David Benest

Managing Partner | Jersey

 

profile

David Benest is Office Managing Partner of Appleby's Jersey office. He is also a partner in the Litigation and Insolvency department. David advises on all types of commercial litigation. He primarily specialises in professional negligence, property matters and insurance-related work. David joined Appleby in 1997 and was made a partner in 2001.

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.

Chambers Global 2012 descrided David as an 'excellent lawyer' who specialises in insurance-related work. David was named as a 'Leader in his Field' by Chambers UK 2012. He was also named as a ‘Leader in his Field’ by Chambers Europe 2011 and 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.

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. He is a keen speaker, and has chaired the February 2011 OP Conference on Trust Litigation in Jersey.

David speaks some French.

expertise

Some recent examples of work include advising:
  • The Chief Officer, in the matter of Cole v. Chief Officer of States of Jersey Police, in proceedings brought against the police for breach of confidence/misuse of private 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
  • The Medical Defence Union and its members in relation to a medical manslaughter prosecution, as part of the successful defence team
  • And leading the team defending a number of substantial clinical negligence claims on behalf of the Minister for Health and Social Services

teams

  • Arbitration & Mediation
  • Banking Litigation
  • Commercial Dispute Resolution
  • Insolvency Litigation
  • Insurance & Reinsurance Dispute Resolution
  • Negligence

education

University of Sussex (England)