David McIlroy

Call 1995
Email david.mcilroy@3pb.co.uk
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David has a thorough understanding of business, both in terms of inter-company disputes and issues arising within companies. He advises regularly on commercial disputes, particularly in the fields of banking, financial services, and insolvency. He lectures in banking law as Visiting Senior Lecturer at SOAS. In 2011, David compiled a report on Albania’s banking legislation in preparation for its application to the European Union.

David is also an experienced advocate in employment law, including discrimination, TUPE and pensions rights. David is approachable, client friendly and commercially astute; he understands the financial issues involved in employment disputes and structures his recommendations accordingly.

Indicative cases include:

• Prosser v Prosser (2011), High Court Contempt of Court in a Civil Claim
• McHugh v Rice & Dore (2011) UKEATPA/1165/10/DA, EAT Unfair Dismissal.
• Centrewest Buses Ltd v Aron UKEAT/0268/05. EAT Race Discrimination.
• Simms v Sainsburys Ltd UKEAT/0548/04. EAT Disability Discrimination.
• Milner v University of Greenwich EAT/882/02. EAT Sex Discrimination.

Appointments

• Visiting Senior Lecturer in Banking Law, SOAS, University of London
• Member of the Editorial Board of Law & Justice legal journal.

Publications

David's numerous publications include:

• ‘Theology and Legal Theory’ in Murphy and Brittain (eds.) Theology, University, Humanities (Wipf and Stock, 2011) 127-49
• Financial Products: Selling Pigs in Pokes?’   (2011) Butterworth’s Journal of International Banking and Financial Law 132-33
• The Regulatory Issues raised by Credit Default Swaps’ (2010) 11 Journal of Banking Regulation 303-18
• Creating fail-safe banks’ (2010) 4 Law and Financial Markets Review 159 -165
• ‘The Enforcement of Covenants in Restraint of Trade in Severance and Compromise Agreements’ (2009) Employment Law Association Briefing
• ‘The Future of Banking Regulation’ in J. Straus (ed.) The Role of Law and Ethics in the Globalized Economy (Springer, 2009)
• A Trinitarian Theology of Law (Paternoster, 2009)
• ‘Can anything be done about bad advice?’ (2008) Butterworths Journal of International Banking and Financial Law
• ‘TUPE and the transfer of insolvent companies’ (2007) Employment Law Association Briefing
• A Biblical View of Law and Justice (Paternoster, 2004)

Notable Cases

Centrewest Buses Ltd v Aron UKEAT/0268/05.
EAT Race Discrimination.

Hamlet International plc v Billyphil and Murgai (1999)

Milner v University of Greenwich EAT/882/02.
EAT Sex Discrimination.

Simms v Sainsburys Ltd UKEAT/0548/04.
EAT Disability Discrimination.