David Callow

Barrister Profile

David practises in the fields of personal injury, employment and public law

Personal Injury

David acts for both Claimants and Defendants. He is regularly instructed on behalf of Local Authorities, Blue Chip Companies and NHS Trusts to defend personal injury claims of all type and at all levels of court.

He has particular expertise in relation to low velocity impact RTA cases involving interesting issues of medical causation as well as potential allegations of fraud/ exaggeration or mis-attribution of symptom. He has recently been instructed by insurers in a wide variety of potential “fraudulent” claims.

David deals with all forms of industrial and occupational disease, but particularly in respect of stress at work cases where his employment and personal injury practises combine. He has recently reached a mediated settlement in a substantial claim for overwork by a further education college head of department.


He has also successfully negotiated settlement of claim by a former senior commercial bank manager against a major high street bank for an allegedly negligent failure to heed/ vicarious liability for overbearing/ bullying superior in exacerbation of chronic fatigue syndrome/ depression.

Employment

David has a wide ranging practice in employment and discrimination (especially disability discrimination) claims. He is regularly instructed on behalf of local authorities and charitable bodies.

In the past 12 months cases have included an unfair dismissal claim for a local authority regarding former care worker dismissed for gross misconduct in the provision of respite care services. (Appeal pending in EAT.) He has also dealt with a disability discrimination claim on behalf of a charity which provided supported living for adults with learning disabilities. (Issues of reasonable adjustments and direct discrimination.)

He has also been instructed in a remedy hearing relating to questions of medical causation of mental illness leading to inability to work and relationship with s.123 ERA 1996. (Appeal pending in EAT.)

Public Law

David is instructed on behalf of local authorities and other public bodies to deal with the full spectrum of litigation/ advisory work that arises from local government including:

Substantial body of licensing experience; Planning/ licensing enforcement; Judicial review; Inquests; Health and Safety/ environmental prosecutions/ enforcement; HMO/ other housing issues; Highways; Noise and other Statutory Nuisance

Qualifications

Cardiff University (LL.B)

Professional Membership

Employment Law Bar Association

Employment Lawyers Association
Personal Injury Bar Association

Welsh Commercial Law Association

Interesting Cases

PERSONAL INJURY

Six Continents Retail Limited-v-Hone [2005] EWCA Civ 922, [2006] IRLR 49). Stress at work, overwork, foreseeability
Teague v Mersey Docks & Harbour Co. & Ors, [2009] All ER (D) 249 (Feb); [2008] EWCA Civ 1601 11 December 2008– s. 14 Limitation Act 1980 in Noise Induced Hearing Loss cases.
Re Morgan (CICA) – October 2008 - £125,000 award in respect of young girl who received life threatening and disabling mental and psychological injuries. Difficult issues as to how to assess her future losses flowing from delayed entry to the labour market.
Re Coles (CICA) – September 2008 - £293,000 award for former police officer with disabling PTSD rendered unable to work in stressful environments. Issues regarding residual earning capacity and pension loss.
Re Horne (CICA) – September 2008 - £175,000 award for psychiatric injuries following serious assault in the workplace with loss of ability to undertake managerial work and loss of pension.
Re (HSE)-v-Rhondda Cynon Taff CBC (January 2008) – prosecution of local authority arising out of a fatality in a respite care facility concerning allegations of unsuitable equipment, inappropriate modifications and risk assessment.
Re Morris (2007) – Inquest concerning death in care with seven represented parties and the coroner appointing his own counsel to marshal and call the evidence. Issues relating to narrative verdicts and appropriateness of leaving a verdict of unlawful killing to the jury.

EMPLOYMENT

Rhondda Cynon Taff CBC –v- Close [2008] IRLR 868, UKEAT 0503/07/MAA (Elias P) – substitution, use of police evidence in disciplinary hearings.
Opportunity Housing Trust-v-Harrison (1) UKEAT/0028/09/CEA – recusal for apparent bias, pre-determination.
Opportunity Housing Trust-v-Harrison (2) UKEAT/ 0029/ 09 – disability discrimination – comparators, detriment, test for victimisation.

PUBLIC LAW

The E Coli Inquiry
HSE-v-Rhondda Cynon Taff CBC
Rhondda Cynon Taff CBC-v-Keller Group and others – claim by local authority in respect of negligent construction/ refurbishment of municipal swimming pool.