Viewing: Public Law for David Gardner

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 and in the Immigration Tribunals (both First-Tier and Upper Tribunals). David has also appeared in a number of other jurisdictions including in education cases, criminal cases, and parole hearings.
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.
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, the Society of Legal Scholars, 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.
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.
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.
R (AA) v Coventry City Council (JR/2146/2019)
Represented the Respondent in the Upper Tribunal in a judicial review challenging the Respondent’s age assessment, which determined that the Applicant was over-18.
R (Ali) v Halton Borough Council (CO/2930/2019)
Represented the Claimant in the Administrative Court challenging the decision of the Defendant to refuse to provide accommodation and support for a former relevant child and failed asylum seeker without conducting a human rights assessment.
R (Mutimba) v Secretary of State for the Home Department (CO/2954/2019), R (Naderazi) v Secretary of State for the Home Department (CO/3004/2019), R (Azarbouz) v Secretary of State for the Home Department (CO/3184/2019), R (Ibilola) v Secretary of State for the Home Department (CO/3604/2019)
Represented the Claimant in these cases in the Administrative Court, all of which challenged the Defendant’s failure to provide accommodation and support under s.4 of the Immigration and Asylum Act 1999.
HA v Secretary of State for the Home Department (PA/02835/2018)
Represented the Appellant in the First-Tier Tribunal and Upper Tribunal (Immigration and Asylum Chamber) where the Appellant was a member of the Afghan armed forces who fear reprisal from the Taliban if returned to Afghanistan.
TDS v Secretary of State for the Home Department (HU/20924/2018)
Lead by Dr S. Chelvan. Represented the Appellant in the Upper Tribunal (Immigration and Asylum Chamber) challenging the decision of the Respondent to make a deportation order against the Applicant, who was born in the UK, on article 8 grounds.
RCD v Secretary of State for the Home Department (RP/00004/2017)
Represented the Appellant in the Upper Tribunal (Immigration and Asylum Chamber) where the First-Tier Tribunal Judge had failed to properly determine whether the Appellant should be classed as a refugee.
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 and 2019 editions.
David co-wrote the Administrative Court Judicial Review Guide in 2016 and 2017 with Mrs Justice Whipple and Mr Justice Lewis.
David is an expert contributor for Lexis Nexis PSL.
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

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