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David Benest |
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Partner
Litigation & Insolvency
David Benest advises on all types of commercial litigation. He primarily specialises in professional negligence, property matters and insurance-related work.
David has an established reputation for significant defendant insurance-related work acting for, amongst others, the Insurance Corporation of the Channel Islands, Royal and Sun Alliance, AXA, Norwich Union, the Medical Protection Society and the Medical Defence Union.
David was named as a Leader in his Field by Chambers UK 2011 and Chambers Europe 2010. He was described as “sensible and practical” and “quick on his feet” in the 2009 edition of Chambers Global. He was described as “highly rated” by Legal 500 UK 2009, and as “very good, very independent – a strong advocate” by the 2008 edition. He was recommended for dispute resolution by PLC Which Lawyer 2009.
Born in Jersey, David was called to the Bar of England and Wales in 1995, and re-qualified as an Advocate of the Royal Court of Jersey in 1999. David joined Bailhache Labesse, one of the predecessor firms of Appleby, in 1997 and was made Partner in 2001.
David is a member of the Editorial Board of the Jersey Law Review, the Board of Examiners for the Jersey Bar Examinations, and the Jersey Criminal Injuries Compensation Board.
David has contributed to numerous publications including the 2009 PLC Which Lawyer Dispute Resolution Handbook.
David speaks English and some French.
Some recent examples of work include:
• Cole v. Chief Officer of States of Jersey Police - Advising the Chief Officer in proceedings brought against the Police for breach of confidence/misuse of privation information. The case established the scope of the tort of misuse of private information in Jersey, and on the matter of costs, established that an offer to settle, even though not fortified by a payment into court may nevertheless give protection to a defendant in costs. The latter point may have wide ranging implications in practice.
• Advising the Medical Defence Union and its member in relation to a medical manslaughter prosecution, as part of the successful defence team.
• Leading the team defending a number of substantial clinical negligence claims on behalf of the Minister for Health and Social Services.
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| Jersey |
| 13-14 Esplanade |
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| St Helier JE1 1BD |
| Jersey |
| Team / Area of Practice |
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Insolvency & Restructuring
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Commercial Dispute Resolution
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Employment & Immigration
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Trust & Estate Litigation
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Property & Construction Litigation
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Personal Law
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Insured Liability Litigation
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Insolvency Litigation
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Negligence Claims
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Insurance and Reinsurance Dispute Resolution
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Banking Litigation
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Arbitration & Mediation
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| Education |
| University of Sussex (England) |
| Admissions |
| Jersey, 1999
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| Bar of England & Wales (non-practising), 1995
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