David Mitchell

 

Call date: 2004
Email: dmitchell@elyplace.com
Telephone number: 020 7400 9600

David Mitchell

Call date: 2004
Email: dmitchell@elyplace.com
Telephone number: 020 7400 9600

 

Sharp and incredibly focused. He has a finely tuned moral compass and is excellent on his feet.

Chambers and Partners – 2018

He is extremely approachable and his work is always of a high standard

Legal 500 2017 – Employment

He is a very bright guy and is very user-friendly for clients.” “He works hard to get his head around complex law and delivers fantastic results for the clients.

Chambers UK 2017 – Employment

Practice areas

Media & sport  Public & regulatory

David’s practice spans media, employment, commercial and public law. His advocacy is split between trial and appellate work. He is appointed to the Attorney General’s A panel of junior civil counsel and the Equality and Human Rights Council’s B panel. Recommended as a leading individual in Chambers UK and the Legal 500, Chambers UK 2017 notes that David “has a wide employment law practice that is bolstered by his knowledge of media and public law. Clients praise his impressive knowledge and his dedication to his clients and their cases.”

Employment

full range of statutory claims before the ET and common law actions in the High Court. Recent successes in the EAT include Tree v South East Coastal Ambulance Service NHS Foundation Trust UKEAT/0043/17/LA, Amissah & Ors v London Underground Ltd [2017] I.C.R. 581 and Agarwal v Cardiff University [2017] I.R.L.R. 600. Currently instructed before the EAT on behalf of the Equality and Human Rights Commission in a challenge concerning time limits in the context of pregnancy / maternity discrimination and psychiatric illness. Also acting in a forthcoming appeal concerning availability of injury to feelings awards for WTR detriments claims. Recently advised ACAS concerning the jurisdiction of the Central Arbitration Committee to hear a complaint brought against it by the PCS trade union. In the civil courts currently instructed by the Equality and Human Rights Commission in a claim of race discrimination against the Open University regarding its policy excluding Cuban students.

Tree v South East Coastal Ambulance Service NHS Foundation Trust UKEAT/0043/17/LA: successful for employee appellant regarding correct approach of ET to making deposit orders in discrimination claims.

Agarwal v Cardiff University & Cardiff Health Board [2017] I.R.L.R 600: successful for University in appeal concerning jurisdiction of ET to determine employment terms of clinical academics.

Amissah & Ors v London Underground Ltd [2017] I.C.R. 581; [2017] I.R.L.R. 318: successful for group of agency workers concerning assessment of compensation under Agency Worker Regulations.

Robert Newbound v Thames Water Utilities Ltd [2015] I.R.L.R. 734: successful in Court of Appeal on behalf of unfairly dismissed employee. EAT “stretch[ed] the band of reasonable responses to an infinite width” (Bean LJ) and erred re. apparent bias.

GW v Ministry of Justice (Central London ET): for claimant in national security proceedings under rule 94 and schedule 2.

Ramphal v Department for Transport [2015] IRLR 985, EAT: for Respondent in appeal concerning unfair dismissal / role of HR in decision to dismiss. Whilst Appellant succeeded before EAT case settled upon the Respondent’s further appeal to Court of Appeal.

Gale & Ors v Mid & West Wales Fire and Rescue Service UKEAT/0365/14: successful defence of group action for detriments under WTR 1998. Previously acted in leading authority concerning WTR detriments – Arriva v Nicolaou [2012] I.C.R. 510, EAT.

Jean-Charles v Department for Work and Pensions UKEAT/0905/14: successful cross-appeal for DWP who refused to reinstate ex-employee until she repaid monies owed to employer (ss.113 & 117 ERA).

Media & sport

defamation, privacy, malicious falsehood, breach of confidence and data protection. Recent work includes obtaining an ex parte privacy injunction on behalf of a prominent businessman, advising the Attorney General regarding a contra mundum injunction for lifelong anonymity in the case of A&B (arising from the 2009 Edlington attacks) and advising on the enforceability of s.40 Crime & Courts Act 2014 concerning costs awards against media organisations post-Leveson (yet to come into force).

Lee Johnson v Ministry of Justice [2016] EWHC 177 (QB): defending libel suggesting claimant was subject to a General Civil Restraint Order. Successful strike out of common law claim. Extant statutory claim stayed as claimant subject to an all proceedings order (s. 42 SCA 1981).

KLA v Chief Constable of Surrey and News Group Newspapers: for claimant in privacy, misfeasance in public office and HRA claims against police and privacy and harassment claims against the newspaper concerning sale of the victim of crime’s private information to the Sun newspaper.

Romanova v Sloutsker, Court of Appeal: for the appellant Russian journalist on behalf of Media Law Defence Initiative in her challenge against jurisdiction judgment ([2015] EWHC 545 (QB)) permitting the libel claim of a Russian oligarch to be brought in the English courts.

Ministry of Defence v Rusty Firmin & Bloomsbury Publishing: Memoirs of SAS soldier withdrawn from sale on behalf of Claimant (confidence, DPA and copyright).

Associated Newspapers Ltd v Duncan Bannatyne [2015] EWHC 3467 (Ch): breach of confidence and privacy – advising former wife of Defendant.

Yalland v O’Connor: successful set aside of libel judgment for founder of Fathers4Justice.

Dr Haitham Al-Haddad v Times Newspapers Limited: successful libel claim for Islamic scholar.

McAlpine v Bercow [2013] EWHC 1342 (QB): for Defendant in twitter libel claim (led by William McCormick QC)

Public & regulatory

wide-ranging judicial review practice including in national security proceedings before SIAC. Recently acted as amicus curia in extradition appeal before the Divisional Court (Auzins v Latvia [2017] A.C.D. 33) and successful in joined appeals before the Court of Appeal concerning article 8 claims of foreign criminals resisting deportation (NE-A (Nigeria) & HM (Uganda) v Secretary of State for the Home Department [2017] EWCA Civ 239). Also successful in joint appeals in The Queen (on the application of Adewunmi) v Secretary of State for the Home Department [2017] EWCA Civ 1253.

MWH v Secretary of State for the Home Department SN/57/2015: successful for SSHD before SIAC (Singh J) in resisting naturalisation challenge by Iraqi national.

The Queen (on the application of Adewunmi) v Secretary of State for the Home Department [2017] EWCA Civ 1253: successful for Secretary of State before Court of Appeal in joint appeals concerning rejection of Tier 4 (General) Student application and rejection / certification of human rights claim.

NE-A (Nigeria) & HM (Uganda) v Secretary of State for the Home Department [2017] EWCA Civ 239: successful in Court of Appeal on behalf of Secretary of State in joined appeals concerning article 8 claims of foreign criminals resisting deportation.

Auzins v Latvia [2017] A.C.D. 33: amicus curiae in extradition appeal before the Divisional Court concerning interpretation of the Extradition Act 2003.

MB v Secretary of State for the Home Department SN/47/2015: successful defence of refusal of British citizenship to Algerian national based on membership of the GIA, a proscribed organisation under the Terrorism Act 2000.

Regina (Soner Kotuk) v ECO (Warsaw) JR/15777/2014 (Green J): successful for respondent in challenge concerning settlement rights of family members of Turkish businesspersons under the “standstill clause” at Article 41(1) of the Ankara Agreement (ECAA) Additional Protocol. Under appeal to Court of Appeal.

Earthworm v Department for Business, Energy & Industrial Strategy: advising Claimant regarding judicial review of amendments to the Renewable Heat Incentive Regulations.

GSM London v Secretary of State for the Home Department: interim injunction for claimant college preventing deportation of Tier 4 sponsored foreign students.

SG (Eritrea) v Secretary of State for the Home Department: successful for SSHD in Court of Appeal concerning interpretation of Part 5A, Nationality, Immigration and Asylum Act 2002 (Article 8, Public Interest Considerations).

Paul Henke v UKIP: Party’s suspension of former Chairman of UKIP in Scotland declared null and void and in breach of rules of membership. Currently instructed in another claim against UKIP on behalf of an excluded member.

Report of the Morecambe Bay Investigation”: Adviser to Dr Bill Kirkup CBE who reported on maternity and neonatal services at Morecambe Bay Hospitals.

Review into the disclosure handling in the case of R v Mouncher”: Adviser to Her Majesty’s Chief Inspector of the CPS, appointed by the DPP to investigate conduct of the prosecution case in the collapsed trial of R v Mouncher (arising from the murder of Lynette White) amid allegations of police corruption.

Memberships

Employment Law Bar Association
Employment Lawyers’ Association
Discrimination Law Association
Administrative Law Bar Association
Bar Human Rights Committee
Index on Censorship

Pro bono
Employment Law Appeal Advice Scheme (“ELAAS”)
Mary Ward Legal Centre
Bar Pro Bono Unit

Appointments
2016: Attorney General’s Junior Counsel to the Crown – A Panel
2015: Equality and Human Rights Commission B panel
2012: Attorney General’s Junior Counsel to the Crown – B panel
2009: Attorney General’s Junior Counsel to the Crown – C panel

Regulatory information

Vat number: 867769351

Bar Standards Board