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David Gillibrand2018-02-15T13:29:21+00:00

DAVID GILLIBRAND

David’s very wide and extensive experience allows him to take a pragmatic and economic approach to dispute resolution, particularly by avoiding the use of the Courts so far as possible, but then on issuing proceedings to continue a robust support of the client’s position. He is a particular advocate of mediation to resolve disputes, which are inappropriate for trial in Court. David was articled at Magic Circle firm, Allen & Overy, and spent 3 more years in its Commercial Litigation department. After moving to Oglethorpe Sturton & Gillibrand, he continued to develop his Allen & Overy training into property, agricultural and commercial law whilst also expanding his litigation experience.

David Gillibrand

SENIOR PARTNER

Commercial Litigation

EXPERIENCE

  • Passing-off claims between international petrol retailers, Burmah-Castrol and Texaco;
  • Part of the “coal-face” team in the litigation between the Bank of Iran and the American Banks, including Chase Manhattan
  • The first “search and seize” order (then called an “Anton Pillar Order”) in a patent action (Pfizer Ltd v Peter Hand GB Ltd)
  • Anton Pillar orders in commercial disputes (Sharp Bedroom Designs Limited v Sharp & Others)
  • Participation in the litigation following the leading case on interim injunctions (American Cyanamid v Ethicon)
  • A wide range of employment disputes for household names such as Habitat
  • Advocacy in the lower Courts
  • Intellectual Property disputes, in passing-off, trade mark and patent matters
  • Property title issues, with particular emphasis on adverse possession (“squatter’s title”) claims, (including the Court of Appeal case Townley v Topplan Estates), boundaries and easements (including sporting rights) (including the Court of Appeal case Mulvaney v Gough), confirming the prescriptive right to an easement for a communal garden)
  • Employment, particularly post-employment restrictions
  • Shareholder/Director/Minority interest disputes
  • Disputed debt claims and associated insolvency issues (individual and corporate)
  • Sale of defective goods and services
  • Claims against professionals, including solicitors, for negligence and misfeasance
  • Landlord & Tenant disputes for residential, agricultural and business clients (including the Court of Appeal decision in Ridehalgh v Horsefield)
  • All types of commercial disputes, including the only case in the Restrictive Trade Practices Act in the House of Lords (Associated Dairies v Baines)

EDUCATION & QUALIFICATIONS

  • 1976 Undergraduate Degree BSc Law and Economics at University College of Wales, Aberystwyth
  • 1977 College of Law, Chester
  • 1979 Admitted to the Roll of Solicitors