Michael Davie KC
Call 1993 Silk 2010
Instruct Michael
To instruct Michael please contact our clerks on +44 (0)20 7842 5555 or email [email protected].
Michael Davie KC has a broad commercial practice with particular specialisation in:
- Insurance
- Property Damage
- Construction
- Commercial
- Professional Negligence
Michael is named in Thomson Reuters “What do clients want from the Bar” as a highly recommended barrister;
- “Unbelievable attention to detail, delivery of an argument coupled with genuine approachability.”
Insurance
Michael has considerable experience of advising on and appearing in insurance disputes relating to policy construction, non-disclosure, breach of warranty and fraud. He acts for a number of leading insurers.
Featured Insurance cases
Acting for insurers in defence of COVID-19 Business Interruption “At the Premises” claims in the Commercial Court and Court of Appeal including Mayfair Banqueting Limited v AXA Insurance UK Plc one of the six cases heard by the Court of appeal in London International Exhibition Centre Plc v Allianz Insurance Plc and others [2024] EWCA Civ 1026
Advising insurers on COVID-19 Business Interruption claims including late notification
Advising insurers on coverage issues arising out of Grenfell including insurers for the London Fire Brigade
Advising on aggregation
Acting for PI insurers in claims arising out of damage relating to fire safety/cladding issues
Advising insurers on Professional Indemnity Block Notifications
Advising insurers on the effects of project insurance on subrogation rights in relation to flood damage during hospital construction
Acting on behalf of insurers in respect of multiple claims involving damage to motorway barriers and street furniture
Acted on behalf of credit risk insurers in claim arising out of British Steel insolvency
Acting on the Insurance Act 2015
Acting on behalf of property insurer defending claim where certificate of insurance certified reinstatement cover rather than indemnity cover by reason of broker mistake
Appearing at first instance in Mercantile Court and successfully in Court of Appeal in Part 8 proceedings concerning whether motor policy covered property damage claims arising out of motor repairs. R&S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2017] Q.B. 1357
Acting for professional indemnity insurers on single claim/aggregation issues arising out of alleged negligent/fraudulent valuation for lenders of large number of residential properties
Acting on behalf of insurers on policy coverage dispute and meaning of accidental loss in respect of fire caused by mentally ill insured; Dunnage v Randall [2016] Q.B. 639
Acting for insured in broker’s negligence business interruption claim; Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm)
Acting for multinational IT concern on policy coverage issues following declinature on grounds of late notification of IT related claim
Acting for insured in challenging declinature of cover on grounds of failure to take reasonable care in avoiding fire damage
Acted for insurer in a Commercial Court claim arising out of a substantial fire at industrial premises involving alleged breach of waste warranty and condition requiring reasonable care and claims for property damage and business interruption losses
Advising insurers on policy construction and quantum (material damage and business interruption losses) in respect of claim following destruction of commercial premises arising out of Buncefield explosion
Property Damage Claims
Michael has extensive experience of property damage claims. He is particularly experienced in fire damage claims and related business interruption, insurance and professional negligence aspects. His property damage experience also includes flood, spillage and construction related damage.
Featured Property Damage Claims cases
Acting for timber frame contractor in £40m claim against architect and contractors following fire that destroyed a retirement village
Acted for developer and insurer in high value fire and defects contribution claim against architect and employers agent and multiple sub-contractors in respect of cavity barrier issues in 400+ residential properties
Advising insurers and property owners on Grenfell related matters
Acting for insurer in respect of multiple claims under defect insurance policy covering a residential development
Acted for insurer in subrogated claim arising from fire damage to paintings in a commercial art gallery
Acted for maintenance management company in substantial multi-party claim relating to electrical fire at two large retail stores
R&S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2017] Q.B. 1357: Successfully acted for property insurer in Court of Appeal against motor insurer in dispute on whether motor policy responded to substantial fire damage to commercial premises caused during motor vehicle repair
Stoke-on-Trent College v Pelican Rouge Coffee Solutions Group Ltd [2017] EWHC 2829 (TCC): Successfully acted for college against vending machine supplier in fire claim raising sale of goods; breach of statutory duty; electrical fire; causation.
Acted for a water company in respect of numerous claims arising out of damage to residential properties by landslip and contribution claim against contractors and sub-contractors. Successfully settled at 2 day mediation
Acted for electricity distributor in a number of electrical fire claims against distributor and meter operator
Acting for insurer in subrogated claim by main contractor against sub-contractor arising out of defective flooring claim in development project
Acted at first instance and in Court of Appeal on behalf of insurers in fire claim brought against the estate of a party causing fire damage whilst suffering from paranoid schizophrenia; Dunnage v Randall [2016] Q.B. 639. Subsequently advised on similar mental incapacity cases in insurance context
Acted for insurer in defending substantial claim brought against adjacent occupier in respect of fire caused by trespassing third parties
Acted for 40 claimants in respect of fire damage to residential block of flats allegedly caused by counterfeit downlighter
Drake v Harbour [2008] 121 Con. L.R. 18: Acted for successful insurer at first instance and on appeal in case raising causation issues in fire claim
Construction & Engineering
Michael has experience of construction defects claims and construction related insurance disputes.
Featured Construction & Engineering cases
Acted for timber frame contractor in £40m claim against architect and contractors in respect of alleged construction fire safety defects following fire that destroyed a retirement village
Acted for developer and insurer in high value defects contribution claim against architect and employers agent and multiple sub-contractors in respect of cavity barrier issues in 400+ residential properties
Acted for insurer in respect of multiple claims under defect insurance policy covering a residential development
Advising developers in claims under NHBC Rules
Advising insurers on the effects of project insurance on subrogation rights in relation to flood damage during hospital construction
Commercial
Michael’s commercial practice is broad-based and largely relates to commercial contracts and related disputes.
Featured Commercial cases
Advising on commercial contracts and disputes arising from COVID-19
Acting for Secretary of State for Defence in disputes concerning procurement of land based war fighting capabilities
Conducted investigation and produced report on whistleblowing claims of mismanagement in a national organisation
Acted in Commercial Court proceedings for American provider of software and data management services to the healthcare sector in dispute with Saudi Arabian hospital where contract governed by Saudi law
Acted for waste management company in dispute concerning contractual construction of contractual limitation provision and tax warranties in a share purchase agreement
Acted for waste management company resisting claim for rectification of a commercial document in TCC proceedings
Acted for US cosmetics manufacturer against distributor in jurisdiction, termination and notice period dispute
Advising business process outsource provider in claim brought by agent for agency commission
Acted for substantial high street bookmaker seeking restitution of licence fees following change of law on database rights in dispute relating to football fixtures lists, match data, intellectual property rights and database rights
Acted for large telecommunications company in contractual dispute concerning effect on contractual rights of change in law
Acted in multi-jurisdictional contractual dispute in the Chancery Division relating to the right to operate two television channels in Turkey
Acted on behalf of purchaser in Commercial Court dispute relating to breach of warranty claims, time limits and notification of claims under a share purchase agreement
Professional Negligence
Michael has extensive experience of professional negligence cases across most of the main professions with particular focus on those involving insurance brokers, lawyers and surveyors.
Featured Professional Negligence cases
Acted in contribution claim against architect and employer’s agent in relation to the specification and design of fire protection measures in a residential development with 400+ properties
Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm): Acted on behalf of Claimant in claim against insurance broker for shortfall in insurance proceeds under a Business Interruption policy following a fire at a recycling plant
Acted on behalf of an insurance broker in a claim for alleged under-insurance following a fire at a listed building and in subsequent arbitration obtaining contribution against property management company
Acted for IT company in claim against insurance brokers following declinature of cover for late notification of claim
Acted on behalf of insured in claim against insurance broker following declinature of a fire claim
Defending loss of a chance claim against firm of solicitors alleged to have advised settlement at an undervalue of claim against client’s previous solicitors who failed to issue medical negligence claim within time
Defending claim against firm of solicitors alleged to have failed to advise clients that share purchase agreement had completed prior to abrupt deterioration in company’s value
Defending firm of solicitors in respect of alleged negligence in failing to alert client lender that loan monies were to be used partly to purchase property rather than solely to fund property development
Jurisdiction & Choice of Law
Michael has advised and acted in a number of jurisdiction, choice of law and recognition disputes.
Featured Jurisdiction & Choice of Law cases
Advising on service of English proceedings out of the jurisdiction in The Netherlands, post-Brexit
Advising on governing law and jurisdiction in Formula One Intellectual Property dispute
Advising on service of English proceedings out of the jurisdiction in Saudi Arabia.
Advising on staying proceedings in Turkey and issuing proceedings in England in dispute relating to MTV in Turkey.
Advising on issue of protective English proceedings where proceedings in Belgium anticipated in dispute between US cosmetic manufacturer and European distributor.
Acting for pension advisor in res judicata/abuse of process dispute arising out of successive claims in Scotland and England.
Advising English distributor on choice of law and on contesting jurisdiction in claim by French product supplier.
Acting for English solicitor in defending claim for fees by French lawyers.
Advising international petroleum company on amendments to choice of law and choice of jurisdiction clauses.
Acting for claimant in Commercial Court proceedings in obtaining permission to serve Japanese multinational out of the jurisdiction in respect of a claim under a guarantee provided in respect of a construction project in Dubai.
Advising on choice of law, jurisdiction and recognition in restitutionary dispute with German motor manufacturer relating to claim following contractual distribution of tax refund.
Other
Featured Other cases
Appointed as expert witness in English law on contractual interpretation of distribution agreement, implication of terms and termination in dispute between healthcare technology firm and distributor in the People’s Republic of China
Appointed as expert witness in English law by large retailer in dispute on contractual interpretation of intellectual property licences in successful appeal against customs duties levied by the Office of the Revenue Commissioners on imported goods before the Tax Appeals Commission in the Republic of Ireland
The ATP Litigation
The decision of the Court of Appeal in London International Exhibition Centre Plc v Allianz Insurance Plc [2024] EWCA...
4 Pump Court features in The Lawyer Top 10 Appeals 2024
The Lawyer‘s Top 10 Appeals of 2024 has been released reflecting some of the key issues facing the legal industry and...
A significant development in Covid-19 BI insurance litigation – concurrent causation applies to “at the premises” wordings: London International...
On 16 June 2023, the High Court handed down judgment in the above matter ([2023] EWHC 1481 (Comm)), which involved...
Supreme Court hands down decision in Triple Point v PTT
The Supreme Court handed down its judgment in the case of Triple Point Technology Inc v PTT Public Company Ltd [2021]...
Instruct Michael
To instruct Michael please contact our clerks on +44 (0)20 7842 5524 or email [email protected].
Would you like to know more?
For help and advice talk to a member of our clerking team. They can advise on the best options for your matter.
Call: +44 (0) 20 7842 5555
