David Mitchell > Chambers of Charlie Cory-Wright KC and Richard Harwood KC > London, England > Barrister Profile
39 Essex Chambers Offices
39 Essex Chambers
81 CHANCERY LANE
LONDON
WC2A 1DD
England
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David Mitchell
Position
Specialisation in Employment, Public and Defamation, Privacy and Information law. Current / recent work includes:
Employment: Irwell Insurance Company Ltd v Watson & Ors, CA (jurisdiction of ET under Third Parties (Rights Against Insurers) Act 2010), PGA European Tour v Kelly, EAT (re-engagement order exceeding £450k), London Underground Ltd v Amissah & Ors, CA (group action under Agency Worker Regulations), Agarwal v Cardiff University, CA (jurisdiction of ET to determine contractual terms) and Thompson v Ark Schools, EAT (pregnancy / maternity discrimination time limits).
Public: Alliance of Turkish Businesspeople v SSHD, CA (whether immigration guidance founded substantive legitimate expectation), Karagul v SSHD (changes to immigration rules re ECAA applicants did not breach principle of effectiveness) and Kotuk v ECO, Warsaw, CA (“standstill clause” in Ankara Agreement did not apply to right of establishment).
Defamation, Privacy and Information law: Riley v Sivier (for defendant journalist), RPB v HMRC (transfer of misuse of private information and DPA claim to County Court), Dhir v Saddler (serious harm in context of slander) and Qureshi v IC & Home Office (FOIA appeal concerning s.24 national security exemption).
Career
2004 call. Attorney General’s A (2016), B (2012) and C (2009) panels. Equality and Human Right’s Commission’s B panel (2016 & 2019)
Memberships
Employment Law Bar Association; Employment Lawyers’ Association; Discrimination Law Association; Administrative Law Bar Association; Bar Human Rights Committee; Employment Law Appeal Advice Scheme, Bar Council’s Retention panel.
Education
Manchester University (BA Hons, History), College of Law, York (PgDL) & Nottingham Law School (BVC).
Lawyer Rankings
London Bar > Defamation and privacy
(Leading Juniors)Ranked: Tier 4London Bar > Employment
(Leading Juniors)Ranked: Tier 2David Mitchell – 39 Essex Chambers ‘An excellent junior.’
London Bar > Data protection
(Leading Juniors)Ranked: Tier 3David Mitchell – 39 Essex Chambers ‘David’s tenacious and robust approach in his advocacy, together with his considered strategy, achieves success in complex cases.’
At 39 Essex Chambers, members have a solid track record in assisting government entities, media companies and regulatory bodies with a broad spectrum of data protection matters. Recent instructions include Rory Dunlop KC and David Mitchell representing the British Medical Association in a challenge to the Secretary of State for Health and Social Security’s decision to allow automatic access to GP patients’ records on the grounds that such access was a breach of data protection principles.