David McIlroy

Forum Chambers - Arbitration Law

Profile

David McIlroy is Head of Chambers at Forum Chambers. Together with Paul O’Doherty and others, he established Forum Chambers in 2015 as a boutique set of Chambers focussed on commercial litigation with particular expertise in financial services, insolvency, civil fraud and professional negligence.

David’s own practice specialises in banking and financial services law, commercial law, and professional negligence. David’s recent and current caseload includes appearing on behalf of Which? in the Supreme Court in a ground-breaking case on APP fraud, appearing in the Court of Appeal in a class action against conveyancing solicitors, and acting on behalf of victims of the HBOS Reading fraud.

David’s practice is complemented by his teaching as a Visiting Professor in Banking Law at Queen Mary University of London and the University of Notre Dame. These roles give him a panoramic view of the areas of law in which he specialises as well as a grasp of the complexities of banking and financial services regulation. He is particularly interested in developments in electronic money, crypto-currencies, and civil fraud.

David’s clients are predominantly claimants, usually small and medium sized businesses or investors. He often pursues claims against large institutions, whether banks, big businesses, or insurance companies. His experience enables his clients to compete with those institutions and their lawyers on a level playing field. David works effectively with solicitors to provide a seamless service to his clients.

David enjoys being involved in cases from the pre-action stage, setting the strategy through to a successful outcome. David sees mediation as not only an integral part, but also a key part of the litigation process. For many of David’s clients, the optimum moment for settlement will be at a mediation. From the outset of a case, David will be thinking about when is the most opportune time for a mediation to take place.

David has appeared as an advocate in numerous mediations. He frequently mediates claims against banks, in a range of claims including mis-selling of financial products, negligent investments, breach of fiduciary duties, consumer credit disputes, breach of loan agreements, APP fraud, and guarantee claims. David has also used mediation effectively in commercial disputes over the quality of goods and services and in professional negligence claims against solicitors, accountants, and independent financial advisers.

David has a deep understanding of the differences between mediation advocacy and trial advocacy. He is thorough in his approach to each stage of mediation: using the written position statement and oral opening statement to maximum effect, and careful to work towards achieving his client’s objectives during the flow of the mediation as a whole.

David’s strategic approach is particularly effective in delivering successful outcomes in group actions on behalf of a class of claimants as well as in cases against multiple defendants.

Because of his experience and skills, David is particularly sought after in cases at the cutting edge of the law. David has a keen interest in claims relating to crypto-currencies, particularly in cases in which the developing regulatory rules have an impact on the liability of crypto-currency exchanges and wallet providers. David also frequently acts in cases relating to civil fraud, especially investment scams and
APP fraud.

Recent commendations of David in the legal directories say that he “is a formidable trial advocate and a master of the facts”, that he is “thorough and tactical, … great to work with”, “Technically superb and extremely bright, yet very user friendly”, and that “His command of detail is outstanding and his knowledge of the law exemplary. He
is a robust warrior who inspires confidence in clients.”