David White

Barrister Profile

David’s principal areas of practice are personal injury, clinical negligence and costs law. He acts for Claimants and Defendants.

In the Personal Injury field David is regularly instructed in RTA, EL, PL and holiday claims. He has a particular interest in disease claims (particularly HAVS and deafness) and limitation issues. David is happy to accept instructions on a CFA basis in appropriate cases. He has experience of the CICA and CICAP tribunals.

He also has an extensive costs practice, and regularly acts for paying and receiving parties in detailed assessments in the SCCO and the County Courts, often concerning substantial six figure bills. He is often instructed in disputes concerning the enforceability of Conditional Fee Agreements and the recovery of uplifts and ATE insurance premiums.

David also advises insurers and policy-holders on policy disputes concerning policy wording and coverage and indemnity issues.

David regularly lectures and presents seminars to solicitors and insurers. He has recently lectured on workplace accident claims, costs claims and Part 36.

Qualifications

MA, English (Jesus College, Cambridge; 1996)
M.Stud. History of Art (Lincoln College, Oxford; 1997)
CPE Diploma on Law (City University; 1998)

Professional Membership

Personal Injuries Bar Association
Employment Law Bar Association
Professional Negligence Bar Association

Publications

Contributor: Butterworths Professional Negligence Service
David also contributes regularly to the Personal Injury Law Journal

Interesting Cases

Personal Injury
Conner v Bradman (HHJ Coulson QC, QBD) [2007] EWHC 2789 reported Lawtel. Important case on the application of the tables for Contingencies other than Mortality in the 6th Edition of Ogden Tables to a disabled claimant with continuing loss of earnings claim

David acted for the Defendant in a substantial personal injury claim for psychiatric injury arising from a rail crash.

Acted for a senior manager in a global investment bank in his personal injury claim arising from a road traffic accident. The past loss of earnings claim was contentious as the issue was whether the accident was causative of the claimant not being confirmed in his position following a probationary period. Secured a substantial judgment on a loss of a chance basis.

Acted for the investment bank in a claim for stress at work.

Acted for Claimant in a HAVS/VWF (industrial disease) case arising from work in a garage body shop. Settled for £70K.

Acted for the defendant local authority in a case concerning injury caused by a rising bollard. Held no duty of care owed applying Gorringe v Calderdale [2004] UKHL 15.

Acted for a cruise ship passenger in a holiday claim arising from falling when transferring from the ship to the ship’s launch for a transfer to visit a Caribbean island.

Acted for claimants in several Low Velocity Impact (LVI) cases


Clinical Negligence
Acted for claimant in Fatal Accidents Act claim against hospital for failing to pass on INR readings when the patient was being prescribed Warfarin, an anti-coagulant drug. The patient died of a brain haemorrhage in consequence when the prescription was continued imappropriately. Represented the claimant family at the Inquest and then advised on settlement.


Costs
David is presently acting for several Receiving Parties in challenges to their CFAs brought following the Court of Appeal decision in Myatt and Garrett.

David has recently acted for several paying parties in substantial six-figure assessments.

Advised Litigation Friends in respect of recoverability of litigation expenses from child’s damages in circumstances where those expenses are not recoverable from the defendant as costs.

Represented defendant solicitors in costs dispute arising from settled professional negligence action. Successfully challenged level of CFA uplift. 


Insurance Disputes
Acted for an insurance company who refused indemnity on a household contents policy on the basis of material non-disclosure and failure to take reasonable care in respect of a claim for thefts of valuables from a private members’ club. 


Contractual Disputes
Acting for a major commercial laundry in their claim for breach of contract in respect of late installation of gas supply.

Acting for a garage in respect of a claim in respect of a car that caught fire following repairs.

Acted for a graphic designer in a claim for breach of contract in respect of non-payment of fees for web-based designs and publicity materials.