David Mitchell

Year of call:
2004
Email:
david.mitchell@39essex.com

Clerks:
+44 (0)20 7832 1111

“David is an outstanding advocate and his ability to grasp complex areas of law second to none.” 
The Legal 500 2023

“David gives his all under difficult circumstances and has been very generous with his time. He is very good on his feet indeed and unfazed by “bigger” opposition. Clients love him.”’
The Legal 500 2021

David’s practice spans information and media, employment, and administrative and public law. He also has a developing practice in sport law. He is ranked as a leading junior in Defamation & Privacy, Data Protection, Employment, Administrative Law & Human Rights and Immigration (including Business Immigration). David was shortlisted for “Technology and data junior of the year” at The Legal 500 Bar Awards 2022. He was a member of the Attorney General’s A panel of junior civil counsel until 2021 and is appointed to the Equality and Human Rights Council’s B panel. David accepts direct public access instructions.

 

 

Information & Media


“A very approachable barrister with clients and a strong background in high value claims.”  The Legal 500, Defamation & Privacy 2021

In his media practice, David advises and acts in libel, slander, malicious falsehood, breach of confidence/misuse of private of information and data protection matters. His clients include private individuals, journalists, MPs, political parties, free speech organisations, central and devolved government departments, corporate bodies, non-governmental organisations (NGOs) and charities.

In his information law practice, David advises in respect of regulatory matters involving the Information Commissioner’s Office (ICO) and acts in private law data protection claims in the civil courts and public law judicial review claims in the Administrative Court. David appears before the First-tier Tribunal and Upper Tribunal in Freedom of Information Act (FOIA) appeals.

David was shortlisted for “Technology and data junior of the year” at The Legal 500 Bar Awards 2022.

Cases of note:

  • Sahota v MATV [2021] EWHC 3363 (QB) – Libel damages following trial of £60,000 plus indemnity costs and injunctions for claimant political activist.
  • Foreign Commonwealth and Development Office v Information Commissioner, Lownie & Ors (Sections 23 and 24) [2021] UKUT 248 (AAC); [2022] 1 W.L.R. 1132 – Successful appeal against release of papers of Cambridge Spy, Guy Burgess, under FOIA. Leading authority on national security exemptions (led by Sir James Eadie QC).
  • Commissioner of Police of the Metropolis v Kevin Spacey QB/2021/00367 – Without notice worldwide interim injunction for destruction of confidential information concerning the right to anonymity under s1, Sexual Offences (Amendment) Act 1992. Conflict of laws with US.
  • Greenstein v Campaign Against Antisemitism [2021] EWCA Civ 1006; [2021] E.M.L.R. 24 (CA) – Right to reputation of rehabilitated offender. Malice plea under s.8(5) Rehabilitation of Offenders Act. For appellant.
  • Sivier v Riley [2021] EWCA Civ 713; [2021] 4 W.L.R. 84; [2021] E.M.L.R. 22 (CA) – Appeal against strike out of publication on a matter of public interest defence (s4 Defamation Act 2013). Successful for appellant journalist.
  • RPB v Her Majesty’s Revenue and Customs [2019] EWHC 3852 (QB) – Successful for defendant in transferring misuse of private information and DPA claims from High Court to County Court under s.40(2) County Courts Act 1984. Transfer upheld upon claimant’s appeal.
  • Dhir v Saddler [2018] 4 W.L.R. 1; Times, 2 January 2018 – Successful for claimant following five-day slander trial concerning defendant’s statement that claimant had threatened to slit her throat. Authority on serious harm in the context of slander.

Employment


“Has a wide employment law practice that is bolstered by his knowledge of media and public law.” “He takes a pragmatic approach and is a thorough cross-examiner.” “His knowledge of the law is first-rate and he’s an excellent advocate.” Chambers and Partners 2021

David regularly acts in employment disputes concerning data protection, libel, privacy, freedom of expression and/or reporting issues. In the commercial context, David acts in contractual disputes including breach of confidence and restraint of trade.

Before the Employment Tribunal, David acts for employees and employers in the full range of statutory claims with a particular emphasis on complex discrimination, whistleblowing and working time cases. He has been involved in various appellate cases concerning the jurisdiction of the Employment Tribunal compared to the civil courts.

Cases of note:

  • Yorke v Glaxosmithkline Services Unlimited EA-2019-000962-BA – Successful for employer in complex disability discrimination appeal. Employment Appeal Tribunal guidance on list of issues in case management of disability discrimination claims.
  • Irwell Insurance Company Ltd v Watson [2021] I.C.R. 1034; [2021] Lloyd’s Rep. I.R. 145; Times, March 10, 2021 (CA) – Jurisdiction of the Employment Tribunal to hear claims under the Third Parties (Rights Against Insurers) Act 2010. For appellant insurer.
  • Gemini Europe Ltd v Sawyer [2020] EWHC 3377 (QB) – Non-compete and confidential information interim injunction. For employee (led by William McCormick QC).
  • Hopkins v HMRC [2020] EWHC 2355 (QB) – Employer’s strike out of data protection claims concerning investigation of alleged serious criminality by senior civil servant.
  • London Underground Ltd v Amissah & Ors [2019] I.C.R. 1155, [2019] I.R.L.R. 545 (CA) – Successful for agency workers in group action concerning compensation under Agency Worker Regulations.
  • Thompson v Ark Schools [2019] I.C.R. 292 – Successful appeal for claimant concerning time limits in pregnancy / maternity discrimination (instructed by Equality and Human Rights Commission).
  • Robert Newbound v Thames Water Utilities Ltd [2015] I.R.L.R. 734 (CA): – Successful for employee in appeal concerning apparent bias of Employment Appeal Tribunal.

Administrative & Public


Able to grasp complex cases quickly. Great advocacy skills.” Administrative Law and Human Rights – The Legal 500 2023

“David is a charming but robust advocate and is an asset to his clients.” Immigration (including business immigration) The Legal 500 2023

David’s judicial review practice principally covers immigration, nationality, EU and human rights law. He has acted in various appeals concerning the deportation of foreign national offenders and challenges against the points-based system. He also acts for colleges and universities in Tier 4 sponsorship challenges. David has conduct of national security challenges before the Special Immigration Appeals Tribunal (SIAC).

Cases of note:

  • R. (Alliance of Turkish Businesspeople) v SSHD [2020] 1 W.L.R. 2436; [2020] Imm. A.R. 1148; [2020] I.N.L.R. 564 (CA) – Successful cross-appeal concerning whether ECAA immigration guidance was capable of giving rise to a substantive legitimate expectation (led by Sir James Eadie QC).
  • R. (Karagul & Ors) v SSHD [2019] EWHC 3208 (Admin) – Replacement of statutory appeal by administrative review for ECAA applicants did not breach principle of effectiveness under EU law (led by Deok Joo Rhee QC).
  • Home Office v JA [2019] EWHC 49 (QB) – Successful appeal against finding of unlawful detention concerning eight-month-old child who had not proven his British nationality under the British Nationality (Proof of Paternity) Regulations 2006.
  • Soner Kotuk v Entry Clearance Officer, Warsaw [2019] 4 W.L.R. 10 [2019] Imm. A.R. 735 (CA) – The Court of Appeal confirmed “standstill clause” in the additional protocol to the Ankara Agreement did not apply to right of establishment. Successful for respondent (led by Deok Joo Rhee QC)
  • R. (Fire Brigades Union) v South Yorkshire Fire and Rescue Authority [2018] EWHC 1229 (Admin); [2018] I.R.L.R. 717; [2018] 3 C.M.L.R. 27 – For defendant fire authority in judicial review concerning compliance of firefighters’ shift system with Working Time Regulations.
  • R. (Talpada) v SSHD [2018] EWCA Civ 841 (CA): – Successful for SSHD concerning points based system (PBS) challenge based on evidential flexibility and legitimate expectation.
  • NE-A (Nigeria) & HM (Uganda) v SSHD [2017] EWCA 239; Imm. A.R. 1077; [2018] INLR 88 (CA) – Successful in joined appeals concerning article 8 claims of foreign national offenders resisting deportation.

Sport


In his information and media practice, David advises sportspeople and organisations in disputes concerning print and broadcast media, misuse of private information and data protection. In his employment practice, David advises and acts in disputes concerning wrongful dismissal, breach of confidence and restraint of trade. He is also experienced in statutory claims for unfair dismissal, whistleblowing and discrimination in the sports sector (Kelly v PGA European Tour – Employment Appeal Tribunal and Court of Appeal). In his media and employment law practices, David is used to acting on an urgent basis in applications for interim injunctive relief. Drawing on his expertise across these areas, David was a guest speaker at the LawInSport inaugural Motorsport Law Conference in 2021 discussing “Trusting your team and protecting sensitive data”.

Recommendations


“David is an outstanding advocate and his ability to grasp complex areas of law second to none.”  The Legal 500 2023 – Employment

“Able to grasp complex cases quickly. Great advocacy skills.” The Legal 500 2023 –  Administrative Law and Human Rights

“David is a charming but robust advocate and is an asset to his clients.” The Legal 500 2023 – Immigration (including business immigration)

“Has a wide employment law practice that is bolstered by his knowledge of media and public law.” “He takes a pragmatic approach and is a thorough cross-examiner.” “His knowledge of the law is first-rate and he’s an excellent advocate.” Chambers & Partners 2021 – Employment

“David gives his all under difficult circumstances and has been very generous with his time. He is very good on his feet indeed and unfazed by “bigger” opposition. Clients love him.”’ The Legal 500 2021 – Employment

David excelled at providing practical and thorough technical advice which, in conference with our lay client, he was competently able to condense and explain.” The Legal 500 2021 – Defamation & Privacy

“A strong advocate who is very pragmatic and excellent at handling a judge.” “He has broad knowledge of all aspects of employment law and is a fierce advocate who will fight for the client.” Chambers & Partners 2020 – Employment

“An excellent barrister with all the key ingredients: a good mind; being tactically astute; knowledgeable in the law and a compelling manner with clients.” The Legal 500 2020 – Employment

“Attracting attention in both defamation and privacy matters.” The Legal 500 2020 – Defamation & Privacy

“Really thorough in his preparation. Excellent on his feet and well-liked by clients.” Chambers & Partners 2019 – Employment

“His work is always of a high standard. He is always well prepared and extremely approachable.” The Legal 500 2019 – Defamation & Privacy

“Sharp and incredibly focused. He has a finely tuned moral compass and is excellent on his feet.” Chambers & Partners 2018 – Employment

“He is thorough and sensible.” The Legal 500 2018 – Employment

“He is a very bright guy and is very user-friendly for clients.” “He works hard to get his head around complex law and delivers fantastic results for the clients.” Chambers & Partners 2017 – Employment

“He is extremely approachable and his work is always of a high standard” The Legal 500 2017 – Employment

“He’s very practical, great on his feet and he tells it how it is.” “He is capable of getting into the essence of a case and keeping things simple.” Chambers & Partners 2016 – Employment

“Bright, enthusiastic, driven, honest and very good with clients.” The Legal 500 2016 – Employment

“He’s very good on his feet and has a can-do attitude.”  Chambers & Partners 2015 – Employment

“He always provides honest, practical advice, and is excellent with clients.” The Legal 500 2015 – Employment

“He has a very good grasp of the public sector,” “an outstanding junior who will go far.” Chambers & Partners 2014 – Employment

David 's Practice Areas


David 's Sectors


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