David Withers > Irwin Mitchell > Sheffield, England > Lawyer Profile

David Withers

07860910694 david.withers@irwinmitchell.com

Work Department

Serious Injury

Position

Partner

Career

David is a Partner of Irwin Mitchell LLP. He qualified as a solicitor in 2012 and achieved promotions in 2015, 2017, and 2019.

David co-leads the Sheffield Serious Injury Team and has line management responsibilities for over 35 colleagues. He specialises in serious injury cases involving life-changing trauma.

David has recovered damages in excess of £125M during his career. His highest individual settlements include £18M (capitalised PPO), £9.6M, and £7M, £6.3M, 6.25M, £5.1M, and £5M.

David has taken cases to, and succeeded at, trial. He also had experienced of resisting permission applications, and gaining permission, to appeal to the Court of Appeal.

David’s Trial experience included

• Revill – v – Damiani [2017] EWHC 2630 (QB): led my team to Trial. We tried to change the law on CPR Part 21 (widely reported in the legal press). The High Court was bound by an old House of Lords authority; however, our commitment to get the right result led to a strong settlement before the Court of Appeal hearing.
• Ayres – v – Odedra [2013] EWHC 40 (QB): I was part of the legal team who secured a 80:20% outcome after a hard fought trial on liability.

David has been shortlisted at the National Personal Injury Awards for case of the year. He has also been shorted for the Yorkshire Partner of the Year.David achieved Higher Rights of Audience in 2013. He has represented clients and families at interlocutory hearings on multi-track cases, in the Magistrates’ Court, and at an inquest.

David is a Fellow of, and a Brain Injury Assessor for, the Association of Personal Injury Lawyers (“APIL”). He is also the Joint Co-Ordinator of the National and popular Brain Injury Special Interest Group. David has also opened the National Brain and Spinal Injuries conference and presented for APIL as part of their paid training.

David has presented on two occasions to the Rehabilitation Special Interest Group for the Forum of Insurance Lawyers (FOIL) on collaborative working and advances in technology. David delivered a presentation to 225 aspiring lawyers in conjunction with the University of Law and Legal Cheek.

David contributed to a round table discussion about expert evidence in a virtual world. This event was attended by over 150 lawyers and insurers.

David was heavily involved in the set-up of the Irwin Mitchell Advocacy Team. This growing team has gone from strength-to-strength.

David provides advice on a range of issues in a challenging hospital environment to families who have relatives in a critical condition. This advice has included balancing the right to life and best interest obligations.

David has been published on a number of occasions including the Journal of Personal Injury Lawyers, PI Focus, the Solicitors’ Journal, and the Neuro-Rehabilitation Times.

David co-leads our insurance partnership arrangements to ensure quality provision for before-the-event and after-the-event insurance cover.

David also provides technical costs and pricing advice and sits on the National Risk Forum for the Personal Injury Division. He has presented to over 500 colleagues on a number of occasions about cost and pricing changes. He supports the General Counsel Team as a Subject Matter Expert.

David has supported colleagues through mentoring.

David also has an interest in law reform. He is currently operating at National Division Executive level to supervise the effective management of a run-off book. There were originally over 25,000 cases.