David Hoffman

Year of Call: 1997


  • "Very experienced across the spectrum of Chancery law."

    The Legal 500 (2017) - Northern Circuit - Commercial, Banking, Insolvency and Chancery Law
  • "Recommended for a wide range of Chancery matters."

    The Legal 500 (2016) - Northern Circuit - Commercial, Banking, Insolvency and Chancery Law
  • "He has a strong paperwork practice and is known for his preparation and drafting skills."

    The Legal 500 (2015) - Northern Circuit - Commercial, Banking and Insolvency
  • "A solid commercial and Chancery all-rounder."

    The Legal 500 (2014) - Northern Circuit - Commercial, Banking and Insolvency
  • "Astute and client-friendly."

    The Legal 500 (2013) - Northern Circuit - Commercial, Banking and Insolvency

Education

School: Manchester Grammar School
University: University College, Oxford
Inns of Court School of Law

Qualifications
First class law degree, University College Oxford (1993)
BCL graduate degree, University College Oxford (1994)
College Scholarship

CEDR-accredited Mediator
Member Chartered Institute of Arbitrators


Professional Memberships

Chartered Institute of Arbitrators
CEDR
Northern Circuit Commercial Bar Association
Society of Legal Scholars
European Circuit


  • "Very experienced across the spectrum of Chancery law."

    The Legal 500 (2017) - Northern Circuit - Commercial, Banking, Insolvency and Chancery Law
  • "Recommended for a wide range of Chancery matters."

    The Legal 500 (2016) - Northern Circuit - Commercial, Banking, Insolvency and Chancery Law
  • "He has a strong paperwork practice and is known for his preparation and drafting skills."

    The Legal 500 (2015) - Northern Circuit - Commercial, Banking and Insolvency
  • "A solid commercial and Chancery all-rounder."

    The Legal 500 (2014) - Northern Circuit - Commercial, Banking and Insolvency
  • "Astute and client-friendly."

    The Legal 500 (2013) - Northern Circuit - Commercial, Banking and Insolvency

David specialises in business and property work across the Northern Circuit. He is listed in the Legal 500 which, for 2017, recommends him as ‘Very experienced across the spectrum of Chancery law.

He undertakes a broad range of business and property work, including contract drafting as well as litigation, and general commercial work such as insurance, construction, IT and e-commerce and professional negligence. His property practice includes property disputes, insolvency, trusts and wills and other general succession matters. He is also experienced working as a junior to QCs and as part of a team on larger or more complex matters.

David is qualified as an arbitrator by being a Fellow of the Chartered Institute of Arbitrators and CEDR accredited mediator, and is an experienced advocate both in mediation and arbitration. He has an excellent record of settling cases by ADR.

Business
contract litigation including sale of goods and services
professional negligence
construction
insurance and banking
company disputes
passing off and breach of confidence
drafting commercial contracts and standard terms

Property Law
land and real property
conveyancing disputes
landlord and tenant and housing
partnerships
breach of fiduciary duty and civil fraud
insolvency
equity and trusts
family provision, wills and succession

View Notable Cases

READ MORE

Wild v Wild (2018) EWHC 2197 (Ch), [2018] All ER (D) 04 (Sep) family farming partnership, trial on whether farm and other assets are part of the partnership

Lavin v Hawayek (2017)
setting aside default judgment; partnership dispute

Hitchen v Hitchen (2012)
series of successful contempt of court regarding partnership dispute.

Acacia Securities Ltd v Sukhram (2011)
freezing injunction, breach of fiduciary duty

Waterfall v HSBC (2008, HC) LTL 13/1/2009
professional negligence in provision of financial services

Coupers Partnerships Ltd v Basarik (2007, CA) [2007] EWCA Civ 40
contractual interpretation of a ratings agency contract and the condition upon which fee is due

Parker v Snyder (2004-5, HC)
civil fraud, led by Clive Freedman QC

T&N v Royal Sun Alliance (2003, HC, CA) [2003] EWHC 1016 (Ch)
asbestos insurance case; CA – successful case management appeal, led by Christopher Moger QC and Jeffrey Terry.

Also acted in substantial commercial arbitrations which can’t be named for reasons of confidentiality, including as a junior to leading commercial silk Clive Freedman QC in particular regarding biotech contracts, other commercial contracts and partnership disputes.

View Publications

READ MORE

Human Rights in the UK: An Introduction to the Human Rights Act 1998
David Hoffman and John Rowe QC (Pearson, 4th edition 2013).

“The authors have combined meticulous scholarship with an enviable ability to express matters, however complex, in clear and understandable terms” (Lord Saville of Newdigate, Foreword to 2nd Edition)

Contents includes an introduction to the theory of human rights,  the background of the Act and how it came to be passed and the constitutional context  so that the discussion is accessible to the student starting on their legal study or the non-lawyer. The book then examines the way in which the Act works in practice, and remedies available under it. The book goes  on to discuss the particular rights embodied in the Act, giving each right separate and detailed consideration, drawing upon case law from both the UK and Europe. Finally, the issue of terrorism is considered in more detail bringing current and controversial debate to the fore.

The Impact of the UK Human Rights Act on Private Law
(editor; published: Cambridge 2011)

‘The chief glory of [the book] lies in its 12 substantive chapters on specific aspects of private law … David Hoffman gives himself three modest pages at the end to reflect on the book’s contents, expressing the hope as he says ‘that the discussion’ in it ‘can assist’ in the effective reception of the HRA into private law … He should be proud of what he has achieved here: a superb partnership between academics and practitioners, a volume very well presented by Cambridge – and an important contribution to legal understanding of the HRA.’ Conor Gearty, Public Law.

Contents includes a full discussion of the theory and debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Contains  a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Arbitration Appeals
chapter co-written with Clive Freedman QC in ‘Civil Appeals’ edited by Michael Burton J, (Sweet & Maxwell, 2nd edition 2013)

‘Current Law’ annotations for
Anti-terrorism, Crime and Security Act 2001- co-authored, responsible for material on regimes for nuclear security and security for dangerous substances
Prevention of Terrorism Act 2005
Racial and Religious Hatred Act 2006 and Terrorism Act 2006

 

Journal of Professional Negligence Bloomsbury Professional JPN (2018) vol 34 p. 52.

David has been published in the new issue of the Journal of Professional Negligence with a book review of Professor Jane Wright’s “Tort Law and Human Rights” (2nd edition).

 

Our
Expertise


MORE INFO

Direct
Access


MORE INFO

Mediation
Services


MORE INFO

Featured Article


1000 MILE CYCLE CHALLENGE COMPLETE!

On Sunday, following an arduous 8 hours in the saddle, our fees clerk Stuart successfully completed his British Red Cross cycling challenge. His final day took him on a 103 mile ride through some of the most…

> Read More ALL ARTICLES

Latest News