Simmons & Simmons

Insurance and Construction

Partner

David specialises in resolving product liability disputes, and advising on product recalls. Complementary to this, he is experienced in handling recovery claims (domestically and internationally), regulatory investigations and compliance, insurance policy coverage issues, group litigation, and jurisdiction disputes.

David routinely advises producers, distributors, retailers and their insurers on a range of product types, such as medical devices, automobiles, toys, and electrical goods. He has particular expertise in the life sciences, tech, food & drink, and retail sectors. He is experienced in robustly defending claims and navigating complex expert evidence, while upholding the reputation of his clients and finding commercially sensible outcomes.

He advises on product compliance issues, product safety and corrective action management plans, and stress-testing of due diligence exercised prior to release of products onto the market.

His group litigation experience includes co-drafting a claims handling agreement for predictable and cost-effective resolution of approximately 2,000 claims (Linkwise Group Litigation), and leading the defence in the PIP Breast Implant Group Litigation, which culminated in a unanimous Supreme Court win on a discrete insurance issue for his client.

David’s life sciences expertise includes advising clients in relation to spinal disc implants, surgical knives, experimental stem cell treatment for cerebral palsy, and pathology reporting for cancer treatment. His tech sector and novel product expertise includes advising on products including firewall devices, lithium-ion batteries, autonomous vehicle technology, and lightweight bullet-proof vests. He regularly advises clients on tomorrow’s technology, and the risks and opportunities they pose.