David Lock was called to the Bar in 1985 and made a QC in 2011. He leads the No5 Public and Administrative Law group and the 2012 Legal 500 rated David as a “Leading Silk” in its Administrative and Public Law listing for London.
David also practices from our Birmingham office and was selected by the Birmingham Law Society to be their “Barrister of the Year” in 2011. He was the only public law silk ranked by Chambers and Partners outside London.
The 2011 Chambers noted that David “commands high respect from the Administrative Law Bar”. Chambers also commented that “Our interviewees spoke of his "incredible mind" with one saying they "wouldn't go to anyone else if the matter at hand was fiendishly tricky"... He knows policy inside out and "really thinks through resource implications".
The 2011 Legal 500 said “David Lock QC is highly recommended for complex public law matters”.
David has had an interesting and diverse career. After spending 10 years at the Bar in Birmingham he was elected as a Member of Parliament and was appointed to be a Minister at the Lord Chancellor's Department from 1999 to 2001. He has also served as a local councillor and chaired substantial Non-Departmental Public Bodies. He has also worked within a major law firm, Mills & Reeve, leading the healthcare practice and seeing life from the other side of the solicitor/barrister divide.
David returned to full time legal practice at the Bar in January 2008 and took silk in 2011. He has appeared in a series of high profile administrative and public law cases, acting for public bodies and against them. He was on the panel of Treasury counsel before taking silk.
He is a recognised specialist in healthcare law and is one of the authors of the present edition of the leading practitioners’ book in the area, Grubb, Laing & McHale. However he has also appeared in leading cases concerning local government, police, prisoners’ rights and procurement law.
David lectures and writes widely on aspects of medical law and was Chair of the Department of Health’s Legal Experts Group on Organ Donation and a member of the Organ Donation Task Force. He was a member of the Department of Health Expert Panel advising the Secretary of State on EU based patients coming to the UK for Organ Transplants.
He is the author of a blog about healthcare law issues for the British Medical Journal which can be accessed here.
Healthcare practice
David’s practice includes all areas of work within Healthcare Law including:-
• Consent to treatment and patient applications
• Vires and legality of actions of NHS bodies
• Continuing care
• List management and regulatory law for the NHS
• GP, dental and pharmacy contracts
• EU law affecting the NHS
• Procurement and contracting issues
David has appeared in leading cases involving the NHS in recent years and regularly advises a large number of NHS bodies on public law issues. However he also advises and acts for patients who are challenging decisions of the NHS.
David maintains the website
www.nhsrationing.org which is a forum for debate on the law around “Post Code Prescribing” and rationing of NHS treatment.
Police Law
David is a recognised specialist in public law relating to the police. He has been instructed in a series of cases involving police pensions and is currently instructed in the Judicial Review concerning the legality of the use of Regulation A19, which is the provision used by Chief Constables to require police officers who have served for more than 30 years to retire.
Local authorities
David is regularly instructed on a wide range of local government issues and has reported cases acting for and against local authorities in the High Court and Court of Appeal. His expertise includes procurement, election law, social care responsibilities, governance and public sector finance.
Court of Protection
David has acted in a series of complex cases in the Court of Protection and appeared in the leading case of
Re RK in the Court of Appeal concerning the law relating to the deprivation of liberty of children in local authority care and
Re SG which is the leading case on parallel CoP and QB proceedings.
Public sector pensions
David is a recognised national authority on public sector pensions, particularly police pensions where he has a series of reported cases involving the proper interpretation of the police pension scheme.
Information Governance
David took the Freedom of Information Bill through the Commons as a Junior Minister and was on the Bill Committee for the Data Protection Act. He is regularly instructed on information governance matters, particularly for NHS bodies and local government and has reported cases involving information governance.
Human Rights and EU law
Many of the cases David is instructed on have a human rights or EU law element. He has advised and acted on EU and HR cases up to the Court of Appeal, and has advised or appeared in cases on issues as wide as whether development schemes constitute state aid through to whether it is a breach of the HR rights to prevent detained mental health patients from smoking.
Outside work
David maintains his interest in politics and is regularly asked to advise the Labour Front Bench on a variety of legal issues. However, despite this (or perhaps partly because of this) he is regularly called upon to advise local authorities of all shades of the political spectrum. He is Chair of the Labour West Midland Finance and Industry Group which brings together leading figures from the region’s industry, finance and the professions with senior figures from the Labour Party.
Outside work David is an experienced paraglider solo pilot and qualified as a tandem pilot just before breaking both legs in a recent accident. He is currently taking a break from paragliding until his legs recover. He is a keen cyclist having taken a year out of legal practice in his thirties to cycle in remote parts of the world. He also walks, skis, climbs and mountain bikes but all at a slower pace than 20 years ago
QUALIFICATIONS
Jesus College Cambridge [BA Hons in Theology]
Central London Polytechnic [Diploma in Law]
APPOINTMENTS
Honorary Professor at University of Birmingham
RECOMMENDATIONS
David Lock QC is head of the administrative and public law group at No5 Chambers (Birmingham). He acts for both claimants and defendants in a broad range of public law matters, but has an acknowledged expertise in healthcare law and public law issues pertaining to the NHS. Sources say that he is "a genius when it comes to the more complex aspects of law and statute in the public law field."
Chambers UK 2013
David Lock QC of No5 Chambers commands high respect from the Administrative Law Bar. He leads his set's public law practice and is well equipped to deal with judicial review and Court of Protection cases relating to health and NHS policy, procurement law, police pensions and elections matters. He regularly provides strategic advice to NHS bodies on government interaction and issues connected with high-cost medical drugs.
Chambers & Partners 2012
Before taking silk David was rated as a “Band 1” performer and the leading Junior Barrister for Administrative and Public Law in the West Midlands in the 2011 edition of Chambers and Partners where he is described as ““A key player in the Court of Protection and judicial review cases”.
"David Lock QC is highly recommended for complex public law matters."
Legal 500 2011
David was selected by the Birmingham Law Society to be their “Barrister of the Year” in 2011.
Legal 500 2008 Edition described David Lock as “highly sought after".
NOTABLE CASES
Medical and NHS management Cases
R (On the Application of Condliff) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910 and [2011] EWHC B8 (Admin):
Case about whether NHS bodies were required to take social factors under the ECHR into account when making medical resource allocation decisions. David acted for North Staffordshire PCT who were successful in the High Court and the Court of Appeal. The Claimant is petitioning to take the case to the European High of Human Rights.
AC v Berkshire West Primary Care Trust [2010] EWHC 1162 (Admin) and [2011] EWCA Civ 247:
Case at first instance and in the Court of Appeal about a breast augmentation sought by a trans-sexual patient. Raised complex discrimination points being run by EHRC. Led by James Goudie QC.
R (on the application of Hussain & Ors) v Secretary of State for the Health Department [2011] EWCA Civ 800 and [2010] EWHC 3351 (Admin):
Case concerning the law relating to the introduction of dental contracts by the government and consequential matters before Cranston J. David acted for the PCT who were successful in their appeal to the Court of Appeal.
Tomkins v Knowsley Primary Care Trust [2010] EWHC 1194:
Dispute about dental contracts and application of the 2006 changes to dental contracting regime.
Dr A and others v Ward [2010] EWHC 16 (Fam) Munby LJ:
This legally significant case examined the circumstances in which experts in child protection proceedings and treating clinicians could claim anonymity, and the circumstances in which documents from private child protection proceedings should be released into the public domain.
Re N and G v. Secretary of State for Health and Nottinghamshire Healthcare NHS [2009] EWCA Civ 795 Court of Appeal:
Patients at Rampton High Secure Hospital challenged the legality of the Trust’s smoke free policy and the government’s smoking ban under article 8 of the ECHR. David successfully represented the Trust in upholding the legality of the Trust policy.
R (Southall) v. Dudley Primary Care Trust [2009] EWHC 1780 (Admin) [Mitting J: July 2009]:
David acted for the PCT in this unsuccessful challenge to the refusal of a PCT to fully fund a continuing care package at a care home of the patient’s choice. The case approved the NHS policy on payment for top up fees for non-healthcare services.
R v. Cambridgeshire PCT ex parte European Surgeries Limited [2008] EWCA Civ 416 (17 March 2008) and 2007 EWHC 2758:
Concerning the impact of article 49 of the EU Treaty on the internal market of for NHS services.
X v An NHS Trust [2008] EWHC 986 (Admin) (07 May 2008) and Court of Appeal (3 December 2008):
Concerning the effect of hospital orders made under section 37 of the Mental Health Act 1983.
Douglas v Beldray Ltd & Anor [2008] EWHC B8 (QB):
Concerning the joinder of a NHS body to a personal injuries action where the insurers were seeking to require the NHS to provide continuing medical care to the Claimant.
British Broadcasting Corporation v. CAFCASS and others [2007] EWHC 616 (Fam):
David acted for Cambridge University Hospitals NHS Foundation Trust obtaining injunctions to prevent the BBC from naming paediatricians in a proposed TV programme about suspected child abuse.
The long running Charlotte Wyatt case, [2006] EWCA Civ 529, [2005] EWCA Civ 1181 and [2004] EWHC 2247 (Fam):
This case is a leading authority on when a court should intervene to protect the interests of a child
R v. Stafford Crown Court ex parte B: [2006] EWHC 1645 (Admin):
A reported case which established the article 8 procedural rights of a witness in legal proceedings to be involved in any decision to reveal their medical notes to third parties. It led to changes in the Crown Court Rules.
Local government law cases
R (Ota Cornwall Council) v Secretary of State [2012] EWHC 3739 (Admin):
Case on meaning of “ordinary residence” for individuals who lack capacity. Presently before the Court of Appeal.
R (007 Taxis Limited) v Stratford on Avon District Council [2010] EWHC Admin 1344 and [2011] EWCA Civ 160:
Judicial Review of a policy of a local authority which required all taxis to become wheelchair accessible, which raised substantial procedural and disability discrimination issues. David acted for the Defendant and the claim was dismissed both at first instance and in the Court of Appeal.
R (C & C) v. Nottingham City Council: HHJ Inglis [2009] EWHC 2766 and Court of Appeal [2010] EWCA Civ 501:
Judicial Review of the alleged failure by the Respondent Council to comply with its obligations to C & C as children leaving care. Case dismissed.
Staffordshire County Council v Information Commissioner (Freedom of Information Act 2000) [2010] UKFTT 573 (GRC):
David acted for Staffordshire County Council in a successful appeal against a decision by the Information Commissioner which sought to require the Council to disclose sensitive minerals data in breach of assurances of confidentiality given by the Council.
G, R (on the application of) v Nottingham City Council [2008] EWHC 400 (Admin) (05 March 2008):
Concerning the legality of the removal of child from its mother without a court order and the leaving care legislation for children.
Police law cases
R (on the application of Haworth) v Northumbria Police Authority [2012] EWHC 1225 (Admin):
Case on when former police officers can seek a reconsideration of a previously flawed pension decision. Confirms that ECHR rights of pensioners are engaged by such decisions.
R (on the application of Simpson) v Police Medical Appeal Board & Ors [2012] EWHC 808 (Admin):
High Court ruling quashing the Home Office Guidance on reviews of pensions for those over the age of 65.
R (on the application of Crudace) v Northumbria Police Authority [2012] EWHC 112 (Admin):
First of the trio of recent cases concerning police pensions, reconsiderations and the exercise of discretionary powers by Police Authorities.
R (Laws) v Police Medical Appeal Board [2009] EWHC 3135 (Admin) and [2010] EWCA Civ 1099:
Test case on the complex issues of causation and acquiring new skills for police officers pension awards, and the correct tests to be applied on reviews of pensions.
R (ota Walther) v The Police Medical Appeal Board & Anor [2010] EWHC 3009 (Admin):
Case which considered the principles for awarding police injury pensions where the officer had a pre-existing injury which was aggravated by a duty injury on police service.
Doubtfire & Anor, R (on the application of) v West Mercia Police Authority & Anor [2010] EWHC 980 (Admin):
Judicial Review of police injury pensions matter.
R (Friend and others) v. Manchester Police Authority [2009] EWHC 3152 (Admin):
Divisional Court case on when police officers are entitled to have their own legal costs met by the Police Authority if they are attending an Inquest as Properly Interested Persons.
R (Turner) v. Police Medical Appeal Board [2009] EWHC 1867 (Admin):
Test case on police pensions. David brought a successful application to quash the Police Medical Appeal Board when it had sought to exercise a power to re-open the original cause of a police officer’s injury on a pension review.
Other Public law cases
Ali v Bashir & Anor [2012] EWHC 3358 (QB):
Decision on costs in a Election Petition case.
Bolsover District Council & Anor v Ashfield Nominees Ltd & Ors [2010] EWCA Civ 1129:
Court of Appeal judgment relating to the limitation periods applicable to winding up petitions made following liability orders for unpaid rates. Presently subject to appeal to the Supreme Court.
Miller v. Bull [2009] EWHC 2640 (QB), [2009] All ER (D) 281 (Oct):
Tugendhat J case on Election law which decided that a High Court Judge was not bound by a Court of Appeal decision on Human Rights grounds.
R (Unison) v Secretary of State for Health [2010] EWHC 2655 (Admin):
Challenge before the High Court of the legality of the decision of the Secretary of State not to consult on changes to the NHS before issuing a White Paper.
R (Khan) v. Election Commissioner [2009] EWHC 1757 (Admin):
Judicial Review of the decision of the Election Commissioner to make a Special Report to the High Court of an Election Agent who misled the Election Court. David acted for the successful candidate who successfully opposed the application.