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.
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
5 Contributions by David Willink
PRACTICE NOTES
Clinical negligence claims: funding options, switching from legal aid, costs assessment, QOCS and key case law in England and Wales
Funding
Typical routes to finance a clinical negligence claim are:
legal aid/public funding
conditional fee agreement (CFA)
after the event (ATE) insurance
before the event (BTE) insurance
damages-based agreement (DBA)
Courts have examined whether moving from legal aid to a CFA was sensible. In Surrey v Barnet and Chase Farm Hospitals, the Court of Appeal found the switch was unjustified because the advice overstated the drawbacks of staying on legal aid and did not refer to losing the Simmons v Castle 10% increase on general damages.
In XDE, the Court of Appeal confirmed Surrey was not confined to situations involving the Simmons uplift; assessing the reasons for changing funding is a generally applicable exercise.
Where a solicitor’s decision to change funding is questioned, they must provide a detailed witness statement setting out the rationale.
Legal aid
From 1 April 2013, legal aid for clinical negligence claims is only available in limited circumstances.
Note that the key factor is the date of the negligence
...
PI & Clinical Negligence
PRACTICE NOTES
Costs orders in England and Wales: time limits and instalments, enforcement (including costs certificates and charging orders), stays and set-aside, debarring orders and appeals
This Practice Note outlines how payment obligations under costs orders are addressed, distinguishes scenarios where the order specifies a deadline for payment, and offers guidance on phrasing and calculating such time limits. It also examines when a costs order becomes enforceable, whether enforcement can be stayed or deferred, and if a stay of execution can be lifted. The Note further considers whether additional time can be secured to meet a costs order. For advice on the court’s approach to parties who do not comply with interim costs orders, see Practice Note: Costs orders—debarring orders where there has been a failure to pay...
Payment of a costs order—if the court order includes a time limit
CPR 44.2(1) grants the court a general discretion in relation to costs. For commentary, see Practice Notes: Costs orders—the general rule and Costs orders—the court’s discretion. In addition to deciding whether one party should pay another’s costs and the amount payable, the court also has discretion over when those costs must be paid...
Dispute Resolution
PRACTICE NOTES
Small Claims Track costs (England and Wales): CPR 27.14 recovery, unreasonable behaviour, appeals, and allocation/re-allocation pre/post 1 October 2023
This Practice Note considers costs in the small claims track (SCT)
Handled under Part 27 of the CPR, this Practice Note reviews how costs operate on the SCT. It explains the scope of CPR 27.14(2) and provides guidance on the way the courts have interpreted those provisions. It also addresses rare scenarios in which a successful claimant may recover costs by relying on a contractual entitlement.
Note, this Practice Note considers:
The transitional CPR provisions for proceedings issued before 1 October 2023 (excluding personal injury and disease cases).
The position under the current rules for proceedings issued on or after 1 October 2023 (excluding personal injury and disease cases).
For personal injury, the transitional regime where the cause of action accrued prior to 1 October 2023.
For disease claims, the transitional regime where the letter of claim was sent to the defendant prior to 1 October 2023.
The current rules for personal injury where the cause of action accrues on or after 1 October 2023.
The current rules for disease claims where the letter of claim is sent...
Dispute Resolution
PRECEDENTS
Template letter: Claimant’s Part 36 liability-only offer (England and Wales)
Dear [ insert organisation name ]
WITHOUT PREJUDICE SAVE AS TO COSTS
This hereby constitutes the Claimant’s proposal, brought under CPR Part 36...
PI & Clinical Negligence
Q&As
Section 21 AST: Gas Safety Certificate Provision - Communal Boiler Only
This Q&A explores whether a gas safety certificate is necessary before issuing a section 21 notice, in situations where the flat has no gas appliance installed at all whatsoever...
Property Disputes
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