3PB

Clinical Negligence; Personal Injury; Crime; Property and Estates.

Overview

Following the successful completion of his pupillage at 3PB, David Jenkins has developed a busy common law practice on the Western Circuit.

David is known for being a dedicated and detail-orientated practitioner who utilises robust advocacy skills both in the Court room and during negotiation. He prides himself on his strong client care skills and his understanding of the needs of lay and professional clients.

Prior to joining Chambers, David previously worked for almost two years as a self-employed County Court advocate/outdoor clerk for a large national solicitors firm, which provided him with a daily experience of Court advocacy. Thereafter, David joined a prominent local firm of solicitors in Cambridge as a conveyancer, where he worked for over a year before becoming admitted as a Solicitor. Shortly after being admitted to the Solicitors’ Roll, David became employed as an in-house advocate at large firm of personal injury solicitors, thereby gaining further experience of contentious litigation.

David showcased his research and editorial skills as an editor of Lexis®PSL’s corporate crime service, which provides professional-level practical guidance to corporate lawyers on the implications of criminal law and procedure.

Away from work, David enjoys socialising with friends. He has a passion for motor-racing and car mechanics, and can often be found under the engine cover of his 1978 Bertone X1/9 project car. He has also trained in cocktail mixology and “flair” bartending so he can enjoy the pleasure of a flamboyantly-mixed Manhattan at the end of a busy week!

David was admitted as a Solicitor of England and Wales (2013) and ceased practising, and was removed from the roll upon commencement of pupillage in October 2014.

Clinical Negligence

David has a wealth of experience of County Court personal injury litigation acting for both Claimants and Defendants in a wide range of matters, including:

Road Traffic Accident Claims (including cases involving multiple vehicles/parties, significant injuries, low velocity impact, liability and causation disputes, and claims for credit hire) Occupier’s Liability Claims Employer’s Liability Claims Animal Act Claims.

David accepts instructions to:

Represent clients at Court in application hearings, case management hearings, trials, disposal hearings, and infant settlement approval hearings (in cases proceeding through or having exited from the relevant MOJ portal, as well as those allocated to the fast track and small claims track) Advise lay and professional clients on liability and causation Advise lay and professional clients on quantum (the value of the claim) in personal injury cases Draft pleadings, applications and documents.

David is knowledgeable on issues surrounding pre-action disclosure, relief from sanctions, Part 36 consequences, applications to set aside judgment and costs.

Before practising at the Bar, David worked for almost two years as a self-employed County Court advocate/outdoor clerk for a large national solicitors’ firm, specialising in civil advocacy. During this time David conducted hundreds of County Court hearings, including those for infant settlement approval; applications to set aside default judgment; summary judgment applications; directions hearings; multi-track case management conferences; applications for permission to appeal; appeals; enforcement proceedings; bankruptcy and winding-up petitions; injunctions; and small claims trials.

After qualifying as a solicitor, David worked as an in-house advocate at a large firm of personal injury solicitors, where he was principally tasked with writing advices on quantum in personal injury claims.

During his pupillage, David gained a particular interest in Clinical Negligence work, after spending four months under the supervision of Hamish Dunlop. He is keen to expand on this area of his practice.

Personal Injury

David has a wealth of experience of County Court personal injury litigation acting for both Claimants and Defendants in a wide range of matters, including:

Road Traffic Accident Claims (including cases involving multiple vehicles/parties, significant injuries, low velocity impact, liability and causation disputes, and claims for credit hire) Occupier’s Liability Claims Employer’s Liability Claims Animal Act Claims.

David accepts instructions to:

Represent clients at Court in application hearings, case management hearings, trials, disposal hearings, and infant settlement approval hearings (in cases proceeding through or having exited from the relevant MOJ portal, as well as those allocated to the fast track and small claims track) Advise lay and professional clients on liability and causation Advise lay and professional clients on quantum (the value of the claim) in personal injury cases Draft pleadings, applications and documents.

David is knowledgeable on issues surrounding pre-action disclosure, relief from sanctions, Part 36 consequences, applications to set aside judgment and costs.

Before practising at the Bar, David worked for almost two years as a self-employed County Court advocate/outdoor clerk for a large national solicitors’ firm, specialising in civil advocacy. During this time David conducted hundreds of County Court hearings, including those for infant settlement approval; applications to set aside default judgment; summary judgment applications; directions hearings; multi-track case management conferences; applications for permission to appeal; appeals; enforcement proceedings; bankruptcy and winding-up petitions; injunctions; and small claims trials.

After qualifying as a solicitor, David worked as an in-house advocate at a large firm of personal injury solicitors, where he was principally tasked with writing advices on quantum in personal injury claims.

During his pupillage, David gained a particular interest in Clinical Negligence work, after spending four months under the supervision of Hamish Dunlop. He is keen to expand on this area of his practice.

Crime

David has a passion for criminal law and regularly accepts instructions in a broad range of criminal work in the Youth Court, Magistrates’ Court and Crown Court. He has represented clients at all stages of proceedings, including case management hearings, applications, trials, sentencing hearings and appeals. He has a strong working knowledge of the rules surrounding criminal evidence and procedure. He is graded as a Grade 3 prosecutor for the CPS.

David is experienced at representing defendants in cases involving:

Violence (including domestic violence cases, common assaults, assaults occasioning actual bodily harm, and allegations of violent behaviour whilst in drink) Criminal damage Dishonesty (including Fraud, Theft, Burglary, Robbery, and Handling stolen goods) Drugs offences Prison Law (including conveying prohibited articles into prison; and parole hearings) Breaches of Court Orders and injunctions (including breaches of Community Orders, Suspended Sentence Orders, Non-molestation Orders, ASBIs; and civil committal proceedings for Contempt of Court) Sexual offences Road traffic offences in both the Magistrates Court and the Crown Court (including cases involving dangerous driving, drink driving, drug driving, speeding, driving without insurance, driving otherwise than in accordance with a licence, mobile phone use, cases where clients are at risk of disqualification, and cases where special reasons or exceptional hardship may persuade a court not to disqualify) School attendance Cases involving dangerous dogs (including criminal aggravated and non-aggravated offences; cases involving destruction orders; and “civil” applications for control orders under the Dogs Act 1871; David has been instructed for both the prosecution and the defence in such cases).

David regularly works with and is sensitive to the individual needs of vulnerable clients, including those facing difficulties with addiction, homelessness and mental disorder. David has experience with working for youths who find themselves involved in the criminal justice system.

David often acts a prosecutor for Local Government and the National Probation Service. David has also gained experience in regulatory offences and offences relating to school attendance.

David has edited published practice notes for Lexis®PSL’s corporate crime service, which provides practical guidance to corporate lawyers on the implications of criminal law and procedure.

David is a member of the Criminal Bar Association.

Media reports

R v Russell (2016)  - defence brief in a Crown Court drug-driving case http://m.bournemouthecho.co.uk/news/14684420.Spared_jail__drug_driver_who_was_almost_20_times_the_limit/?ref=mr&lp=10#comments-anchor R v Wright (2015) – prosecution brief in a dangerous dogs case http://www.bournemouthecho.co.uk/news/13836840.Dog_owner_ordered_to_keep__dangerous__Staffie_under_control_after_attack/?ref=mc&lp=7 Property and Estates

David’s Property law practice is rapidly increasing. He is able to draw on a wealth of experience and accepts instructions for advocacy, advisory, and drafting work in a broad range of Property matters from housing law cases to landlord and tenant disputes, including:

Possession Claims Landlord and Tenant Claims (residential and commercial) Orders for Sale Charging Orders Forfeiture Access Injunctions Tenancy Deposit Disputes Housing Injunctions Nuisance Adverse Possession Trespass Boundary Disputes Restrictive Covenants Easements (including rights of way).

David is knowledgeable on issues surrounding pre-action disclosure, relief from sanctions, Part 36 consequences, applications to set aside judgment and costs.

Prior to coming to commencing pupillage, David worked as a conveyancer for over a year at a prominent local firm of solicitors in Cambridge, gaining an appreciation of the intricacies of Property law. David was often tasked with drafting leases and transfer deeds; conducting (often complex) investigations on title in order to procure first registrations; negotiating terms of sale; and advising clients on easement, covenant, and service-access-related issues that affected conveyances. David was also tasked with the conveyancing of plot sales on a large new-build estate developed by a subsidiary of a major multi-national construction firm. This experience provided David with a sound background for a whole range of Property work from issues surrounding restrictive covenants and boundaries to leasehold enfranchisement.

David also came to Chambers with almost two years’ experience of civil advocacy, having worked as a self-employed County Court advocate/outdoor clerk for a large national solicitors firm. During this time David conducted hundreds of County Court hearings, including those for mortgage possession; possession from trespassers; applications to set aside default judgment; summary judgment applications; directions hearings; multi-track case management conferences; applications for permission to appeal; appeals; enforcement proceedings; bankruptcy and winding-up petitions; gas access injunctions; an anti-social behaviour injunction; commercial and residential landlord disputes and possession proceedings; and small claims trials.

Year of call 2010 Admitted as a Solicitor of England and Wales (2013) (ceased practising and removed from the roll upon commencement of pupillage in October 2014)

Family Law Bar Association The Criminal Bar Association The Honourable Society of the Inner Temple

LLB (hons) degree – University of Nottingham (2009) BVC - Nottingham Law School (2010) QLTT Head III (Oxford Brookes University) (2012)

Away from work, David enjoys socialising with friends. He has a passion for motor-racing and car mechanics, and can often be found under the engine cover of his 1978 Bertone X1/9 project car. He has also trained in cocktail mixology and “flair” bartending so he can enjoy the pleasure of a flamboyantly mixed Manhattan at the end of a busy week!