It's rare for the Tribunal to make a costs order against a Claimant and even rarer when that Claimant is...
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Overview
Born and brought up in the North West, David has been in chambers in Manchester since 1995. Since qualification he has covered a wide range of commercial and common law work but has now specialised in personal injury law; however, he also has extensive experience in employment law.
His personal injury practice covers most areas of work, but with particular expertise in employer’s liability, occupier’s liability, Highways Act claims, road traffic litigation (both in the UK and abroad) and in particular holiday accident/illness cases. He is also developing a practice defending cavity wall claims which appear to be a growth area amongst claims management companies. In all his areas of his work he has substantial experience in advising, drafting and representing Defendants as to how to tactically deal with claims where there are concerns and allegations of fraud, exaggeration and fundamental dishonesty.
David has a thriving practice defending all types of accidents abroad. In particular he is regularly instructed by the country’s largest holiday firms in defending both holiday illness claims and accidents within hotels. He will provide advice from pleadings all the way to trial. At trial he has an enviable track record and is highly regarded for his advocacy. He has no nonsense approach to litigation and is a tenacious cross examiner.
Although he now accepts instructions mainly from Defendants, he does undertake some Claimant work having cut his teeth originally in this area. A substantial proportion of his PI practice is multi-track work where claims regularly exceed £100,000 and often £1m.
David’s experience in employment work covers both appearances and advisory work in both the English and Scottish tribunals. He has appeared, with some regularity, in the Employment Appeal Tribunal where he has also appeared before the President. He has a particular interest in unfair dismissal work, regularly accepts claims where damages exceed the statutory maximum award and is frequently instructed to defend the interests of local authorities. With regard to representing local authorities, he has particular expertise in case involving teachers and other education staff. He has represented the interests of local authorities at internal disciplinary hearings and appeals before the full council. On a number of occasions, he has been successful before the tribunal in seeking and recovering the maximum award of costs against a party where their conduct has been unreasonable.
David has substantial experience in both the appellant courts and tribunals up to and including the Court of Appeal.
When time permits David enjoys travelling, socialising and supporting the mighty Carlisle United.
Insurance Fraud
David adopts a no-nonsense approach to litigation and is first and foremost a trial advocate. He is a tenacious cross examiner and relishes dealing with factually complex cases.
He has been instructed by a number of Defendant insurers for well over 20 years. He has substantial experience in claims involving staged accidents (whether RTA or otherwise), LVI claims, phantom passenger claims, holiday illness claims along with all types of exaggerated claims – especially where causation is in issue.
He regularly defends against claims involving multiple Claimants and his success rate generally at trial is over 75%.
He advises early in a case for maximum tactical advantage, and in RTA litigation is keenly aware of the way in which large value credit hire litigation is encouraged by credit hire and claims management companies. He has obtained numerous findings of Fundamental Dishonesty at trials and has recently advised in pursuing contempt of court proceedings against a group of dishonest Claimants.
David regularly advises and trials (on a weekly basis) on behalf of the UK’s largest travel holiday firms, defending their interests against bogus and/or exaggerated holiday illness claims. He has had some considerable success in this area with a number of Claimants either discontinuing mid-trial after cross examination or the claims failing for causation reasons.
In his travel work he has obtained multiple findings for fundamental dishonesty; one such claim which was found to be dishonest was widely reported in the national press. A substantial part of his practice is multi-track work and he has experience of claims exceeding £1m.
David also has considerable appellate court experience in the County Court, High Court and to the Court of Appeal. He is not afraid to advice clients on the merits, or otherwise, in taking a case to appeal.
David regularly gives seminars to Defendant solicitors and insurers, particularly on the practicalities and tactics in dealing with litigation.
He also recognises the need for a swift turn around in paperwork and aims to achieve the same within 7 days.
Employment
David has nearly 20 years of experience in employment work which has covered appearances and advisory work in both the English and Scottish tribunals.
He has a particular interest in unfair dismissal and discrimination work and regularly accepts claims where damages are pleaded in excess of £100,000. His clients have ranged from private individuals, trade unions, local government employees, teachers, public limited companies to senior executives.
He is also frequently instructed to defend the interests of local authorities and has done so with some success for over 10 years.
Recent examples of cases include:
– Claim by senior executive against FTSE company which settled circa £85,000
– Defending and advising a local authority on numerous claims brought by a teacher pleaded in excess of £500,000
– Defending and advising a local authority on a claim of race discrimination where the Claimant alleged that the authority was institutionally racist. The Claimant lost in circumstances that he was ordered to pay the Respondents costs.
– Defending and advising a local authority on a unfair dismissal/disability discrimination claim where the claimant was found to have deliberately doctored evidence such that she was ordered to pay the Respondents costs.
– Defended the interest of a FTSE 100 company against claims brought by various employees for unfair dismissal.
– David is regularly instructed in long and complex multi-days cases and relishes cross examination of witnesses. He has extensive experience of appearing in and advising in respect of matters in the Employment Appeal Tribunal
He accepts work direct from litigants under the Public Access Scheme.
When time permits David enjoys travelling, socialising and supporting the mighty, but not hugely successful, Carlisle United.
Reported Cases
– Matinpour v Rotherham MBC (2011) UKEAT/0406/11/2811
Correct test under the DDA
– Beardshall v Rotherham MBC and others (2012) UKEAT/0073/12/ZT
Consideration of the circumstances as to when a tribunal can adjourn faced with an ill non attending Claimant
– Thompson v Rotherham MBC (2012) UKEAT/0350/12/ZT
Refusal of the Claimants appeal – David represented the Respondents whose paper submissions were preferred.
– Matinpour v Rotherham MBC (No2) (2013) UKEAT/0537/12/RN
Successfully argued, on cross appeal and before the President, that an ET’s judgment was ultra vires. Also consideration of First West Yorkshire v Haigh
– Turner v Turner (reported Current Law 05/1304)
Application of the Human Rights Act 1998 on the Sex Discrimination Act 1975 s.3 as to protecting engaged as opposed to married couples
Personal Injury
David has practised in personal injury since joining the Manchester bar in 1995. He was extensive experience of all types of claims ranging from employers liability, industrial disease, public liability, holiday illness as well as road traffic accidents. He also has a particular interest in accidents concerning the Highways Act 1980.
He is instructed by Claimants but mainly Defendants who appreciate his robustness in terms of advice and advocacy. David has vast experience of suspected fraudulent claims in holiday illness and road traffic accidents litigation as well as other cases of exaggerated quantum. He has dealt with Delta V claims, ghost passenger claims and deliberately induced accidents including more complex staged accidents. He appreciates that the claims handling world is often driven by large credit hire claims.
He is regularly instructed by Defendants in multi day hearings concerning claims involving fraud, fundamental dishonesty and/or accidents occurring under suspicious circumstances.
Away from road traffic litigation he regularly represents the interests of the UK’s three largest travel companies in defending holiday illness claims; and with considerable success. He provides useful and realistic advice to clients in conference upon the merits of defending a case or improving the prospects of success by the gathering of further evidence or intelligence.
A significant proportion of his work is multi track in value and he has experience in dealing with cases pleaded at over £1million.
He has considerable experience in dealing with appellant matters in both the High Court and the Court of Appeal and is not afraid to advise clients to appeal matters if he feels there are good prospects of success in doing so.
Recent cases include:
– Settlement of claim for Claimant who suffered above the knee amputation – £500,000+
– Successful in obtaining judgment for Claimant where fraud was alleged in a 3 day Highways Act trial.
– Instructed on 3 day public liability claim where advice from a silk has been obtained
– Successfully defended a respondent Claimant in a public liability claim which the Defendants appealed to the Court of Appeal.
– Successfully advised a robust approach to holiday sickness cases resulting in a number of Claimants discontinuing their claims the day before trial – and more latterly in a similar case obtaining concessions from a Claimant under cross examination causing her to discontinue part way through the trial.
– Obtaining findings of fundamental dishonesty against two Claimants before a Circuit Judge on the Midlands circuit and thereafter advising on contempt proceedings.
David is known for his friendly and approachable manner and is always available to give advice by the telephone in urgent cases.
Travel & International Personal Injury Law
David is an extremely busy member of the Travel team and has a practise of considerable depth and experience in representing national and international travel firms wishing to defend holiday sickness claims.
Since developing into this area of work he is instructed on trials across the length and breadth of the country most days of the week. In doing so he will be representing the interests of either Thomas Cook, TUI and Jet2. David has a strong success record.
David was the defending counsel in a recent case, widely reported in the media, concerning a fraudulent claim by a holiday maker against Jet 2. The Claimant, when he said he was ill, was filmed dancing around the pool “Gangnam style”. The Claimant was found to be dishonest and was ordered to pay the Defendants costs exceeding £6000.
Link: https://www.jet2.com/News/Fake_Sickness_Fraudster_undone_by_his_ex_girlfriend/
Recently he was successful for Thomas Cook in a multi-day case where the claims of 7 linked Claimants were dismissed. An application for a finding of fundamental dishonesty is pending.
David will give full and frank advice at all points along the litigation journey and, when not undertaking trials, he will also represent Defendants’ interests in all manner of interim applications; particularly those which are made by Claimants which seek to expand on often poor medical evidence as to causation.
He also defends non-illness personal injury cases which have an international element.
Notable Cases
- V v G (2021) – In the Burnley County Court, David secured a finding of fundamental dishonesty in circumstances where the Claimant admitted under cross examination that he lied to his medico legal expert about his symptoms. David successfully secured an Order that the Claimant pay the Defendant’s costs on an indemnity basis.
- C v D (2020) – At Huddersfield County Court, the Judge found the Claimant was fundamentally dishonest after admitting under cross examination that he was instructed by his claim management company to lie about his claim for credit hire. This case was referred to the DCJ for further consideration to the AG.
- Matinpour v Rotherham MBC (No2) (2013) UKEAT/0537/12/RN – David successfully argued, on cross appeal and before the President, that an ET’s judgment was ultra vires.
- Beardshall v Rotherham MBC and others (2012) UKEAT/0073/12/ZT
- Thompson v Rotherham MBC (2012) UKEAT/0350/12/ZT
Associations
Northern Circuit
Personal Injury Bar Association
Education
BA (Hons) St. Catherine’s College, Oxford
Prescribed Information
David Calvert is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about David can be found here.
David’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for David to undertake Court work for a fixed fee and brief fee plus refresher days. For advisory work, paperwork and conferences it is most commonly charged at an hourly rate although fixed fees are available. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. David will typically return paperwork within 14-21 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.
David also undertakes Direct Access work. This work is undertaken on a contractual basis, as agreed between the client and David’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by David with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.
