David Calvert

PROFILE

Having been born and lived in the North West all his life, David has been in Chambers in Manchester since 1995. From qualification, he has covered a wide range of commercial and common law work but in the last decade has specialised in personal injury, but dovetailing with his thriving employment practice. He has no nonsense approach to litigation and is a tenacious cross examiner.

AREAS OF PRACTICE

PERSONAL INJURY

David’s personal injury practice covers most areas of work, but his particular expertise is in employer’s liability, occupier’s liability, Highways Act claims, road traffic litigation (both in the UK and abroad) and holiday accident/illness cases. A substantial proportion of his PI practice is multi-track work where claims regularly exceed £100,000 and often £1m. He is also developing a practice defending cavity wall claims which appear to be a growth area amongst claims management companies.

In all areas of his work, David as substantial experience in advising, drafting as well as cross examination and trial advocacy. David spends much of his practice representing Defendants. He is often engaged at an early stage to provide strategic claims advice in cases which concern allegations of fraud, exaggeration and fundamental dishonesty. David is renowned for his robust work at trial in such cases. David also 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.

David adopts a flexible approach to his practice. He is able to undertake work both in and out of Chambers. He is also willing to conduct conferences with clients at home or places of business should the case demand.

EMPLOYMENT

David's experience in employment work spans over 25 years representing both Claimant and Defendants but more latterly concentrating on Defendant work. His practice 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 and discrimination work, regularly accepts claims where damages exceed the statutory maximum award and is frequently instructed to defend the interests of local authorities – undertaking substantial multi day and multi week cases.

With regard to representing local authorities, he has particular expertise in cases involving teachers and other education staff. He has represented the interests of local authorities at internal disciplinary hearings as well as appearing at 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.

His reported cases are referred to below.

OTHER

David regularly gives seminars and lectures to the legal profession both in and outside of Chambers and will conduct conferences at client s homes and places of business, should circumstances demand.

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