David Loveday

Date of call: 2007

David joined chambers in September 2008 upon completion of his pupillage. David is developing a broad practice in all of chambers’ areas, and has a particular interest in public law (including immigration/asylum and education), planning and environmental law, and general common and commercial law.

David will accept instructions pro bono.

Public Law
Judicial Review: David has acted in judicial review proceedings for claimants in various fields, ranging from challenges by commercial and interest groups to the grant of planning permission for contentious development (with Peter Village QC), to unlawful detention claims brought by foreign nationals (sole counsel). David is beginning to develop the respondent-side of his judicial review practice, having acted a number of times for the Financial Ombudsman Service in challenges to the Ombudsman’s adjudication of complaints relating to the pensions, mortgage and banking sectors.

Immigration and Asylum: David has appeared often for foreign nationals in asylum and human rights challenges before the Upper Tribunal and First-Tier Tribunal. His clients have included undisputed and disputed minors, victims of torture, and individuals with diagnoses of psychiatric illness, and have come from such countries as Afghanistan, Iraq, Pakistan, Zimbabwe, St Lucia and the Philippines.

Education: David appears regularly before the First-Tier Tribunal in special educational needs appeals, acting for both respondent Local Education Authorities (“LEAs”) and appellant parents. With Richard Clayton QC, David has been instructed by an LEA in a dispute concerning the respective responsibilities of the LEA and the local Primary Care Trust in providing nursing support in special schools. David has also advised and acted for LEAs in relation to wider education matters such as admission and exclusion appeals, issues relating to school status and governance, and land transfers under the School Standards and Framework Act 1998.

Other public law areas: David has acted regularly for claimant patients (including minors) in Tribunal proceedings challenging their continued detention under sections 2 and 3 of the Mental Health Act 1983. He has re-drafted a County Council’s constitution, advised local authorities on issues at the intersection of public and commercial law (particularly in the area of local authority finance and social services provision), and brought a public law challenge to a major criminal prosecution in the Isle of Man (with James Ramsden).

David’s interest in public law is long-standing. In 2006, before coming to the Bar, he took an LLM in Public Law at UCL with Distinction (where the papers in which he specialised included judicial review and administrative law, regulatory law and economics, and mental health law), before going on to volunteer as a researcher for the Public Law Project and teach public law to graduate diploma students at Westminster University (2006-7).

Planning and Environmental Law
David regularly appears in criminal proceedings in both these fields, where he has acted for both prosecution and defence. In particular, he has built up considerable experience of prosecuting individuals for waste offences. He has appeared in both Crown and magistrates’ courts in these areas.

With Peter Village QC, David has appeared in the High Court for a major residential developer in its challenge to an affordable housing policy adopted as part of a local authority’s Core Strategy for 2009 to 2026: Barratt Developments plc v. City of Wakefield MDC [2009] EWHC 3208 (Admin). This is set to be heard by the Court of Appeal in July.

David has now appeared for the Surveying Authority in two hotly contested rights of way inquiries, arguing in one for modifying the Definitive Map to show a public footpath running through a gated community, and in the other that a woodland way ought to be recorded as a byway open to all traffic.

As with public law, David’s interest in environmental law is long-standing. His areas of specialisation on his LLM (Public Law) at UCL included EC Environmental Law, and he has previously worked both in the Parliamentary and Government relations team of the Environment Agency (2004) and in the Gypsy and Traveller Unit of the Office of the Deputy Prime Minister (2005, where he assisted in the consultation process which led to the publication of Circular 01/06 (ODPM): Planning for Gypsy and Traveller Caravan Sites).

General Common and Commercial Law
This side of David’s practice has afforded him experience both as an advisor and as an advocate. He has acted for a local authority as the sole advocate in mandatory injunction proceedings before the High Court (QBD: architectural contract – delivery up of design documents); advised, drafted and appeared in county court actions for breach of contract, possession and trespass; and appeared in numerous enforcement proceedings in the High Court (Chancery Division).

Since 2008, David has been engaged on a consultancy basis by a firm of Manx advocates to assist them in long-running litigation remitted by the Privy Council ([2008] UKPC 2) to the Chancery Division of the High Court of the Isle of Man (professional negligence / breach of trust).

LEGAL QUALIFICATIONS
BVC (Outstanding) – Inns of Court School of Law, 2007
LLM (Public Law) (Distinction) – UCL, 2006
CPE (Commendation) – City University, 2005

AWARDS
Major BVC Scholarship – Inner Temple, 2006
Duke of Edinburgh Scholarship – Inner Temple, 2006
Paton Award for Law – Balliol College, Oxford, 2005
CPE Exhibition – Inner Temple, 2004

PROFESSIONAL AFFILIATIONS
Administrative Law Bar Association (ALBA)
Human Rights Lawyers’ Association (HRLA)
Planning and Environmental Bar Association (PEBA)
UK Environmental Law Association (UKELA)
COMBAR

AREAS OF PRACTICE
David will accept instructions in all areas in which Chambers specialises

CLERKS EMAIL
Daniel Perry & Anthony King

Practice areas

t 020 7404 5252
clerks@4-5.co.uk

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