
St John’s Chambers
England
Barristers

David Forster
- Email[email protected]
- Social
Work Department
Clinical Negligence & Personal Injury
Position
Call: 2018
David is a specialist personal injury barrister who has a balanced practice acting for both claimants and defendants. His practice encompasses all aspects of personal injury and he is regularly instructed to advise on claims relating to RTAs, employer’s liability, highways claims, occupiers/public liability and allegations of fundamental dishonesty. He is particularly sought after by local authority and health board clients alike. David accepts fast-track and multi-track instructions and is experienced with all types of interlocutory hearings, regularly being instructed to attend CCMCs. He is often praised for his calm and collected manor and effective client handling skills.
Notable cases:
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X (a Minor) v MPL Home & Senza Group Ltd
David appeared for the defendant, successfully arguing that a defective product claim fell within the ambit of the public liability protocol. As a result, the claimant’s costs were limited to the fixed costs prescribed within that protocol. -
Harvey-Becket v Monmouthshire County Council
David represented the defendant local authority in a successful appeal against a finding that it had breached its duty of care under the Occupiers’ Liability Act 1957 after a visitor fell into a pothole in a public car park. He successfully argued that the court at first instance had misdirected itself and failed to properly assess dangerousness in accordance with Dean & Chapter of Rochester Cathedral v Leonard Debell [2016] EWCA Civ 1094 (CA), thereby placing too onerous a burden on the authority. -
Obbard v Oxfordshire County Council
David secured judgment in excess of £30,000 for a cyclist who was injured when the front wheel of his bicycle became wedged in a crack in the highway.
David also worked closely with his pupil supervisor (at the time) Matthew White on the leading Highways authority case in Barlow v Wigan Council [2019] EWHC 1546 (QB).
David has delivered seminars, webinars and podcasts on the following subjects:
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Highways claims on the fast track
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Drafting Schedules of Loss
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Fundamental dishonesty
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Qualified one-way costs shifting, including the recent update to CPR 44.14
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Part 36 offers podcast
Career
Call : 2018 David is a specialist Personal Injury barrister who has a balanced practice acting for both Claimants and Defendants. His practice encompasses all aspects of Personal Injury and he is regularly instructed to advise on claims relating to RTAs, Employer’s Liability, Highways claims, Occupiers/Public Liability and allegations of fundamental dishonesty. He is particularly sought after by local authority and health board clients alike. David accepts Fast Track and Multi Track instructions and is experienced with all types of interlocutory hearings, regularly being instructed to attend CCMCs. He is often praised for his calm and collected manor and effective client handling skills. Notable cases: David appeared for the defendant in X (a Minor) -v- MPL Home & Senza Group Ltd in which he successfully argued that a defective product claim fell within the ambit of the public liability protocol, and that the claimant’s costs ought to be limited to the fixed costs within that protocol. In Harvey-Becket v Monmouthshire County Council David represented the Defendant local authority in the successful appeal against a finding that the authority had breached its duty of care under the Occupiers Liability Act 1957 to a visitor who had fallen after stepping into a pothole in a public car park. David successfully argued that the court at first instance had misdirected itself and had failed to properly assess dangerousness in accordance with Dean & Chapter of Rochester Cathedral v Leonard Debell [2016] EWCA Civ 1094 CA (Civ Div), placing too onerous a burden on the local authority. In Obbard v Oxfordshire County Council David secured a judgment in excess of £30,000 for a cyclist who was injured when the front wheel of his bicycle became wedged in a crack in the highway. David also worked closely with his pupil supervisor (at the time) Matthew White on the leading Highways authority case in Barlow v Wigan Council [2019] EWHC 1546 (QB).
Education
University of Birmingham – Philosophy BA
University of West of England – LLB and BPTC (Outstanding)
Honourable Society of the Inner Temple – Major Exhibition Award and Duke of Edinburgh Entrance Award