David Miles Consultant

Photograph of David Miles

Contact Details

David has acted as a Privy Council agent since 1993. He has conducted many cases from most of the Privy Council jurisdictions.

Main areas of practice

In his capacity as a Privy Council agent, David conducts a wide variety of cases including professional negligence, clinical negligence, personal injury, company and commercial, probate and construction.

Clients

His clients include overseas attorneys who wish to appoint a Privy Council agent, as well as parties wishing to appoint a mediator.

Significant experience

Examples of reported cases that David has worked on include the following:

  • Smith and Others  v Molyneaux  ( British Virgin Islands ) JCPC 2014/0064 – Adverse possession
  • Madhewoo v The State of Mauritius ( Mauritius ) JCPC 2016/006 - Right to biometric information
  • Janin Caribbean Construction v Wilkinson and Others (British Virgin Islands ) JCPC 2014/0111 – Barrister's immunity
  • Mascareignes Stirling Co v Chang Cheng Esquares  ( Mauritius )  JCPC 2015/0051 – Effect of lump sum building contract
  • Grewals (Mauritius ) Ltd v Koo Seen Lin  ( Mauritius)  JCPC 2014/0038 - Employment
  • Elizabeth Ram v Motor and General Insurance (Trinidad) 2015 UKPC 22
  • Rainbow Insurance Co v The Financial Services Commission (Mauritius ) 2015 UKPC 15
  • Mauri Garments Trading v The Mauritius Commercial Bank (Mauritius) 2015 UKPC 14
  • National Stadium Project (Grenada) v NH International (Caribbean) Ltd (Trinidad) 2015  UKPC 6
  • Sheik Mohamed Ali Alhamrani and others v Sheik Abdullah Ali Alhamrani  (BVI) 2014  UKPC 37
  • Alternative Power Solutions v Central Electricity Board 2014  (Mauritius) UKPC 31
  • Pfizer Ltd v Medimpex Jamaica Ltd  (Jamaica) 2014  UKPC 20
  • Adele Shtern v Monica Cummins  (Jamaica) 2014 UKPC 18
  • Surinam Shipping v  Den Danske Bank & Mauritius Commercial Bank (Mauritius) 2014  UKPC 10
  • Mauritius Revenue Authority v Paradis Brabant Hotel & others (Mauritius) 2013 UKPC 24
  • The Appeal Commissioners v The Bank of Nova Scotia (Grenada)  2013 UKPC 19
  • Electrotec v Issa Nicholas WLR 1998 202.
  • Dipcon Engineering v Bowen (1) Attorney General of Grenada 2004 UKPC 18.
  • Knox v Deane 2005 BCC 884.
  • Parmalat Capital Finance Ltd v Food Holdings Ltd UKPC 2007.
  • Texan Management Ltd v Pacific Electric Wire 2009 UKPC 46
  • Jervis v Skinner 2011 UKPC 2.
  • Adamas v Yong Ting Ping How Fok Cheung 2011 UKPC 32.
  • DPP v Bolah 2011 UKPC 44.
  • LeSage v Mauritius Commercial Bank 2012 UKPC 41.
  • Appeal Commissioners v Bank of Nova Scotia 2013 UKPC 19.
  • Mauritius Revenue Authority v Paradis Brabant Hotel 2013 UKPC 24.

Other expertise

Mediation: David regularly mediates a range of disputes, particularly construction disputes. He was responsible for the formation of CEDR and was a founder director. David has been part of the CEDR Mediation Training Faculty since the beginning. He is joint author of The ADR Practice Guide, now in its 3rd edition. David is Chairman of PIM Senior Mediators and has acted as adjudicator in construction disputes (including Wembley Stadium).

David has recently been appointed to The CEDR Mediation Panel– the Centre for Effective Dispute Resolution.

Expertise

David’s Blog

Three new Justices to the UK Supreme Court

Three new Justices have been appointed to the UK Supreme Court and therefore will be eligible to sit as Judges in the Privy Council.

New Court Forms anticipated

It is anticipated that new Court Forms will be issued shortly, following a slight delay. The most significant change will be the introduction of a separate form to deal with Applications for Permission to Appeal.

New appointments to the Supreme Court

As of 1 October, following the retirement of Lord Mance in June of this year, three new appointments have been announced.

Articles by David

Mauri Garments Trading and Marketing Limited v The Mauritius Commercial Bank Limited

News

On 24th March, the Privy Council handed down Judgment in an appeal from the Court of Appeal of Mauritius.

The Judicial Committee of the Privy Council – Change of justices

News

We look at the change of justices in the Judicial Committee of the Privy Council.

Constitution of Mauritius

News

We highlight the Privy Council's conclusions in the case of Lesage v Maritius Commercial Bank

Related Knowledge & Resources

Another contaminated land liability stream for developers to contend with

Developers are geared up to carry out necessary remediation of brownfield sites through the planning process, but what happens if there is historical contamination on land that they have sold to homeowners years before?

Recent news from the JCPC: January 2017

In November 2016, the JCPC in London heard its first ever video-link case. The case ‘Cono Cono and Co Ltd (Appellant) v Veerasamy and others (Respondents)’

Stamp Duty Land Tax 3% surcharge ‘Replacement of only or main residence’ and the three-year rules

The higher rates of SDLT are intended to apply to purchases of additional residential properties, such as second homes and buy to let properties.

Guide: What will Mediation cost?

Blake Morgan's guide to the costs of Mediation.