Region Area

Barristers

David Mitchell

David Mitchell

Position

Specialisation in Employment, Public and Defamation, Privacy and Information law. Current / recent work includes:

Employment: Irwell Insurance Company Ltd v Watson & Ors, CA (jurisdiction of ET under Third Parties (Rights Against Insurers) Act 2010), PGA European Tour v Kelly, EAT (re-engagement order exceeding £450k), London Underground Ltd v Amissah & Ors, CA (group action under Agency Worker Regulations), Agarwal v Cardiff University, CA (jurisdiction of ET to determine contractual terms) and Thompson v Ark Schools, EAT (pregnancy / maternity discrimination time limits).

Public: Alliance of Turkish Businesspeople v SSHD, CA (whether immigration guidance founded substantive legitimate expectation), Karagul v SSHD (changes to immigration rules re ECAA applicants did not breach principle of effectiveness) and Kotuk v ECO, Warsaw, CA (“standstill clause” in Ankara Agreement did not apply to right of establishment).

Defamation, Privacy and Information law: Riley v Sivier (for defendant journalist), RPB v HMRC (transfer of misuse of private information and DPA claim to County Court), Dhir v Saddler (serious harm in context of slander) and Qureshi v IC & Home Office (FOIA appeal concerning s.24 national security exemption).

Career

2004 call. Attorney General’s A (2016), B (2012) and C (2009) panels. Equality and Human Right’s Commission’s B panel (2016 & 2019)

Memberships

Employment Law Bar Association; Employment Lawyers’ Association; Discrimination Law Association; Administrative Law Bar Association; Bar Human Rights Committee; Employment Law Appeal Advice Scheme, Bar Council’s Retention panel.

Education

Manchester University (BA Hons, History), College of Law, York (PgDL) & Nottingham Law School (BVC).

Mentions

London Bar

Data protection

Leading junior3
David Mitchell – 39 Essex Chambers ‘David is an exceptional barrister. He really fights his client's corner and his submissions are delivered brilliantly.’
London Bar

Employment

Leading junior2
David Mitchell – 39 Essex Chambers 'David has a very deep knowledge of all elements of employment law. He is a devastating cross-examiner and a superb advocate.'