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David Willink#4922

David Willink

Lamb Chambers
As a civil servant in the Lord Chancellor’s Department, now the Ministry of Justice, David gained extensive experience in government, including responsibility for civil law reform in the areas of contract, trusts and privacy & freedom of expression. He appeared before Select Committees in both Houses of Parliament, and represented the UK in Brussels, Luxembourg, Strasbourg and Salzburg. He was responsible for the defence of domestic libel law in Steel & Morris v United Kingdom [2005] ECHR 103 (‘McLibel’). He also held responsibility for advice on appointments to Queen's Counsel and senior judicial office.

At the Bar, he has maintained a broad civil practice, acting for claimants and defendants across the areas in which chambers practise. He accepts Direct Access instructions in appropriate cases. In addition, he has developed a practice in all aspects of ecclesiastical law, and is the Deputy Chancellor of the Dioceses of Salisbury and St Albans. He is also a Deputy District Judge.

He writes extensively, both for LexisNexis and for other print and online publications.
Contributed to

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Clinical negligence claims—funding and costs
Clinical negligence claims—funding and costs
Practice notes

This Practice Note covers the different options for funding clinical negligence claims including legal aid, conditional fee agreements (CFAs), and damages based agreements (DBAs). It also discusses costs including what can be recovered and qualified one-way cost shifting (QOCS).

Costs orders—payment and enforcement
Costs orders—payment and enforcement
Practice notes

This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a time limit for payment and provides guidance on the expression and calculation of time limits. It also considers when a costs order can be enforced, whether a costs order can be stayed or deferred and whether a stay of execution of a costs order can be set aside. This Practice Note also considers whether an extension of time can be obtained to comply with a costs order.

Help with court fees and fee remission
Help with court fees and fee remission
Practice notes

This Practice Note contains guidance on the help with court fees (sometimes known as the fee remission) scheme and provides an overview of the eligibility criteria applied, both in terms of an applicant’s savings and their income levels. It also considers appealing a refusal of help with fees and the impact of the availability of the scheme on recoverable costs.

Small claims track (SCT)—costs recovery
Small claims track (SCT)—costs recovery
Practice notes

This Practice Note considers costs in the small claims track (SCT), a track that is dealt with in Part 27 of the CPR. It examines the costs provisions in CPR 27.14(2) and offers assistance on how they have been interpreted by the courts. The Practice Note also covers exceptional circumstances where a successful claimant is able to claim a contractual entitlement to costs.

Surveillance evidence in personal injury claims
Surveillance evidence in personal injury claims
Practice notes

This Practice Note deals with the issues that commonly arise when surveillance evidence is obtained in a case. The legal status of the video footage is considered together with the practical implications for both claimants and defendants.

Claimant’s Part 36 offer—liability only
Claimant’s Part 36 offer—liability only
Precedents

This letter contains wording for a Part 36 offer from the claimant, or for insertion into Form N242A for an offer to settle part of the claim, namely liability only.

Defendant’s Part 36 offer—liability only
Defendant’s Part 36 offer—liability only
Precedents

This letter contains wording for a Part 36 offer from the defendant, or for insertion into Form N242A for an offer to settle part of the claim, namely liability only.

A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an application to the court required?
A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an application to the court required?
Q&As
A tenant occupies a flat on an AST. There is no gas appliance in the flat but there is a communal boiler housed in the common parts of the building. This heats the water supplied to the property. If the landlord wishes to serve a section 21 notice on the tenant, what are the landlord’s obligations regarding provision of gas safety certificates to the tenant?
A tenant occupies a flat on an AST. There is no gas appliance in the flat but there is a communal boiler housed in the common parts of the building. This heats the water supplied to the property. If the landlord wishes to serve a section 21 notice on the tenant, what are the landlord’s obligations regarding provision of gas safety certificates to the tenant?
Q&As
Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?
Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?
Q&As
Can there be a Part 36 offer to multiple claimants by one defendant?
Can there be a Part 36 offer to multiple claimants by one defendant?
Q&As
Can you serve a claim form against someone where their usual residence is a static caravan? If the caravan doesn't have a postcode, would this affect the validity of the service?
Can you serve a claim form against someone where their usual residence is a static caravan? If the caravan doesn't have a postcode, would this affect the validity of the service?
Q&As
Do we need to instruct a medical expert through Medco for soft tissues injuries in a road traffic accident where the claim has exited the portal because either liability is denied or where the defendants failed to respond but where liability is now admitted?
Do we need to instruct a medical expert through Medco for soft tissues injuries in a road traffic accident where the claim has exited the portal because either liability is denied or where the defendants failed to respond but where liability is now admitted?
Q&As
Does a claimant’s claim continue, where the defendant has a counterclaim, the claimant has failed to file a defence to the counterclaim, or the defendant has applied for default judgment?
Does a claimant’s claim continue, where the defendant has a counterclaim, the claimant has failed to file a defence to the counterclaim, or the defendant has applied for default judgment?
Q&As
Following judgment for a sum of money at a disposal hearing, when does the sum become payable by the defendant, and can the defendant appeal the sum ordered?
Following judgment for a sum of money at a disposal hearing, when does the sum become payable by the defendant, and can the defendant appeal the sum ordered?
Q&As
If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?
If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?
Q&As
In the small claims track, if the matter settles after the claim is issued but before the trial is heard, who is responsible for paying the court fee?
In the small claims track, if the matter settles after the claim is issued but before the trial is heard, who is responsible for paying the court fee?
Q&As
Is an interim charging order an 'enforcement action'?
Is an interim charging order an 'enforcement action'?
Q&As
Is there any guidance on what ‘non-residential agricultural buildings with low energy demand’ are for the purposes of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962?
Is there any guidance on what ‘non-residential agricultural buildings with low energy demand’ are for the purposes of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962?
Q&As
To effect service of a document by leaving it at the permitted address in accordance with CPR 6.26(3) must the address be open for business despite it not being a bank holiday or weekend?
To effect service of a document by leaving it at the permitted address in accordance with CPR 6.26(3) must the address be open for business despite it not being a bank holiday or weekend?
Q&As
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Practice Areas

Panels

  • Case Analysis Panel
  • Contributing Author
  • Other Publications
  • Q&A Panel

Qualified Year

  • 2004

Membership

  • Ecclesiastical Law Society
  • APIL
  • LCMCBA
  • PIBA
  • Ecclesiastical Judges Association

Education

  • 2003-2004: Inns of Court School of Law; Bar finals
  • 1992-1995: University of Wales College of Cardiff; LLM (canon law)
  • 2001-2003: City University, London; CPE
  • 1987-1991: Magdalene College Cambridge; BA (mathematics & law) 1991; MA 1996
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