Employment

BARRISTER AND MEDIATOR
Commercial Litigation Assistant at Halliwell Landau 1978-1979
Appointed Deputy District Judge 1999
Appointed Recorder (Civil) 2000
Experience includes ET, EAT, major Commercial Litigation; and Civil and Criminal Fraud trials
Famous clients have included Gary Barlow of Take That!; Granada Television; Stone Roses Management and several Manchester Bands.

PARTICULAR SPECIALIST INTERESTS
Employment: Acts regularly on behalf of major corporations and interest groups including the Co-operative Employers' Association and the Commission for Racial Equality at EAT and Court of Appeal level with particular experience in TUPE; restrictive covenants; confidentiality and trade secrets.
Partnership: Frequently advises in and acts on behalf of professional clients in partnership disputes including those relating to solicitors and accountancy professional practices.

OTHER ACTIVITIES
Past Chairman of the Northern Circuit Commercial Bar Association and a Member of the Northern Chancery Bar Association.
Frequent lecturer having conducted seminars in-house at Herbert Smith; Freshfields and other leading City firms. Has been closely associated with Nottingham Law School and the National Institute for Trial Advocacy.

ADR
Qualified Mediator (College of Law credited) and willing to act as Arbitrator in commercial dispute. Member of the Commercial Law Panel of ADR Chambers.
The latest edition of The Legal 500 states:
"David Berkley Q.C. is consistently recommended for his expertise in top grade commercial litigation"

REPORTED/IMPORTANT CASES
In order to provide an indication of the range and depth of David Berkley Q.C.'s practice, the following represents a summary of recent reported cases in which he has been instructed:
Burke v Royal Liverpool University Hospital NHS Trust [1997] ICR 730
Important case on Deduction from Wages and Collective Agreement following competitive tendering
Keiller v Lothian Borders & Angus Co-operative Society Limited 25.09.2002 EAT Scotland, Lord Johnson
Whether the Share Option Schemes available to Tesco employees was a right which passed upon a TUPE transfer
Booth v Oldham MBC 21.05.2004 EAT, Silber J
Meaning of "disabled person" for the purposes of the Disability Discrimination Act 1995 in cases of mental impairment of the undertaking.
Patterson v Legal Services Commission which concerned allegations of Race Discrimination in connection with Legal Aid Franchising

Contact Teresa Thiele (teresa.thiele@stjohnsbuildings.co.uk tel: 0161 214 1500).

Commercial

BARRISTER AND MEDIATOR
Educated at Manchester Jewish Grammar School,
Gateshead Talmudical College and Manchester University.
Commercial Litigation Assistant at Halliwell Landau 1978-1979
Appointed Deputy District Judge 1999
Appointed Recorder (Civil) 2000
Experience includes major Commercial Litigation; and Civil and Criminal Fraud trials
Interested in Music Litigation; Commercial Contract Litigation; Commercial Fraud Trials
Famous clients have included Gary Barlow of Take That!; Granada Television; Stone Roses Management and several Manchester Bands.

PARTICULAR SPECIALIST INTERESTS
General Commercial Litigation: "Noted for his commerciality" in the Legal 500 (2008 Edition), this is the primary area of practice with an emphasis on major trial work.
Music Litigation: David Berkley Q.C. has developed a niche in this area. His famous clients have included Gary Barlow of Take That!; Granada Television; Stone Roses' management; and several well-known Manchester bands.
Banking and Insolvency: Considerable expertise and experience in contentious security and receivership issues; civil and criminal fraud trials; directors' disqualification work.
Partnership: Frequently advises in and acts on behalf of professional clients in partnership disputes including those relating to solicitors and accountancy professional practices.
Landlord and Tenant: Considerable expertise and experience in commercial Landlord and Tenant matters and frequently advises property clients in relation to renewals and reviews.

OTHER ACTIVITIES
Past Chairman of the Northern Circuit Commercial Bar Association and a Member of the Northern Chancery Bar Association.
Frequent lecturer having conducted seminars in-house at Herbert Smith; Freshfields and other leading City firms. Has been closely associated with Nottingham Law School and the National Institute for Trial Advocacy.

ADR
"David Berkley Q.C. is consistently recommended for his expertise in top grade commercial litigation"
The latest edition of The Legal 500 states:
Qualified Mediator (College of Law credited) and willing to act as Arbitrator in commercial dispute. Member of the Commercial Law Panel of ADR Chambers.

REPORTED/IMPORTANT CASES
In order to provide an indication of the range and depth of David Berkley Q.C.'s practice, the following represents a summary of recent reported cases in which he has been instructed:
Jervis v Harris [1996] Ch 195
Barrett McKenzie & Co v Escada (UK) Ltd QBD 1st February 2001
Rakusens Ltd v Baser Ambalaj Pastik Sanayi Ticaretas [2001] EWCA Civ.1820 (Court of Appeal)
Clark v Dyer; Burnett v Harper - Court of Appeal 4th May 2001
Kumar v United Bank Ltd (QBD Commercial Court, Andrew Smith J) 22nd June 2001
J. Barry v J. Barry (Plant Hire) Ltd [2001] EQCA (Civ.614)
Mark Blunden v Frogmore Investments Ltd [2002] EWCA (Civ.573) Court of Appeal, [2002] 29 Estates Gazette 153.
Coutts & Co. v Clarke [2002] EWCA (Civ.943), Court of Appeal
Hayes v Phonogram Ltd and Others [2002] EWHC 2062 (Ch.) (Blackburne J)
R v. Independent Television Commission ex parte Boyd-Hunt [2002] EWHC 2296 Admin (Newman J)
Retail Parks SA v JJB Sports Ltd SL Mercantile Court, Manchester Judge Hegarty 19th December 2002
Russell v Finn [2003] EWCA Civ. 399 Court of Appeal
Goldmile Properties Limited v Speiro Lechouritis [2003] EWCA Civ 49
In re China Jazz Worldwide Plc v Secretary of State [2003] EWHC 2665, Patten J
Halpern v Halpern [2006] EWHC 1728 Comm [2006] 3 AER 113
Halpern v Halpern [2007] EWCA 603 (Comm) The Times 14th May 2006.

Mediation