David Gardner

Viewing: Education Law 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. As such, he has a detailed knowledge of education law, particularly in the context of applications for judicial review.
Since starting at No5 David has gained experience in education matters. He accepts instructions from Appellants and Defendants, with the majority of his instructions coming from local authorities in matters relating to admissions, exclusions and appeals against Educational Health Care Plans (EHCPs). David has represented Defendants in the First-Tier Tribunal and has advised Defendants in a number of education law based judicial review 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.
Notable Cases
R (JJ) v Cardiff City Council (CO/3132/2019)
Represented the Defendant in the Administrative Court defending a decision to refuse funding for a specialist learning disability placement.
R (DJ) 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.
X Local Authority
Advising L/A as to issues concerning the governance and operation of an Outdoor Education Centre in relation to potential JR proceedings.
JB v X Local Authority
Appeal against EHCP section I in respect of 16 plus placement. Child with Autistic Spectrum Disorder, ADHD and Pathological Demand Avoidance.
HW v X Local Authority
Appeal against EHCP in respect of sections B, F and I. Child with ADHD and problems with inattention, hyperactivity and impulsivity.
CH v X Local Authority
Appeal against EHCP in respect of section I. Child with sensory processing difficulties and concentration issues on learning tasks.
MW v X Local Authority
Appeal against ECHP in respect of sections B, F and I. Child with autism spectrum disorder (ASD).
Appointments
Chairman of the Valuation Tribunal for England
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
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.
“An Administrative Law Code for Wales: Benefits to Reap and Obstacles to Overcome” Statute Law Rev, Volume 40, Issue 3, October 2019, Pages 273–286
David has written a number of articles on public, administrative, and criminal law, including:
“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

The UK Administrative Justice Institute has published a blog post by Dr Sarah Nason and David Gardner that summarises their presentation...

Date: Tue, 15 Oct 2019
David Gardner acts for successful claimant in an application for judicial review...

Date: Mon, 07 Jan 2019