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 (both under ss.16 and 21A of the Mental Capacity Act 2005) 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 the Office of the Public Guardian, Local Authorities, Clinical Commissioning Groups, and Local Health Boards. He has also been instructed to act on behalf of professional deputies and families 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
A Local Authority v IC (by her litigation friend the Official Solicitor) and SC [2019]
David represented the protected party in this case where residence orders and deputyship was sought by the local authority, which were objected to by P’s son, who was also considered to have mental health issues.
A Local Authority v VW (by her litigation friend the Official Solicitor) [2019]
David represented the local authority in an application for a residence order where the protected party was living at home but due to hoarding behaviours the home was no longer inhabitable. Further, an order preventing contact with a male associate of P who was living on her property and was preventing carers attending the property was sought.
A Local Authority v RM and GM [2019]
David represented the local authority in an application for a residence order and preventing contact with the protected party’s estranged father, who had been accused of abusing her as a child.
A Local Authority v DK and SK [2019]
David represented the local authority in an application for deputyship where the protected party was held to lack capacity to make decisions as to her property and affairs, had capacity to execute a lasting power attorney, but where her chosen attorney was potentially subjecting her to coercion and control and acting to her detriment.
RS (by her litigation friend the Official Solicitor) v A Local Authority and A Clinical Commissioning Group [2019]
David represented the CCG in this case where capacity was in issue due to a “unique diagnosis” relating to anxiety and where residence and care orders were required as the protected party had a rare skin complaint requiring regular personal care, which she would frequently refuse.
Re: EB [2019]
David represented the Office of the Public Guardian in a case where two contradictory lasting power of attorneys had been executed by the protected party and both of which were cancelled due to a failure to comply with statutory requirements.
Re: JC [2019]
David represented the Office of the Public Guardian in a case where family member deputies who were also trustees of the protected party’s sizable personal injury settlement trust, were considered to have failed to comply with their duties to act in P’s best interests and to keep and file proper accounts and reports.
Re: JT [2019]
David represented the Office of the Public Guardian in a case where family members who were attorneys for the protected party’s property and affairs were considered to have authorised unlawful gifts to themselves and other family members from P’s estate.
KS [2019]
David represented the property party in this case where there were conflicting capacity assessments relating to P’s capacity to make decisions as to her property and affairs.
A Local Authority v MB (by her litigation friend the Official Solicitor) and MA and AB [2019]
David represented the local authority in case management hearings before the Court of Protection and Family Division of the High Court exercising its inherent jurisdiction concurrently. The protected party was a young woman of Pakistani origin. Contact and residence orders were sought in the case as P’s father was considered to be abusing her and/or exercising controlling and coercive behaviour, including attempting to arrange a marriage in Pakistan.
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
 Panel Counsel for the Equality and Human Rights Commission
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.
Member of the Western Circuit
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