David Willink

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

24

Clinical negligence claims—funding and costs
Practice Note

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

Costs orders—payment and enforcement
Practice Note

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 the enforcement of a costs order. In doing so it considers when a costs order can be enforced, whether a costs order can be stayed (including where the costs order is appeal) or deferred, whether a stay of execution of a costs order can be set aside. The Practice Note also considers whether an extension of time can be obtained to comply with a costs order.

Fee remissions
Practice Note

This Practice Note contains guidance on the court fees remission scheme and provides an overview of the eligibility criteria applied, both in terms of an applicants savings and their income levels.

Small claims track (SCT)—costs recovery
Practice Note

This Practice Note considers costs in the small claims track, 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
Practice Note

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
Precedent

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
Precedent

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.

Other work

Practice areas

Membership

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

Panel

  • Contributing Author
  • Other Publications
  • Q&A Panel

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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