David Blundell

year of call: 2001

DBlundell@landmarkchambers.co.uk

areas of law

Practice Summary

David was called to the Bar in 2001. He began practice in 2004, after spending a year working as a Judicial Assistant to the Law Lords (Lord Nicholls and Lord Rodger). In March 2010, he was appointed to the Attorney-General’s "B" Panel of Junior Counsel to the Crown, after 3 years on the "C" Panel. He is also on the Treasury Solicitor’s list of counsel specialising in Freedom of Information issues.

David specialises in all areas of public law, human rights, environmental, planning and European Community law. He regularly appears in all courts from the High Court to the House of Lords. He is ranked in the 2010 Legal 500 for Administrative and Public Law, where he is described as “enthusiastic and approachable”. The 2009 Planning Magazine survey ranked him in the top 10 planning barristers in the country under 35.

Public Law and Human Rights

David practices in all areas of public law. He frequently represents and advises on behalf of central government departments, claimants and other public authorities. He has extensive experience in immigration, human rights, social security, child support, mental health, education, social services, care standards, prisons, local government, rating, freedom of information, data protection, environmental, highways, planning and compulsory purchase law. David has experience of all associated European Community law issues, including in particular EC law issues arising from the interaction between immigration and social security law. As well as appearing regularly in judicial reviews and statutory challenges in the High Court and Court of Appeal, David frequently appears before a variety of administrative tribunals, including the Social Security Commissioners, the Asylum and Immigration Tribunal and the Care Standards Tribunal.

Recent significant public law cases in which David has appeared include:

• R (Daley-Murdock) v. Secretary of State for the Home Department [2011] EWCA Civ 161, The Times, 2 March 2011 and R (Mirza) v. Secretary of State for the Home Department [2011] EWCA Civ 159, The Times, 2 March 2011 (important cases on immigration appeal rights and the circumstances in which the Secretary of State is obliged to make decision on leave and removal in tandem).
• R (ZA (Nigeria) and SM (DRC)) v. Secretary of State for the Home Department [2010] EWCA Civ 926 (test case on the Secretary of State’s approach to further representations from failed asylum seekers).
• R (SO) v. Barking and Dagenham LBC [2010] EWCA Civ 1101 (test case to determine responsibility for the accommodation of former looked after children who were also failed asylum seekers).
• R (Wiles) v. Social Security Commissioner [2010] EWCA Civ 258 (leading case on test for granting judicial review of refusals by Social Security Commissioners to grant leave to appeal).
• Pedro v. Secretary of State for Work and Pensions [2009] EWCA Civ 1358, [2010] 2 CMLR 20 (important case on the scope of the Citizens’ Directive and dependent family members).
• R (S) v. Social Security Commissioner [2009] EWHC 2221 (Admin), [2009] 12 CCL Rep 654 (important case on the provision of services by a community care provider and the effect on eligibility for Housing Benefit).
• R (Hayes) v. Secretary of State for Communities and Local Government [2009] EWHC 3520 (Admin) (duty to give reasons and large scale voluntary transfers of local authority housing stock).
• R (WA, AA and CK) v. Secretary of State for Foreign and Commonwealth Office [2008] EWHC 2227 (challenge to scheme of assistance for Iraqi interpreters).
• R (Axon) v. Secretary of State for Health [2006] EWHC 37 (Admin), [2006] QB 539 (challenge based on Article 8 to policy on the assistance and advice healthcare professionals can provide to children in relation to abortion and contraception services).
• R (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs [2008] 1 AC 221 (leading authority on the proviso in s31(1) of the Highways Act 1980)

David has also appeared in a number of Country Guidance cases in the Upper Tribunal (Immigration and Asylum Chamber):

• HM and others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) (application of Article 15(c) of the Qualification Directive to Iraq)
• GS (Article 15(c): indiscriminate violence) Afghanistan CG [2009] UKAIT 00044 (application of Article 15(c) of the Qualification Directive to Afghanistan)
• AM and BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC) (protection for former victims of human trafficking in Albania)

David has lectured both in this country and abroad on a broad range of human rights issues, including fair trial rights, the right to liberty, human trafficking and terrorism. With Lord Slynn of Hadley, he lectured the judiciary in the Czech Republic and Zambia. He has delivered ECHR training on behalf of the Council of Europe to the judiciary in Turkey and Albania. He has delivered extensive training sessions to local authorities in the UK as a consultant trainer with the British Institute of Human Rights.
David works as a digester for the Administrative Court Digest and has published on various public law issues (see publications section). He is ranked in the 2010 Legal 500 for Administrative and Public Law and described as “enthusiastic and approachable”.

Environmental Law

David has a wide-ranging environmental law practice. He frequently advises on, and appears in cases relating to, all aspects of EIA, SEA, the Habitats Directive, the Birds Directive and waste.

Significant environmental law cases in which David has appeared include:

• City and District of St Albans v. Secretary of State for Communities and Local Government [2009] EWHC 1280 (Admin), [2010] JPL 70 (challenge to the East of England RSS on SEA grounds)
• R (on the application of Davies) v. Secretary of State for Communities and Local Government [2008] EWHC 2223 (Admin) (EIA, publication and consultation on additional material produced during an inquiry)
• R (on the application of the Noble Group) v. Thanet DC [2005] EWCA Civ 782, [2006] Env. L.R. 8. (EIA, screening and collateral challenges)

David’s advisory work in the environmental sphere has included environmental issues relating to nuclear power stations, offshore oil and gas, waste and recycling issues for local authorities and responses to requests under the Environmental Information Regulations regime. He has recently advised in relation to SEA, Habitats and Birds Directives issues concerning Regional Spatial Strategies. He also has experience of environmental law issues arising from the LDF process.

As well as practising in this area, David edits (with David Elvin QC) those parts of the Planning Encyclopedia dealing with EIA, SEA, Habitats and Birds Directives, as well as validity, human rights and EC law.

Planning Law

David has appeared in a number of significant cases in the planning sphere. These include:

• R (Vale of White Horse DC) v. Secretary of State for Communities and Local Government [2009] EWHC 1847 (Admin) (guidance on the correct approach to the interpretation of policy in planning cases)
• Bovale v. Secretary of State for Communities and Local Government [2008] EWHC 2143 (Admin) (guidance on the provision of defences and evidence by defendants in s288 challenges)
• R (on the application of Wates) v. Surrey County Council [2008] EWHC 706 (Admin) (Green Belts and very special circumstances)
• Satnam Millenium v. Warrington BC [2007] EWHC 2648 (Admin), [2008] JPL 763 (Green Belts and UDPs)

In April 2009, the annual Planning Magazine legal survey named him in the Top 10 planning barristers under 35.

David is an assistant editor of the Planning Encyclopedia.

European Community Law

David regularly appears in cases relating to, and advises on, European Community law issues, particular in the context of immigration, social security and environmental law. He was formerly a Visiting Lecturer in European Community law at City University.

David is a member of the Administrative Law Bar Association and the United Kingdom Environmental Law Association.

Prior to commencing practice, David undertook a stage at the European Commission in the Internal Market Directorate General, dealing with the free movement of services. He subsequently completed a six-month internship with the United Nations High Commissioner for Refugees, London Office, in the Legal Protection Department, where he was involved in drafting the organisation’s commentary to the Nationality, Immigration and Asylum Act 2002. At the same time as working at UNHCR, David worked as a part-time legal researcher at the Medical Foundation for the Care of Victims of Torture. He has previously worked as a volunteer with the AIRE Centre (Advice on Individual Rights in Europe), providing advice on European human rights law and European Community law.

QUALIFICATIONS

David studied Modern Languages (French and German) at Trinity College, Cambridge, and the Ecole Normale Supérieure in Paris. He then undertook (also at Trinity) an M.Phil in International Relations, writing a thesis on minority rights in the EU accession process, with particular focus on the Czech Republic and Slovakia.

He studied law at City University, where he was later awarded an MA in Law on the basis of a dissertation on material error of fact as a ground of judicial review. He was later a Visiting Lecturer in European Community law at City University. He was a Major Scholar of the Inner Temple, Inner Temple Bursary holder and Bar Council Stage Scholar. David is fluent in French, and has good German, basic Czech and Slovak and is learning Farsi.

CASES

INQUIRIES

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