Leading Counsel in respect of a major firm of solicitors.
    • Booth v Mond [2010] EWHC 1576 (Ch); [2010] BPIR 1111 : an application for a direction whether arrears of payments due under an income payments agreement fell within a subsequent bankruptcy.
    • BA Peters PLC [2010] 1 BCLC 110
    • Suburban Style Bar Company Ltd (2009): acting on behalf of administrators to recover c £3m worth of assets.
    • Cathedral Court (Blackburn) Ltd (2009): acting on behalf of administrators and their appointor in resisting application to remove them pursuant to para 81 of Sch B1 to the Insolvency Act 1986.
    • Abacrombie & Co Ltd [2008] EWHC 2520 (Ch): acting on behalf of Secretary of State in a public interest winding up petition heard over 5 days.
    • OMP Leisure Ltd [2008] BCC 67
    • Quinn v Mehta [2006] All ER (D) 163 (Jun). Re a Company [2005] All ER (D) 60 (Feb). Kwik Save Group of Companies
    • Homeform Group of Companies (Sharps, Möben, Dolphin). Almidani (for the bankrupt) [2006] B.P.I.R. 620
    • The Accident Group Ltd
  • Qualifications & appointments
    • Recorder (2018)
    • Silk (2016)
    • Junior Counsel to the Crown (2007-2016)
    • Advocacy Tutor Trainer (Lincoln’s Inn)
  • Professional memberships
    • Chancery Bar Association
    • Insolvency Lawyers’ Association
    • Association of Business Recovery Professionals (Fellow)
    • COMBAR
    • Professional Negligence Bar Association
    • Northern Chancery Bar Association
    • Northern Circuit Commercial Bar Association
    • Northern Circuit
  • Education

    Bolton School

    University of Birmingham

  • Languages

    French (basic)

  • Past seminars & events

    Seminar papers and talks are given regularly on cases of interest, issues raised by clients and developments in substantive law and procedure

  • Personal interests

    Being outdoors, most sports, politics, taking photographs, eating and drinking

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