Barrister Profile

Main Areas of Practice

Administrative Law or Judicial Review
Coroners or Inquests
Personal Injury
Public Inquiries

Biography

David was called to the Bar of Northern Ireland in 2006. He has been a member of the GLSNI panel since 2012 (Panel “A” since 2019). He has represented Government bodies including the Secretary of State / NIO, PSNI, MOD, PPS, HMRC, HSENI, Transport NI, NI Prison Service and many of the local Departments. He is also a member of the Coroners’ Panel and the DLS Panel (Medical Negligence & Inquests).

He has specialised in public inquiries. He is currently acting on behalf of HM Government in the Omagh Bomb Inquiry. He has previously acted as Lead Counsel to the Department of Health in the Urology Services Inquiry, on behalf of the acting Head of the Civil Service in the Renewable Heat Incentive (RHI) Inquiry and on behalf of the Department of Justice in the Historical Abuse Inquiry (HIA). He acted as Junior Counsel to the Public Inquiry into Hyponatraemia-Related Deaths in Northern Ireland.

He has a keen interest in cases involving issues of clinical negligence and personal injury. He acts on behalf of Trusts, PSNI and various Government departments in defending claims against public authorities, including cases involving medical negligence, unlawful arrest, false imprisonment, discrimination, cases under the Roads Order, employer’s liability, claims by prisoners and noise-induced hearing loss.

In coronial inquests, he has acted on behalf of the Coroner in numerous inquests, involving issues ranging from deaths following medical treatment, drug overdoses, stillbirth, teenage suicide and road traffic accidents.

Qualifications

2005; M.A. (Hons), University of Cambridge

2006; Certificate of Professional Legal Studies (Distinction)

2006 - present; Member of the Bar of Northern Ireland

2012 - present; Member of the Bar of Ireland

2012 – present; Member of the Government Legal Services Civil Panel

2016 - present: Member of the Coroners Panel of Counsel

2019 - present; Member of the Directorate of Legal Services Panel (Medical Negligence & Inquests)

2016 – present; Secretary of the Personal Injuries Bar Association

2010 - 2013; Junior Counsel, Inquiry into Hyponatraemia-Related Deaths

2008 - 2010; Chairman of the Young Bar Association

2012; International Academy of Trial Lawyers – Delegate, Ireland Programme

Member of the Personal Injuries Bar Association of Northern Ireland

Member of the Judicial Review Bar Association of Northern Ireland

Member of the Commercial Bar Association

2019 & 2024:Technical Consultant to the Judicial Studies Board Committee

Experience

Public Inquiries:

Omagh Bomb Inquiry: Acting for HM Government.

Urology Services Inquiry: Acted as Lead Counsel for Department of Health

Renewable Heat Incentive (RHI) Public Inquiry: Acted for the Head of the Civil Service.

Historical Institutional Abuse (HIA) Public Inquiry: Acted for DOJ.

Public Inquiry into Hyponatraemia-Related Deaths in Northern Ireland: Acted as Junior Counsel to the Inquiry.

Recent cases on behalf of state bodies:

Fryers & Hogg v Secretary of State for Northern Ireland [2024] UKUT 48 (AAC): Acted for SOSNI in these appeals by the Applicants to the Upper Tribunal against National Security Certificates signed by SOSNI. Case involved closed proceedings. Appeals dismissed.

McCaffrey Birney v Chief Constable of PSNI & Others: Acting for PSNI at the Investigatory Powers Tribunal in relation to a complaint by investigative journalists that they have been the subject of unlawful surveillance. Decision awaited.

Holbeach v Chief Constable of PSNI [2024] NICA 45: Acted for PSNI in application to strike out the Plaintiff/Appellant’s case. Court of Appeal upheld the strikeout.

Re: Zhang [2024] NICA 41: Acted for Home Secretary and MOJ in JR application. Applicant challenged the lack of Early Release Scheme available to him as a life sentence prisoner imprisoned in Northern Ireland. Court of Appeal dismissed the challenge.

Re: William Bannon [2024] NIKB 25: Acted for SOSNI in JR application. Applicant challenged the making of an Interim Custody Order in 1973, leading to his internment. Application refused.

Francis Bradley Inquest: Acted for MOD in legacy inquest into the shooting of the deceased by soldiers in February 1986.

Liam Thompson Inquest: Acted for NIO in legacy inquest into the shooting of the deceased by loyalist paramilitaries in April 1994.

Leo Norney Inquest [2023] NICoroner 11: Acted for MOD in legacy inquest into the shooting of the deceased by soldiers in September 1975

HMRC v Moat Lodge [2022] NICA 53: Acted for HMRC as sole Counsel in Court of Appeal. Successfully defended appeal against condemnation orders.

Re: Robert Duffy [2022] NIQB 47: Acted for SOSNI in JR application. Successfully argued that the issuing of an extradition warrant for the Applicant from ROI was valid.

Kieran Smyth JR [2021] NICA 70: Acted for SOSNI in JR application. Applicant challenged the decision of SOSNI to revoked his licence and recall him to prison. Court of Appeal upheld the decision.

Re: Michael Gallagher [2021] NIQB 85: Acted for SOSNI as part of multi-Counsel team in this High Court judicial review of the decision of SOSNI not to hold a Public Inquiry into the Omagh bombing.

Publications

“Guidelines for the Assessment of General Damages in Personal Injury Cases” (the “Green Book”) – Technical Consultant to the Judicial Studies Board Committee 2019 and 2024