David Lawson

Call 2000

Overview

David practices in public law (working with all public services, in particular education, health and care services) and the Court of Protection.

Recent work includes judicial reviews on access to services and the borderline between different services.  He has acted in claims ranging from compensation in public law to the duty to hold inquiries and the impact of article 6 on Tribunal proceedings.

He has represented core participants at public inquiries and led several prominent internal inquiries.

He has a busy Court of Protection practice, in particular in medical and ethical cases.

Many of his cases are reported and leading authorities in their area.

Chambers & Partners notes he is “absolutely outstanding” and “achieves remarkable results… gives everything to his cases, and is always approachable and great to work with”.

“David is an incredibly dedicated barrister. He always looks at the issues from every possible angle, finding innovative ways to resolve what can appear to be intractable disputes. He is calm and thorough, inspiring confidence in instructing solicitors and clients”

The Legal 500

The CoP Guide
David Lawson authors this guide collecting the key principles of the Court of Protection and of the Mental Capacity Act 2005 in one document for speed of access. Read the full free guide here.

Experience & Expertise

David has appeared in many reported cases in in a wide range of courts and tribunals. In addition to advocacy he advises on access to services and the organisation and regulation of provision. David is instructed by the major firms and public bodies in his field and consistently recognised in legal directories as a leading junior.

  • David has appeared in many key education law cases at all levels. He has experience in all aspects of education law, from nursery provision to post-graduate, and individual rights to national policy, and has experience in a range of claims including special educational needs, disability, and university issues such as academic and disciplinary matters.  Recent cases include a challenge to school opening hours, a challenge to a local authority decision then embodied in a tribunal order and the relevance of article 6 to Tribunal proceedings along with university disciplinary cases.  He is widely acknowledged as a leading practitioner in the field.
  • David has a thriving healthcare practice and writes extensively about access to healthcare, including the chapter on access to healthcare in Medical Treatment Decisions and the Law. Recent instructions include judicial reviews about compensation in public law; the borderlines between Care Act accommodation and asylum accommodation and between CHC and s.117; which CCG is responsible for treatment; about access to treatment (including to medication and to secondary care for people without residence); and about closure of services.
  • He regularly appears in the Court of Protection. He has particular experience on medical applications and questions of sexual relations and marriage. Recent work includes covert treatment, birth and end of life issues, blood transfusions and anaesthetics. He co-wrote the chapter on feeding in Medical Treatment Decisions and the Law.  David also writes a 150 page guide to the Court of Protection available here.

David has experience of a wide range of areas related to legal practice. He was a part-time Ombudsman for the Financial Ombudsman Service for some years. He has undertaken trial observation in Lesotho (environmental damage) and Turkey (language rights). He is a past editor of the Education Law Monitor and chair of the Education Law Association.

recommendations

David is consistently recommended by the legal directories as a leading junior in Education and Court of Protection.

Clients cited by Chambers and Partners state that he is “very good with clients, he is very thorough, and has a great success rate”

Other recent directory editorial has included the following:

publications

  • Medical Treatment: Decisions and the Law
    David co-authored chapter eight: Access to Healthcare – Funding in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.
  • COP Guide – author
  • Education Law Monitor – past editor
  • Local Government Lawyer, Public Law Today, Education Law Journal and Health Service Journal – contributor

reflections

Ultimately law is about managing risk. Sometimes you have to leave key interests at risk but if you don’t have to it’s best not to.  It’s usually sensible to narrow down what’s at stake.

“The best answers come from listening to the clients.”

Like many colleagues I act for claimants and defendants. It brings valuable insights – the most important of them – organisations are trying to do the right thing and never forget how much individuals have at stake.  More than anything else acting for all parties to disputes is a constant barrier to cynicism and reminder of what works in the system.

The best ideas come from the clients. Sometimes clients – and even the lawyers – look to the lawyers for the answers.  The best answers come from listening to the clients and then trying to work out how the answer they can see fits into the law or can be based in the facts the court may find.

privacy

David adopts and adheres to the provisions of his privacy notice which can be accessed here.

Further Information

For further details of David’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No: 41350
Registered Name:
VAT Registration No: 848653876