David Mitchell

Call date: 2004
Email: 

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Areas of Practice

Profile

Qualifications

BA (Hons) History, University of Manchester

PgDL, College of Law, York

BVC, Nottingham Law School

Experience & Expertise

 

David’s practice spans media, employment, commercial and public law. His advocacy is split between trial and appellate work. He is appointed to the Attorney General’s A panel of junior civil counsel and the Equality and Human Rights Council’s B panel. Recommended as a leading individual in Chambers UK and the Legal 500, Chambers UK 2017 notes that David "has a wide employment law practice that is bolstered by his knowledge of media and public law. Clients praise his impressive knowledge and his dedication to his clients and their cases."

 

Media: defamation, privacy, malicious falsehood, breach of confidence and data protection. Recent work includes obtaining an ex parte privacy injunction on behalf of a prominent businessman, advising the Attorney General regarding a contra mundum injunction for lifelong anonymity in the case of A&B (arising from the 2009 Edlington attacks) and advising on the enforceability of s.40 Crime & Courts Act 2014 concerning costs awards against media organisations post-Leveson (yet to come into force).

 

Employment: full range of statutory claims before the ET and common law actions in the High Court. Recent successes in the EAT include Amissah & Ors v London Underground Ltd [2017] I.C.R. 581 and Agarwal v Cardiff University [2017] I.R.L.R. 600. Currently instructed before the EAT on behalf of the Equality and Human Rights Commission in a challenge concerning time limits in the context of pregnancy / maternity discrimination and psychiatric illness. Also acting in a forthcoming appeal concerning availability of injury to feelings awards for WTR detriments claims. Recently advised ACAS concerning the jurisdiction of the Central Arbitration Committee to hear a complaint brought against it by the PCS trade union.

 

Public: wide-ranging judicial review practice including in national security proceedings before SIAC. Recently acted as amicus curia in extradition appeal before the Divisional Court (Auzins v Latvia [2017] A.C.D. 33) and successful in joined appeals before the Court of Appeal concerning article 8 claims of foreign criminals resisting deportation (NE-A (Nigeria) & HM (Uganda) v Secretary of State for the Home Department [2017] EWCA Civ 239).

 

Commercial: instructed in commercial contract, agency and partnership disputes as well as in claims arising from media and employment disputes. Recently advised the Foreign and Commonwealth Office in respect of a £600k contractual dispute. Advising and acting in breach of confidence and restraint of trade injunctions as well as in contempt matters. In terms of company law, David acts in minority shareholder actions and claims against directors for breach of duty.

Current & Recent Work

 

Media

 

Lee Johnson v Ministry of Justice [2016] EWHC 177 (QB): defending libel suggesting claimant was subject to a General Civil Restraint Order. Successful strike out of common law claim. Extant statutory claim stayed as claimant subject to an all proceedings order (s. 42 SCA 1981).

KLA v Chief Constable of Surrey and News Group Newspapers: for claimant in privacy, misfeasance in public office and HRA claims against police and privacy and harassment claims against the newspaper concerning sale of the victim of crime’s private information to the Sun newspaper.

Romanova v Sloutsker, Court of Appeal: for the appellant Russian journalist on behalf of Media Law Defence Initiative in her challenge against jurisdiction judgment ([2015] EWHC 545 (QB)) permitting the libel claim of a Russian oligarch to be brought in the English courts.

Ministry of Defence v Rusty Firmin & Bloomsbury Publishing: Memoirs of SAS soldier withdrawn from sale on behalf of Claimant (confidence, DPA and copyright).

Associated Newspapers Ltd v Duncan Bannatyne [2015] EWHC 3467 (Ch): breach of confidence and privacy - advising former wife of Defendant.

Yalland v O’Connor: successful set aside of libel judgment for founder of Fathers4Justice.

Dr Haitham Al-Haddad v Times Newspapers Limited: successful libel claim for Islamic scholar.

McAlpine v Bercow [2013] EWHC 1342 (QB): for Defendant in twitter libel claim (led by William McCormick QC)

 

Employment

 

Agarwal v Cardiff University & Cardiff Health Board [2017] I.R.L.R: successful for University in appeal concerning jurisdiction of ET to determine employment terms of clinical academics.

Amissah & Ors v London Underground Ltd UKEAT/0187/16  [2017] I.C.R. 581; [2017] I.C.R. 581; [2017] I.R.L.R. 318: successful for group of agency workers concerning assessment of compensation under Agency Worker Regulations.

Robert Newbound v Thames Water Utilities Ltd [2015] I.R.L.R. 734: successful in Court of Appeal on behalf of unfairly dismissed employee. EAT “stretch[ed] the band of reasonable responses to an infinite width” (Bean LJ) and erred re. apparent bias.

GW v Ministry of Justice (Central London ET): for claimant in national security proceedings under rule 94 and schedule 2.

Ramphal v Department for Transport [2015] IRLR 985, EAT: for Respondent in appeal concerning unfair dismissal / role of HR in decision to dismiss. Whilst Appellant succeeded before EAT case settled upon the Respondent’s further appeal to Court of Appeal.

Gale & Ors v Mid & West Wales Fire and Rescue Service UKEAT/0365/14: successful defence of group action for detriments under WTR 1998. Previously acted in leading authority concerning WTR detriments - Arriva v Nicolaou [2012] I.C.R. 510, EAT.

Jean-Charles v Department for Work and Pensions UKEAT/0905/14: successful cross-appeal for DWP who refused to reinstate ex-employee until she repaid monies owed to employer (ss.113 & 117 ERA).

 

Public

 

NE-A (Nigeria) & HM (Uganda) v Secretary of State for the Home Department [2017] EWCA Civ 239: successful in Court of Appeal on behalf of Secretary of State in joined appeals concerning article 8 claims of foreign criminals resisting deportation.

Auzins v Latvia [2017] A.C.D. 33: amicus curiae in extradition appeal before the Divisional Court concerning interpretation of the Extradition Act 2003.

MB v Secretary of State for the Home Department SN/47/2015: successful defence of refusal of British citizenship to Algerian national based on membership of the GIA, a proscribed organisation under the Terrorism Act 2000.

Earthworm v Department for Business, Energy & Industrial Strategy: advising Claimant regarding judicial review of amendments to the Renewable Heat Incentive Regulations.

GSM London v Secretary of State for the Home Department: interim injunction for claimant college preventing deportation of Tier 4 sponsored foreign students.

SG (Eritrea) v Secretary of State for the Home Department: successful for SSHD in Court of Appeal concerning interpretation of Part 5A, Nationality, Immigration and Asylum Act 2002 (Article 8, Public Interest Considerations).

Paul Henke v UKIP: Party’s suspension of former Chairman of UKIP in Scotland declared null and void and in breach of rules of membership. Currently instructed in another claim against UKIP on behalf of an excluded member.

“Report of the Morecambe Bay Investigation”: Adviser to Dr Bill Kirkup CBE who reported on maternity and neonatal services at Morecambe Bay Hospitals.

“Review into the disclosure handling in the case of R v Mouncher”: Adviser to Her Majesty’s Chief Inspector of the CPS, appointed by the DPP to investigate conduct of the prosecution case in the collapsed trial of R v Mouncher (arising from the murder of Lynette White) amid allegations of police corruption.

Directory Comments

“He is a very bright guy and is very user-friendly for clients.” “He works hard to get his head around complex law and delivers fantastic results for the clients.”
Chambers UK 2017 - Employment 
"Bright, enthusiastic, driven, honest and very good with clients.”
Legal 500 2016 - Employment
“He's very practical, great on his feet and he tells it how it is.” "He is capable of getting into the essence of a case and keeping things simple."
Chambers UK 2016 - Employment
“He always provides honest, practical advice, and is excellent with clients.”
Legal 500 2015 - Employment
"He's very good on his feet and has a can-do attitude."
Chambers UK 2015 - Employment
“He has a very good grasp of the public sector,” and is “an outstanding junior who will go far.”
Chambers UK 2014 – Employment

Professional Memberships

Employment Law Bar Association

Employment Lawyers’ Association

Discrimination Law Association

Administrative Law Bar Association

Bar Human Rights Committee

Index on Censorship

Liberty

 

Pro Bono

Employment Law Appeal Advice Scheme (“ELAAS”)

Mary Ward Legal Centre

Bar Pro Bono Unit

Appointments

2016: Attorney General's Junior Counsel to the Crown - A Panel

2015: Equality and Human Rights Commission B Panel

2012: Attorney General’s Junior Counsel to the Crown - B Panel

2009: Attorney General’s Junior Counsel to the Crown - C Panel