David Smales

Emirates NBD (Dubai)
In-House Counsel

David Smales serves as legal counsel at Emirates NBD. David studied Law as an undergraduate at The Queen’s College, Oxford (MA, Hons) and has an LLM from the University of Konstanz, Germany (German & European Law). He has been at White & Case, London since 2007, having spent six months on secondment at White & Case in Brussels.David is Co-Author/Contributor of the following articles : The EU Chapter of "IP and Competition Law" of Getting the Deal Through, 2009 ; and You Can’t Outsource Competition Law, Competition Law Insight, 2009.


2963 Bulletin

David Smales The UK Competition Appeal Tribunal denies the claimant damages in the first English follow-on damages case to reach trial (Enron Coal Services / English Welsh and Scottish Railway)


Overview In December 2009, the Competition Appeal Tribunal (“Tribunal”) dismissed the follow on damages claim brought by Enron Coal Services Limited (“Enron”) against English Welsh and Scottish Railway Limited (“EWS”). The Tribunal held that Enron had failed to make its case against the Defendant on (...)

Charles Balmain, David Smales The UK Court of Appeal overturns the Competition Appeal Tribunal’s decision in a pro-defendant judgment on follow-on damages actions (BCL / BASF)


On 22 May 2009, the Court of Appeal handed down its judgment in BCL v BASF , ruling that the Competition Appeal Tribunal (“CAT”), had erred in allowing what was, in the opinion of the Court of Appeal, a time-barred damages claim to proceed. The judgment will provide welcome legal certainty to (...)

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