Criminal Regulatory & Environmental
Health & Safety
David undertakes a wide range of health and safety work. Often this is linked to his disease and personal injury practice given his experience in industrial accidents, asbestos, hazardous substances and COSHH claims. Clients value the integrated service which he can therefore provide.
These cases have involved fatalities arising from alleged “aerotoxic poisoning”, liquid nitrogen, industrial accidents and all forms of injury arising in an employment or public context.
He acts in both the Crown and Magistrates Courts and at major Inquests.
Given his experience in environmental and pollution matters, he appears in linked prosecutions and pollution claims and in both the civil and criminal aspects of such cases. He has considerable experience of water pollution claims against the Environment Agency.
Environmental
David has been involved in environmental matters for many years. He has been instructed in a large number of major public inquiries, in particular relating to non-domestic local authority planning. He has appeared in inquiries involving large waste applications (both incinerator and landfill operations), mineral applications, strategic manufacturing operations, together with both highway and local plan inquiries. Many of these were for Kent County Council.
He also undertakes general tortious pollution claims, in particular oil and other hazardous substance spillage claims. He has also wide experience of water pollution claims, both in a criminal and civil context. He is frequently instructed in nuisance claims.
Selected Cases
- Re Richard Westgate; Re Matthew Bass [2017] – High profile Inquests into alleged death of a BA pilot from so-called “aerotoxic syndrome”.
- HSE v Street Crane Co [2017] – HSE prosecution for alleged workplace contractions of HAVS by a number of employees.
- Callagher Inquest [2016] – Food poisoning and clinical negligence.
- Chelsea & Westminster Hospital Bowen Inquest and prosecution [2016-17] – Scientist found dead in a laboratory working with liquid nitrogen.
- M25 Beaconsfield Crane Collapse [2014] – Fatality following a crane collapse across the M25 motorway leading to a lengthy inquest and prospective prosecution.
- Odedra v Ball [2012] EWHC 1790 (TCC) – The Court considered issues of privilege and the obligations governing disclosure of expert evidence in a pollution claim.
- EA v NB Real Estate – Water pollution claim.
- EA v Quill International – Water pollution claim.
Articles
- Abbott & Ors v. Ministry of Defence [2022] EWHC 1807 (QB): bulk claim form impermissible
- Applications to set aside judgment are not to be seen as relief from sanction cases. The Denton test does not apply
News
- Abbott & Ors v. Ministry of Defence [2022] EWHC 1807 (QB): bulk claim form impermissible
- Applications to set aside judgment are not to be seen as relief from sanction cases. The Denton test does not apply
Events
Qualifications
- MA (Law) Trinity Hall, Cambridge (scholar)
Memberships
- London Common Law & Commercial Bar Association
- Personal Injuries Bar Association
- Professional Negligence Bar Association
Recommendations
“He is an incredibly intelligent person who offers logical advice. He is pragmatic, down to earth and very effective.”
Chambers & Partners, 2022
“David is without doubt the finest silk in practice in respect of his asbestos work.”
Legal 500, 2022
“Superb to work with – the advice he provides is clear, commercially sensible and tactically astute.”
Chambers & Partners, 2022
“He is a very good advocate who is always on top of his game and is well respected by both clients and opponents.” “He is bright, enthusiastic and extremely experienced in high-level disease cases.”
Chambers & Partners, 2021
“A real expert when it comes to dealing with complex medical and scientific issues and handling multiple experts on these issues.”
Legal 500, 2021
“A top-quality barrister who really knows his area.”; “He’s a very impressive advocate and has a good head for complex issues.”
Chambers & Partners, 2020
“Always immaculately prepared, demonstrating mastery of the papers. He has a prodigious intellect and is also highly personable and approachable. He understands the value of relationships.”
Chambers & Partners, 2018
“His courtroom manner is confident. He presents the arguments in a clear and logical fashion.”
Chambers & Partners, 2018
“He never wastes a word and just instinctively knows what the pressure points are for a judge.”
Chambers & Partners, 2016
“His knowledge of the relevant areas dealing with asbestos litigation is second to none.”
Chambers & Partners, 2016
“He is the consummate tactician and a natural negotiator.”
Legal 500, 2016
“A persuasive advocate who is excellent at assimilating the detail of a case in a short space of time.”
Chambers & Partners, 2015
