Kings Bench Chambers

David Stern

Call	1989 Lincoln’s Inn
Memberships	Criminal Bar Association, ADR Group Mediator, Alumni of King’s College, London and Jesus College, Cambridge
Practice	Crime, Serious Fraud and Prison Law Mediation

David’s strengths are his tactical and analytical approach, commercial acumen and creative flair. He has a proven track record in handling complex serious fraud and heavy crime cases. David’s commercial background and negotiation skills as a successful mediator make him highly sought after to resolve commercial and personal disputes.

Crime and Serious Fraud

David acts as leading junior and junior counsel in serious fraud and heavy crime investigations and prosecutions. His defence practice focuses on:
• Serious and complex fraud, including SFO and HMR&C prosecutions
• Drug importation
• Heavy crime, including armed robbery
• Restraining and confiscation orders, POCA and SOCA matters
• Money-laundering compliance, investigations and prosecutions
• Corporate manslaughter and HSE investigations and prosecutions
• Director disqualification
• Environmental enforcement
• Cartels, anti-trust and Enterprise Act investigations
• FSA compliance and regulatory investigations

David has acted in several high-profile cases for commercial and private clients for example:
• HSE and corporate manslaughter investigation arising out of the Marchioness;
• anti-trust competition investigations involving global telecommunications leader , and
• several “big ticket” fraud prosecutions and appeals, including Smith, McNicholas Construction and Butte Mining.

Sample cases of interest include

Rachar Carousel fraud alleging several hundred million pounds’ worth of VAT -proceedings stayed due to abuse of process regarding non-disclosure

In re X Highly complex money laundering and drug importation prosecution involving international “supergrass”

Hertfordshire County Council, ex parte Green Environmental Industries Ltd [2000] 2 AC 412, [2000] 1 All ER 773, [2000] 2 WLR 373 Leading House of Lords authority on "the right to silence" under European and domestic law

Hastings and Rother Justices ex parte Anscombe [1998] EWHC Admin 146; (1998) 162 JP 340 Key authority on the failure to pay a confiscation order

Quadmost Limited (In Liquidation) -v- Reprotech (Pebsham) Ltd [1998] EWCA Civ 474 Court of Appeal decision affirming Norglen on assignment of causes of action and availability of legal aid for commercial actions

Norglen Ltd v Reeds Rains Prudential and others [1996] 1 WLR 864, [1997] 3 WLR 1177 Groundbreaking Court of Appeal and House of Lords decisions on assignment of causes of action by liquidators and security for costs

R v Kenyon Largest cannabis importation conspiracy involving for the first time under English law an arrest on the high seas under the Hague Convention

Director of the Serious Fraud Office, ex parte Smith [1992] 1 All ER 730 DC Key authority on "the right to silence" in Serious Fraud Office investigations

Mediation and Settlements

David specialises in the resolution of commercial and other inter partes disputes through highly developed negotiation and mediation strategies. He is an accredited mediator with the ADR Group.

Founder of Settlement Counsel in 2000, David has acted in some of the most prominent domestic and international insurance coverage matters of recent times, including acting as lead London Counsel on claims arising out of the World Trade Center terrorist attack.

David’s understanding of commercial realities and highly developed negotiation and mediation skills have led to settlements with a value exceeding £1 billion.

David’s mediation practice focuses on the effective resolution of a wide range of commercial disputes, including insurance, financial services and regulatory matters. He is also highly adept at resolving personal disputes, often of a family nature. His mediation skills draw upon his extensive experience of dispute negotiation, solution-orientated approach and intuitive grasp of commercial and personal realities.

Sample cases of interest include

U.S. Timber Co. and International Insurers Retained to conduct strategic settlement negotiations involving environmental pollution claims

Canadian Diversified Mining Co. and North American Insurer Commercial mediation between policyholder and excess insurer in cross-border environmental pollution coverage matter

Petroleum Co. and International Insurance Co. Retained to advise in respect of US litigation and to conduct arbitration proceedings in London under a commercial lines' business interruption insurance policy leading to a high value negotiated settlement of both actions

Wellington House, 175 Holdenhurst Road, Bournemouth, Dorset BH8 8DQ