Region Area

Barristers

David Gardner

David Gardner

Work Department

Public Law

Position

Barrister

Career

David regularly represents Claimants and Defendants in judicial reviews and appears in the Court of Appeal and the Administrative Court doing so. He appears regularly in the Court of Protection. David has also appeared in a number of other jurisdictions including in Public Inquiries, the Immigration Tribunals (both First-Tier and Upper Tribunals), 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 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.

Memberships

Fee-paid Employment Judge (2024-present) Senior Member of the Valuation Tribunal for England (2017-2024) Approved panel counsel for the Equality and Human Rights Commission Approved panel counsel for the Welsh Government Public Law Wales (Treasurer) South West Administrative Lawyers Association (Secretary) Administrative Law Bar Association (ALBA) Court of Protection Practitioners Association (COPPA) Human Rights Lawyers Association Liberty Member of the Western Circuit Member of the Wales and Chester Circuit

Education

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

Personal

PUBLICATIONS

David’s book ‘Administrative Law and the Administrative Court in Wales’ was published by the University of Wales Press in 2016.

https://www.uwp.co.uk/book/administrative-law-and-the-administrative-court-in-wales-hardback/

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 inaugural Administrative Court Judicial Review Guide in 2016 (and the first update in 2017) with Mrs Justice Whipple and Mr Justice Lewis (as he then was).

David has written a number of articles on public and administrative law, including:

·      “Administrative Law and the Administrative Court for – or in – Wales” in ‘Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review’ (2021) Hart Publishing

·      “An Administrative Law Code for Wales: Benefits to Reap and Obstacles to Overcome” Statute Law Rev, Volume 40, Issue 3, October 2019, Pages 273–286

·      “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

 

Leisure

David is a keen cricketer, both as a player and spectator.

Mentions

Midland Circuit • Regional Bar

Administrative law and human rights

Leading junior1
David Gardner – No5 Barristers’ Chambers ‘David is a very talented and dedicated public law specialist. He is well liked by clients who appreciate his empathy and straightforward advice. His insight and ability to advise on procedural issues is also invaluable.'
Wales and Chester Circuit • Regional Bar

Administrative law and human rights

Leading junior1
David Gardner  – No5 Barristers’ Chambers 'A very talented and dedicated public law specialist who is well liked by clients and appreciated for his empathy and straightforward advice.'
Western Circuit • Regional Bar

Administrative law and human rights

Leading junior1
David Gardner – No5 Barristers’ Chambers 'David is a very talented and dedicated public law specialist, well-liked by clients who appreciate his empathy and straightforward advice.'
Wales and Chester Circuit • Regional Bar

Court of Protection and community care

Leading junior1
David Gardner – No5 Barristers’ Chambers 'David's legal knowledge of the Mental Capacity Act is second to none. His superb knowledge of wider public policies and legislation strengthens his ability in the sphere beyond measure. His exceptional advocacy style ensures he is able to command the respect of the court and parties to proceedings and that, coupled with his warm and empathetic approach towards the protected party, means he really is the full package.'
Western Circuit • Regional Bar

Court of Protection and community care

Leading junior1
David Gardner – No5 Barristers’ Chambers ‘David is always calm, measured and logical. His drafting is the best, and he advises in thorough detail.’