David Gardner

Viewing: Court of Protection for David Gardner

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. From 2005-2009 he was a legal adviser in the Magistrates’ Court.
Since starting at No5 David has gained considerable experience in the Court of Protection. He accepts instructions and has acted in both health and welfare and property and affairs cases. David is frequently instructed to act on behalf of protected parties, including cases involving the Official Solicitor, and also by Local Authorities. He has also been instructed to act on behalf of professional deputies in property and affairs cases.
As part of his general practice David has gained high level advocacy experience, including cases in Court of Appeal, the Administrative Court, and the Upper Tribunal.
David has spoken at a number of seminars on Court of Protection practice on topics including the Court of Protection Rules 2017, property and affairs updates, and the inter-play between judicial review and the Court of Protection.
Notable Cases
DB (by his Litigation Friend the Official Solicitor) v A Local Authority and CB [2018]
David represented the protected party, DB, who suffered from a learning disability and autism, in this case where issues of contact between DB and family members and the least restrictive care home placement were in issue.
PM v AM and AW [2018]
David represented a professional deputy resisting an application by a protected party’s estranged wife for maintenance payments from a sizable personal injury settlement.
A Local Authority v AM (by her Litigation Friend the Official Solicitor) and four others [2018]
David represented the protected party, AM, who suffered from Alzheimer’s dementia in this complex case where the Local Authority sought a personal welfare order in respect of AM and that lasting powers of attorney relating to two of her children be revoked.
ERS (by her Litigation Friend CL) v A Health Board and X Local Authority [2018]
David represented the Local Authority in this case where the protected party was in the process of being discharged from hospital to her home with care, when she was assaulted by another patient and suffered a stroke, resulting in a significant increase in care needs.
PY (by his Litigation Friend SN) v A Local Authority [2018]
David represented the protected party PY in a case where an agreed trial return home had been agreed with the Local Authority, which later changed its position on whether a trial return home was in PY’s best interests. The case also involved potential judicial review proceedings against the Local Authority’s change of position.
RP (by his Litigation Friend the Official Solicitor) v A Local Authority [2018]
David represented the protected party, who suffered from multiple sclerosis (MS) and had suffered significant physical health issues as a result of self neglect when cared for in the community but consistently expressed a wish to return home.
Appointments
David was appointed as a Chairman of the Valuation Tribunal for England in 2017
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’.
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.
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.
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:
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
“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
“Public Law Challenges in Wales: The Past and the Present” [2013] P.L. 1

Latest News & Publications

David Gardner acts for successful claimant in an application for judicial review...

Date: Mon, 07 Jan 2019