Barrister Profile
DAVID MCMILLEN KC
Year of Call: 1985
KC: 2011
Main Areas of Practice
Administrative Law or Judicial Review
Commercial Law
Personal Injury
Public Inquiries
Biography
I have been involved in a broad range of high profile civil actions. In over seven years as Junior Counsel to the Attorney General I acted for Government Departments and other public bodies in major judicial review applications. These included a broad spectrum of Human Rights issues, from adoption to prisoners’ rights and freedom of the press. I also advised Ministers and Government Departments on the lawfulness of proposed actions and legislation. In addition I acted in many procurement cases of great complexity and very high value. Further I have appeared for public bodies and private clients in a variety of commercial and construction cases. Since taking Silk I have continued to act in these areas for a broader range of clients. My practice has expanded to encompass personal injury actions, particularly those with a high value or particular complexity.
I am a qualified mediator having completed the course run by Queen’s University and the Law Society.
Qualifications
2004 - 2011; Junior Counsel to the Attorney General
Experience
The following are a selection of some of the reported and unreported cases I have been engaged in :-
BAM v Department for Infrastructure - Public Procurement action before the Court of Appeal arising out of a £100M roads contract
Hawthorne & White’s Application [2020] NICA 33 - Judicial Review proceedings before the Court of Appeal challenging the power of the Police Ombudsman to arrive at conclusive findings
Northstone v Department of the Environment - Public Procurement action relating to £40M road resurfacing contracts
Agnew & Ors v Chief Constable [2019] NICA 33 - Court of Appeal judgment on the right to claim underpaid holiday pay by some 3,500 police officers and other (current subject of an appeal to the UKSC)
Health Service Workers Litigation - claim by one thousand workers alleging that they have been underpaid for certain nightwork
Patterson, Robert v Castlereagh Borough Council [2015] NICA 47 (test case on assessment of holiday pay)
Gaughran v The Chief Constable of the Police Service of Northern Ireland [2015] UKSC 29 (challenge to policy of retaining DNA profiles by police)
Leisure Arcades Limited; in re application for judicial review [2015] NICA 36 (challenge to licensing of amusement arcade)
Northern Ireland Human Rights Commission; in re application for judicial review [2013] NICA 37 (challenge to adoption law)
Board of Governors of Loreto Grammar School; in re application for judicial review [2011] NIQB 30 (judicial Review of decision not to provide £14.6M for a school building)
R A; in re application for judicial review [2010] NIQB 99; [2011] NI 20 (challenge to detention of terrorist suspects)
JR45; in re application for judicial review [2011] NIQB 17; [2012] NIJB 36 (challenge to Mental Health Tribunal proceedings)
Duffy, Colin & ors; in re application for judicial review (No 2) [2011] NIQB 16; [2011] NI 194 (challenge to detention of terrorist suspects)
Traffic Signs and Equipment Limited v Department for Regional Development & another [2011] NIQB 25; [2011 NIJB] 322 (public procurement, tenders)
Post traumatic stress disorder group action [2009] NICA 33,34,36 and 39
Northern Ireland Commissioner for Children and Young People; in re application for judicial review [2009] NICA 10; [2009] NI 235 (attempt to outlaw smacking of children in all circumstances)
Pharmaceutical Contractors Committee (NI) Ltd & ors; in re application for judicial review [2010] NIQB 3 (judicial review into funding of pharmaceutical services)
JR27; in re application for judicial review (No 2) [2010] NIQB 143; [2011] NIJB 246 (challenge to the compatibility of retention of DNA samples)
JR1 [2011] NIQB 5 (judicial review of Chief Constable’s decision to employ taser weapons)
Society for the Protection of Unborn Children; in re application for judicial review [2009] NIQB 92; [2010] NIJB 185 (judicial review of the law in relation to abortion)
Carter, Christopher Charles; in re application for judicial review [2011] NIQB 15; 2011 NIJB 350 (successfully resisted renewal of leave application in a challenge to the smoking legislation)
Henry Brothers (Magherafelt) Limited & ors v Department of Education for Northern Ireland [2011] NICA 59; [2012] NIJB 230 (procurement challenge with capital value of circa £800M)
McLaughlin and Harvey Limited v Department of Finance and Personnel [2008] NIQB 25 (procurement challenge with a capital value of circa £650M)
Central Craigavon Limited; in re application for judicial review [2010] NIQB 102; [2011] NI 31 (judicial reviews as to grant of planning permission; Sprucefield and John Lewis case)
P & ors; in re (adoption; unmarried couple) [2008] UKHL 38; [2008] NI 310; [2008] 3 WLR 76; [2008] 2 FCR 366 (challenge to the compatibility of adoption legislation)
McE; in re; M; in re; C & anor; in re [2009] UKHL 15; 2009 2 WLR 782; 2009 2 Cr App R 1; 2009 NI 258 (challenge to lawfulness of “bugging” solicitor/client consultations)
Tesco Stores Limited; in re application for judicial review [2010] NIQB 15 (Kinnegar Residents Association challenge to Belfast City Airport’s potential development)
Magennis, Feargal; in re application for judicial review [2010] NICA 43 (challenge to the Child Support Assessment system)
Belfast City Council; in re application for judicial review [2008] NIQB 13; [2008] NI 277 (case which established principle allowing judicial review of sentencing decisions)
Callaghan, Kenneth v Independent News & Media Limited [2008] NIQB 15 (Prison Service obtained injunctions to stop newspapers publishing photos of released sex offenders)
R v Marshall Acted, pro bono, in death penalty case from Jamaica
HM Secretary of State for Northern Ireland; in re application for judicial review [2006] NIQB 94 (Prison Service sought a declaration that it could feed a prisoner on hunger strike)