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Damian joined Chambers in 2006 prior to which he was with 11 Stone Buildings in London.
Damian is an expert in all aspects of e-disclosure / electronic disclosure / discovery. He runs the website, "Almost Everyone's Guide to E-Disclosure" at www.edisclosurelaw.com.
Damian appears regularly in the High Court and County Court in cases across almost all of Enterprise Chambers’ practice areas with a particular emphasis on commercial and insolvency matters.
For the past 2½ years, Damian has been engaged in a major competition / commercial action (EWRG & CEF v Philips Electronics UK and GE Lighting and others) concerning allegations of price fixing and abuse of a dominant position in the markets for the sale and recycling of lamps. The case centred on the Waste Electrical and Electronic Equipment Directive (the WEEE Directive).
Damian’s pre-Bar career as a management consultant at Accenture (with extensive knowledge of project management and IT) was the catalyst for his running of the major electronic disclosure / e-disclosure exercise for the duration of the action. Damian’s e-disclosure expertise includes areas such as keywords, data custodians, review platforms and large scale outsourced electronic document review.
Notable Cases
EWRG & CEF v Philips and others [2012]: instructed as part of a counsel team led by Jon Turner QC on this competition law action including various interim applications Sir John Fitzgerald Ltd v Macarthur [2009] EWHC 2659 (QB), including the costs judgment at [2009] EWHC 3399 (QB). Laureys v Earl [2005] All ER (D) 96 (Nov); Themistokli v Spyrou [2005] EWHC 1822 (Ch);
Areas of Emphasis
Commercial
As a former management consultant, Damian has real business experience which he combines with his deep understanding of commercial and chancery law in order to provide his clients with legal advice and representation that is practical and commercially focused. Damian has extensive experience in the world of IT implementation and is an expert in electronic disclosure (e-disclosure).
Insolvency
Damian practises in all areas of personal and corporate insolvency including transaction avoidance and misfeasance applications, administrations and restraint of advertisement petitions. Damian regularly advises and lectures on the tension between family law and insolvency law. Damian recently successfully represented a Trustee in Bankruptcy seeking an order for compensation under s421A of the Insolvency Act 1986 (an area without a reported case) which included judgment on the “exceptional circumstances” test as it applied to s421A.
Chancery
Damian’s chancery practice is wide ranging. Recent work includes successfully defeating a claim for rectification of a deed; obtaining relief for a disappointed joint venturer and advising a commercial tenant on his landlord’s liability for defects in the landlord’s adjacent property.
Company
Damian’s experience and knowledge in this area together with his characteristic commercial acumen are proving him one of the North East’s people to watch for company matters. He advises and acts for shareholders and directors, investors, partners and insolvency practitioners in contentious and non-contentious company law. Damian recently advised a county council on the corporate structures it had established to hold its housing stock.
Publications / Articles
Damian's article "What's on the Menu for Disclosure", jointly authored with Kroll Ontrack, has been published in the June 2013 issue of Counsel Magazine. A Summery is available on Lawtel.
Damian's article "e-Disclosure the Quest for the Smoking Gun" has been published in Trinity term issue of the Barrister Magazine.
Career & Associations
Chancery Bar Association
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