David di Mambro

Year of Call:
1973

Email:
ddim@radcliffechambers.com

Commercial Chancery section, The Legal 500 2008: "The set's intellectual acumen can be seen in...the procedural knowledge of David di Mambro."

Property section, The Legal 500 2008: "Radcliffe Chambers is a customer-friendly set of chambers...David di Mambro is able to get to the root of the problem and is a useful mediator and...a senior editor of the Green Book."

David practises in Commercial Law and Property Law.

His commercial practice includes commercial contracts (particularly guarantees), construction of contracts (in which he has particular expertise and experience), jurisdictional and applicable law problems, confidentiality and arbitration.

He has extensive experience of fraud and breach of fiduciary duty cases and is regarded as an accomplished and penetrating cross-examiner.

His property practice includes mortgages, landlord and tenant, easements, restrictive covenants, contracts for the sale of land and associated professional negligence. He has particular experience in party wall disputes and is a member of the Pyramis and Thisbe Club.

He is a Chartered Arbitrator. He acts as mediator and has extensive experience of the mediation process generally. He is a Member of the Panel of Mediators of the Chartered Institute of Arbitrators. References are available on request.

He is the Senior Contributing Editor to the Civil Court Practice, General Editor of Tottel’s Law of Limitation and the Editor-in-Chief of Butterworths’ The Caribbean Civil Court Practice.

He is admitted to the Bar in The British Virgin Islands and in Saint Vincent and The Grenadines. He has extensive experience in the Caribbean: please see below for details.


Recent Cases:

Re: Bernard [2010]: (with Sir Fenton Ramsahoye Q.C.) Judicial Committee of Privy Council):conflict between CPR 20 of Trinidad and section 20 of the Supreme Court of Judicature Act of Trinidad in relation to restriction on amendment after first case management conference; meaning of "change of case" in TT CPR.

Edscer v Fordham [2010]: before The Chancellor; successfully resisted appeal against decision of Chief Adjudicator of H.M. Land registry in respect of findings of fact, equitable easement by estoppel and applicability of rule 258 land Registration Rules.

X v Y [2008] (Moscow Court of Arbitration) produced expert report on applicable law in relation to sub-contract connected to $600m construction contract in Middle East which was approved and followed by the Court.

East Caribbean Flour Mills v Boyea (Civil Appeal 12 of 2006) (East Caribbean Court of Appeal) breach of fiduciary duty; use of witness statements to supply particulars of fraud.

Hinde House v Starclass [2007] (Central London) notice provisions under LTA 1987 where complex sale of interests; discretion under s 19(1) and (3).

F v M [2006] (Commercial Court) appeal in relation to arbitration award in respect of a $33m claim concerning polyester plant in Russia.

Pearce v Elecheck [2005] Ch D breach of confidentiality, infringement of copyright and database right.

Lloyds TSB Bank plc v Hayward [2005] EWCA Civ 466 (CA) guarantee - discharge for variation of contract with principal debtor - on true construction of refinancing agreement principal debtor clause in existing guarantees varied so that rule in Holme v Brunskill applied - appeal court refused to interfere with trial judge's findings of fact.

Lloyds TSB Bank plc v Hayward [2002] EWCA Civ 1813 (CA), LTL 12/12/02 guarantee - discharge for variation of contract with principal debtor - failure to make findings as to key fact.

Clinton Cards (Essex) Ltd v Sun Alliance and London Assurance Co Ltd [2002] 29 EGCS 150; [2002] 37 EG 154 scope of landlord's duty under Landlord and Tenant Act 1988. In this case the Judge commented on counsel's penetrating cross examination.

Publications:

• Specialist Editor, Butterworth's Hill and Redman's Law of Landlord and Tenant


• Senior Contributing Editor, Butterworths Civil Court Practice (The "Green Book")


• Editor-in-Chief of The Caribbean Civil Court Practice (Butterworths)


• General Editor, Butterworths Law of Limitation


• General Editor, Butterworths Manual of Civil Appeals


• General Editor and Contributor, Butterworths Civil Court News


• Contributing Editor, Atkins Court Forms: CPR


• Contributing Editor, Atkins Court Forms: Appeals (CPR)


• Contributing Editor, Atkins Court Forms: Service of Documents

Appointments and Qualifications:
• Read Law at King’s College, University of London

•Fellow of the Society for Advanced Legal Studies

•Chartered Arbitrator

•Fellow of Chartered Institute of Arbitrators

•Accredited Mediator (ADR Group) and Member of the Panel of Mediators of the Chartered Institute of Arbitrators

•Admitted to the Bar of The British Virgin Islands

•Admitted to the Bar of Saint Vincent and The Grenadines

•Appointed to the Civil Procedure Rule Committee September 2004 and re-appointed for a further term with effect from September 2007.


Professional Memberships:

• Chancery Bar Association

• Property Bar Association

• Pyramis and Thisbe Club.


Seminars and other activities in the Caribbean:


• Bahamas: October 2009 to March 2011: engaged as sole consultant to Chief Justice to produce a draft CPR, Practice Directions, Protocols and Consultation Paper.

• St Lucia July 2009: revision of the ECSC CPR and drafting of new Practice Directions.

• Guyana: October to November 2008: sole consultant to The Chancellor to produce a draft CPR for Guyana

• Barbados: May 2008 Seminars for Bar Association: appeals, privileged evidence and disputing jurisdiction.

• Barbados: May 2008: Seminar for Judges only: case management

• BVI: May 2008: at invitation of BVI Bar Association: papers on disputing jurisdiction, grounds of appeal and recent developments on the CPR

• St Lucia September 2008: panel member in a symposium by the ECSC Judicial Education Institute

• Barbados September 2008: 1½ days of seminars: an Introduction to the CPR and Workshop.

• OECS: Bar Conference September 2007: presented paper on use Of Practice Directions and Protocols and CPR generally with The Master of the Rolls.

• Barbados: September 2007: Introduction to CPR Seminar and Workshop for Judiciary and Bar

• ECSC: Judges Conference: August 2007: presented a paper on pre-Action Protocols and Practice Directions and participated in the conference generally.

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