David Berkley QC

Profile

A highly effective and client-friendly trial advocate, David Berkley has been advising and representing clients in business disputes for more than 20 years and as such has established a substantial practice in the North West of England.

As a member of Tanfield Chambers, David’s experience is now accessible to clients in London and the South East Region and is available to conduct consultations at Chambers.

Experience

David has significant experience within most areas of Business & Commercial, Property and Employment law and has handled substantial Professional Negligence cases. He has more recently developed a reputation in Regulatory and Professional Ethics matters.

Business & Commercial

David has a client focused approach to dispute resolution with an eye to the commercial outcome. He advises and represents medium and large sized businesses and high worth individuals as well as providing advice to finance houses, lenders and borrowers.

Property

Advises on commercial leases, rent reviews and renewals as well as handling complex property litigation.

Employment

Regularly advises employers’ organisations and trade unions on a broad range of issues including TUPE, Equal Pay and Discrimination. Appears as advocate in the Employment Appeal Tribunal.

Professional Negligence

Largely claimant work in the areas of Solicitors, Accountants, and Surveyors negligence. Member of the Professional Negligence Bar Association.

Regulatory

Consulted by Solicitors, Accountants and Claims Management Companies in relation to compliance issues and disciplinary proceedings. Well regarded for his practical and authoritative manner in handling sensitive cases. References available on request.

Significant Cases

An indication of the range of cases over last five years. For a full list please contact Kevin Moore, Senior Clerk at Tanfield Chambers.

Property

Russell v Finn [2003] EWCA Civ 399 Court of Appeal
Rights of way, Section 62, Law of Property Act 1925

Goldmile Properties Limited v Speiro Lechouritis [2003] EWCA Civ 49
This case determines that a landlord carrying out repairs under a repairing covenant had to take all reasonable steps to avoid breaching the covenant for quiet enjoyment and not all possible steps

Players Club (UK) Limited  [May 2008]
Successful Casino License application for Central Manchester

Doran v Liverpool City Council [Listed July 2008]
Appeal to Court of Appeal relating to the security of tenure of Travellers and Gipsy licensee’s under the Caravan Sites Act 1968

In re China Jazz Worldwide Plc v Secretary of State [2003] EWHC 2665 Patten J
Approach to applications for leave to continue as a Director following disqualification under the Company Director Disqualification Act 1986

K Ltd v National Westminster Bank [2007] 1 WLR 311 Court of Appeal 
Banking practice and the Proceeds of Crime Act 2002

Keisner v Terrus Group Ltd [2006] EWHC 2765 (Ch) Patten J
Specific Performance and Damages for Breach of Share Sale Agreement

Halpern v Halpern [2007] 3 All ER 478 Court of Appeal
Rescission of a contract procured by duress and the requirement for counter-restitution

Employment

Booth v Oldham MBC  [21.05.2004] EAT, Silber J
Meaning of 'disabled person' for the purposes of the Disability Discrimination Act 1995 in cases of mental impairment

Other

Andrew Moore and ors v Care Standards Tribunal and anor [2005] EWCA 627 1 WLR 2979 Court of Appeal
The meaning of 'establishment' and 'care home' for the purposes of the regime imposed by the Care Standards Act 2000

Aurangzeb Iqbal v Legal Services Commission [2005] EWCA 623 Court of Appeal
Appeal concerned the extent to which a failure to pay fees due under section 6 of the Legal Aid Act 1988 could comprise a continuing breach of statutory duty and the limitation period for misfeasance in public office

Referral Agencies Compliance Project
Currently retained by four separate firms of Solicitors to advise and act for them in relation to the Solicitors Regulatory Authority’s initiative

Memberships

Current Chairman, Northern Circuit Commercial Bar Association

Northern Chancery Bar Association

Professional Negligence Bar Association

Qualifications

LLB (Hons) Manchester University

Directory Quotes

'David Berkley QC has developed an interest in music industry litigation within his strong commercial practice'.
Legal 500 2009

'Noted for his commerciality'
Legal 500 2008

'David Berkley QC is a user friendly silk who has a mind for the detail and an eye
to the commercial outcome.'
Legal 500 2007

'David Berkley QC is consistently recommended for his expertise in top
grade commercial litigation.'
Legal 500 2006

Appointments

2000 Appointed Deputy District Judge

2001 Appointed Recorder (Civil)

2007 Appointed Honorary Teaching Fellow, Manchester Metropolitan University