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Year of Call:  2006

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Senior Practice Manager:
Abdul Hafeez

Practice Group Clerks:
Craig Wain

Lucas Bennett
Gavin John
Chris Graham

Chief Executive & Director of Clerking
Tony McDaid

Contact a Clerk:
Tel: +44 (0) 845 210 5555
Fax: +44 (0) 121 210 7311
Email: [email protected]

 

David Gardner - Public Law

Before starting at No5, David was the sole Administrative Court Office Lawyer for Wales and the South West of England between March 2009 and October 2017. In that role he has gained considerable experience in judicial review and administrative law and was responsible for case management of Court and Upper Tribunal cases, including resolving disputes as to procedure between parties and advising Judges on public law cases. From 2005-2009 he was a legal adviser in the Magistrates’ Court.
 
Since starting at No5 David has represented Claimants and Defendant in judicial reviews in the Court of Appeal and the Administrative Court. He also appears regularly in the Court of Protection. David has also appeared in a number of other jurisdictions including in criminal cases in the Crown Court, immigration and asylum cases in the First-tier Tribunal and Upper Tribunal, parole hearings, DVLA applications, and personal injury cases.
 
As a result of his public law experience David frequently gives training and advice on judicial review practice and procedure and has done so for the National Assembly for Wales legal team, the Welsh Government legal department, the Legal Wales Conference, the Public Law Project Wales Conference, the South West Administrative Lawyers Association, Public Law Wales, Bangor University, and solicitors’ firms.
 
Notable Cases
R (Karia) v The Secretary of State for the Home Department [2018] EWCA Civ 1673
Represented the Claimant in the Court of Appeal challenging HMRC’s stop and search policy.
http://www.bailii.org/ew/cases/EWCA/Civ/2018/1673.html 
 
R (Rathor) v Southampton Magistrates’ Court [2018] EWHC 3278 (Admin)
Represented the Claimant in the Administrative Court challenging a District Judge’s decision to proceed with a trial in absence in the Magistrates’ Court.
http://www.bailii.org/ew/cases/EWHC/Admin/2018/3278.html 
 
R (Delaney) v The Parole Board of England and Wales [Citation Pending]
Represented the Claimant in the Administrative Court challenging the decision of the Parole Board to refuse to direct release of a prisoner on licence or to open conditions. 
 
R (J) v Cardiff City Council (CO/2927/2018)
Represented the Defendant in the Administrative Court defending a decision to refuse funding for a specialist learning disability placement.
 
R (Hore-Ruthven) v North Somerset Council (CO/4408/2018)
Represented the Defendant in the Administrative Court defending a decision to refuse to fund a “staying-put” arrangement for a former foster child.
 
Appointments

David was appointed as a Chairman of the Valuation Tribunal for England in 2017

Memberships
  • Public Law Wales (as an executive committee member and assistant secretary)
  • South West Administrative Lawyers Association (as a committee member and secretary)
  • Court of Protection Practitioners Association (COPPA)
  • Human Rights Lawyers Association
  • Welsh Legal History Society
Awards

In 2017 David was named by the Institute for Welsh Affairs as one of their ‘30 in 30’: 30 people working to make Wales better over the next 30 years.

Qualifications

Bar Vocational Course
University of the West of England – 1 September 2004 to 1 July 2005

LLB Law Degree
The University of Leeds – October 2001 to July 2004

Publications
David’s book Administrative Law and the Administrative Court in Wales was published by the University of Wales Press in 2016. 
https://www.uwp.co.uk/book/administrative-law-and-the-administrative-court-in-wales-hardback/
 
David is an expert contributor to Atkin’s Court Forms for the Administrative Court Forms, Vol.1, 2016 ed and the forthcoming 2019 edition.
 
David co-wrote the Administrative Court Judicial Review Guide in 2016 and 2017 with Mrs Justice Whipple and Mr Justice Lewis. 
 
David has written a number of articles on public, administrative, and criminal law, including: 
 
“An Administrative Law Code for Wales: Benefits to Reap and Obstacles to Overcome” [2018] Statute Law Review
https://academic.oup.com/slr/advance-article-abstract/doi/10.1093/slr/hmy003/4880596 
 
“The Administrative Court and Administrative Law in Wales and Comparative Perspectives” (with Dr. Sarah Nason) in Administrative Justice in Wales and Comparative Perspectives (2017) University of Wales Press
https://www.uwp.co.uk/book/administrative-justice-in-wales-and-comparative-perspectives-hardback/ 
 
“Public Law Challenges in Wales: The Past and the Present” [2013] P.L. 1