"He is a details man but at the same time an extremely able and polished advocate in an understated manner which judges like.

Legal 500 UK Bar 2020

"He is ferociously bright, charming and fantastically good with clients.

Chambers UK Bar 2019

Practice Overview

David Eaton Turner specialises in company law, corporate and personal insolvency, commercial fraud, banking, commercial litigation and related professional negligence matters.

He is regularly instructed in relation to shareholder disputes, and by liquidators, administrators and trustees in bankruptcy, and by banks and their customers in relation to securities, commercial fraud and asset recovery, and with regard to confidential information, partnership, sale of goods and other contractual and commercial matters.

He is listed as a leading junior in the current editions of Chambers & Partners (Chancery: Commercial; Company; Restructuring/Insolvency) and Legal 500 (Company; Insolvency).

He has been called to both the Bar of Gibraltar for specific cases, and to the Bar of Eastern Caribbean Supreme Court, in the territory of the British Virgin Islands. He has also been appointed a Recorder (Civil). 

He regularly represents clients at mediations, especially in relation to shareholders’ disputes.

David is qualified to accept Public Access instructions and does so in appropriate matters.

 

  • Commercial Litigation

    David regularly acts in commercial disputes, especially those involving company law aspects, and issues of fiduciary duties.

    He acted in a leading case involving a long-term distribution agreement for fragrances produced by ITC bearing the name "Manchester United". The court adopted a fairly broad and purposive approach regarding the circumstances in which good faith obligations might be implied in long-term contractual relationships, raising expectations that the courts may be open to an overarching duty of good faith being implied more widely: Yam Seng Pte Ltd v International Trade Corp Ltd [2013] 1 Lloyd's Rep.526.   The judgment has been the subject of numerous academic articles and seminars, and considered in a number of subsequent Court of Appeal cases.

    Other experience includes:

    • A dispute between BVI, Cayman and Jersey SPVs regarding investments in offshore Investment Funds, and the tracing of the proceeds of loans
    • A dispute between a charitable foundation and its former Chief Executive over loans made to the foundation and payments out of charitable funds.
    • RBS v Fielding [2004] EWCA Civ 64 CA, acting for the Royal Bank of Bank. 

    Directory acknowledgments include: 

    "He is very supportive and insightful." "Excellent in court."

    Chambers UK Bar 2021 – Chancery Commercial

    "He is the most charming and gentlemanly opponent, and is very clever and respectful"
    Chambers Global 2017

    "An exceptional junior, whose grasp of complex cases is very impressive."
    Legal 500 2016 - Commercial Litigation - Leading Junior

    "He is impeccable in his preparation, and has a sixth sense of what the court will require"
    "When I have a horrible problem I will go to him";
    "A superb advocate who tailors his style to meet the requirements of the judge" 

    Chambers UK and Global Bar - Restructuring/Insolvency - Leading Junior

    "He is superb in terms of both written advice and advocacy. He can explain things simply to clients, and his advocacy is tailored to meet the requirements of the judge." 
    Chambers Global - Commercial Dispute Resolution

    "Deep technical knowledge, allied to a calm and efficient manner"
    Legal 500 - Commercial Litigation - Leading Junior 

  • Company & Partnership

    David has wide experience in company matters, with particular expertise in shareholders’ disputes and unfair prejudice claims.  He is also instructed in, for example, claims involving allegations of breach of directors’ fiduciary duties, and in disputes relating to share sale agreements.

    Since 2018 David has been acting in Fondation Rennes v DVP, Juno Nominees Ltd and Juno Fund Services Ltd and other related proceedings in the Supreme Court of Gibraltar representing two defendants to multi-party claims brought by investors in relation to shares in protected cell investment companies.  Allegations include breach of duty as constructive trustees, breach of statutory duties, and of duties arising under company articles.

    In Enterprise Insurance Co (in liquidation) v EHL and others David is acting for a former finance director of Enterprise Insurance Company Ltd in relation to contribution claims brought against him by other former directors following commencement of claims against them by the Joint Liquidators of the insurance company.  The case will explore the propriety of a ‘triangular’ structure adopted by many insurance companies in Gibraltar, and approved by Gibraltar’s Financial Services Commission, whereby a long-term agreement is entered into between an insurance company and a related services company, for the provision of fixed payments to the services company, and the duties of directors in such circumstances.

    In 2012 – 2016 he acted for a group of defendants to proceedings brought by the liquidators of Goldtrail Travel Limited against counterparties to transactions with the sole director and 100% shareholder of Goldtrail to recoup what were alleged to be company monies; allegations of dishonest assistance in breach of director’s fiduciary duties: Goldtrail Travel Limited v Black Pearl Investments Ltd [2015] 1 BCLC 89.

    In Shepherd v Williamson, Re Phoenix (Contracts) Leicester Limited [2010] EWHC 2375 (Ch) David acted for the successful Petitioner in a bitterly contested shareholders’ dispute.  By the time of the hearing the Company was in administration.  As a result the date of valuation of the shares was of great importance.  David succeeded in achieving an order that the Petitioner’s shares should be purchased by the Respondent, and that the valuation of the shares should be back-dated by nearly three years. Further successful proceedings in bankruptcy against the Respondent followed: Raithatha v Williamson [2012] 1 WLR 3559.

    Other recent experience includes:

    • Acting in a dispute between shareholders as to the validity and effect of the issue of redeemable preference shares
    • Advising on the effect of a deed of priorities entered into between a group of debenture holders

     

    Directory acknowledgments in this area include:

    "David is very approachable and will go the extra mile in not only answering the question that has been asked but identifying and answering the question that ought to have been asked."

    Chambers & Partners – UK Bar – Company 2021

    “Very good in assimilating a lot of background facts and providing a detailed written advice.”

    Legal 500 - 2021

    "He is extremely bright, excellent on his feet and he has a huge capacity to keep working which is very impressive." "The best compliment that can be paid is when an opponent tells you they envy your choice of counsel." 
    Chambers UK Bar 2016 - Company

    "He provides wise judgment"
    Legal 500 2016 - Company & Partnership - Leading Junior

    "Deep technical knowledge allied to a calm and efficient manner.'
    Legal 500 - Company & Partnership

    "He is technically strong, responsive and good on his feet, and has an excellent eye for detail" "
    He is hugely knowledgeable on company disputes, always makes himself available and is generally a dream to work with."
     
    Chambers UK Bar
    - Company - Leading Junior

  • Insolvency

    David acts regularly in insolvency matters, both corporate and personal, instructed by liquidators, administrators and trustees in bankruptcy, by banks and their customers in relation to securities, and by directors and shareholders and other counterparties to proceedings by and against officeholders.

    David is currently acting for trustees in bankruptcy appointed by the Supreme Court of Gibraltar in relation to a claim under the Fraudulent Conveyances Act 1571 (the Gibraltar equivalent of s 423 Insolvency Act 1986).

    In Anglo Irish Bank Corp v Flannery [2013] BPIR 1, David acted for an Irish national, resident in Andorra, successfully arguing that the court should not have ordered service on him out of the jurisdiction pursuant to s 265(1)(c)(ii) IA 1986. 

    In Re Pioneer Iron & Steel Company Ltd (2010 – 2011) David represented a group of creditors based in Hong Kong in the US$ billion liquidation of a BVI company, with substantial interests in the iron ore business in China. Issues arose as to the lawfulness and priority of dividends under BVI company and insolvency law, interaction with Hong Kong courts and the removal of the liquidators for misconduct.

    In Re BCCI (No. 15), Morris & Ors (Liquidators of BCCI) v Bank of India [2005] 2 BCLC 328, Times Law Reports, 19 July 2005, a fraudulent trading claim, David acted for the liquidators, obtaining judgment for US$82m (2003-2004), and successfully opposing the Bank of India's appeal (2005).

    Recent experience includes:

    • Acting for defendants to proceedings brought by liquidators of Husky Group Ltd under s. 238 (transactions at an undervalue) and s. 423 (transactions defrauding creditors) of the Insolvency Act 1986; an important decision on the relevance of hindsight in establishing solvency at the time of the impugned transaction: Watchorn (Liquidator of Husky Group Limited) v Jupiter Industries Limited [2015] BPIR 184 (and on costs, [2015] 3 Costs LO 337).
    • An application for the appointment of provisional liquidators to protect a company’s main asset, being software worth some $7m.

    Directory acknowledgments include:

    "He leaves no stone unturned, is excellent on technical matters and is fantastically thorough." "He's just outstanding and knows insolvency law inside and out."

    Chambers & Partner – UK Bar – Restructuring/Insolvency – 2021

    “Excellent forensic skills, crisp drafting, speed of response and excellent client care. Very user friendly and popular with clients. Great communicator.”

    Legal 500 – Insolvency - 2021

    "A brilliant technical lawyer with a good understanding of insolvency matters. He reliably delivers results."
    Chambers UK Bar & Chambers Global 2017 - Insolvency

    "He has an excellent courtroom manner and works well under pressure and with difficult clients"
    Legal 500 2016 - Insolvency - Leading Junior

    "is a barrister of the highest quality... a careful and considered advocate, who succeeds through impeccable logic and development of an argument... he deals with difficult work promptly. Sophisticated clients respect him and accept his advice without question."
    "One of the nicest people at the Bar and also an excellent advocate."

    Legal 500 – Insolvency - Leading Junior

    "The well known David Eaton Turner is totally charming and very clever".
    Chambers UK and Globar Bar - Restructuring/Insolvency

  • Offshore

    David was called to the Bar of Eastern Caribbean Supreme Court, in the territory of the British Virgin Islands in 2010, and has been called to the Bar of Gibraltar for a number of specific cases. 

    Since 2018 David has been acting in Fondation Rennes v DVP, Juno Nominees Ltd and Juno Fund Services Ltd and other related proceedings in the Supreme Court of Gibraltar representing two defendants to multi-party claims brought by investors in relation to shares in protected cell investment companies.  Allegations include breach of duty as constructive trustees, breach of statutory duties, and of duties arising under company articles.

    Re Pioneer Iron & Steel Company Ltd (2010 – 2011) David represented a group of creditors based in Hong Kong in the US$ billion liquidation of a BVI company, with substantial interests in the iron ore business in China. Issues arose as to the lawfulness and priority of dividends under BVI company and insolvency law, interaction with Hong Kong courts and the removal of the liquidators for misconduct.

    Other offshore experience includes:

    • Advising Hong Kong based companies in relation to contractual claims subject to a Singapore arbitration clause
    • Advising a Gibraltar-based investor as to claims against a Gibraltar bank.
    • Advising in relation to the liquidation of a group of Gibraltar-based insurance companies.

     

     

  • Additional Information

    Qualifications / Education

    Westminster School

    LLB Hons, University of London, Queen Mary College

    Called to the Bar by Lincoln’s Inn (1984)

    Called to the Bar of Eastern Caribbean Supreme Court, in the territory of the British Virgin Islands in 2010.

    Called to the Bar of Gibraltar for specific cases


    Professional Appointments

    Appointed a Recorder (Civil) 2010


    Memberships

    Chancery Bar Association
    COMBAR
    PNBA


    Languages

    French (working knowledge)