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David Manknell

Call: 2001 

david.manknell@1cor.com

Profile

Described as "exceptionally bright and hard-working” (Chambers and Partners 2011), David Manknell practises in public and administrative law, and in healthcare and medical law. David was appointed to the Attorney General's B Panel of Junior Counsel to the Crown in March 2010, having previously been a member of the C Panel since 2006.

He regularly appears in judicial review proceedings in a broad range of areas including healthcare, regulatory proceedings, asylum, immigration, national security matters and prisons, and often on further appeal to the Court of Appeal. His public law practice also includes environmental regulation and appearance at inquests where these involve either healthcare issues or deaths in custody.

Ranked as a leading junior in 2012/13 by both Chambers & Partners and the Legal 500 for his clinical negligence work, David acts for both Claimants and Defendants. He has appeared in a number of the leading recent cases of recent years in this area, including Gregg v Scott (HL) and Thompstone (CA). He also has experience in mental health law and best interests cases, and healthcare-related claims for judicial review (including patient care, resources issues and hospital closures).

David acts for healthcare practitioners in disciplinary proceedings against them, with particular experience with the GMC, NMC and HPC. He has also acted both as Legal Assessor to the Panel and as prosecuting Counsel in disciplinary proceedings for the Ministry of Defence Police.

Qualifications

MA(Oxon) in Law with European Law, First Class Hons, 1999

BCL European and Comparative Law 2000

Publications

Time to revisit Pepper v Hart? [2004] JR 30

Discrimination on the Grounds of Sexual Orientation, Harassment, and Liability for Third Parties [2003] ILJ 297

The Gough Test for Bias [2001] JR 177

The Interpretative Obligation under the Human Rights Act [2000] JR 109

Appointments

Junior Counsel to the Crown (B Panel) 2010 - 
Junior Counsel to the Crown (C Panel) 2006 - 2010

Significant cases include the following

R (Sturnham) v Parole Board and SSJ [2012] EWCA Civ (Right to damages for breach of Article 5(4) for a delayed hearing)

RS (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 434 (18 April 2011) (Court of Appeal: Students who fail their examinations cannot remain in the United Kingdom as students whilst waiting to re-sit the examinations, unless they are in the meantime attending a full-time course of study). 

R(SS Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 205 (Court of Appeal: Admissibility of new evidence on appeal in judicial review proceedings) 

R(Osborn) & R(Booth) v The Parole Board [2010] EWCA Civ 1409 (Right to an oral hearing under Article 5(4) EHCR)

Beaumont v Ministry of Defence [2009] EWHC 1258 (QB) (Clinical negligence: equality of arms with expert witnesses)

SS and Others (Sovereign immunity claim – Certificate conclusive) Malaysia [2009] UKAIT 00007 (Refusal to extend sovereign or diplomatic immunity to the Sultan of Pahang, Malaysia under the State Immunity Act 1978 and the Diplomatic Privileges Act 1964)

R v First Choice Coffee (2009) (Defended leading coffee distributor in prosecution under the Responsibility Obligations (Packaging Waste) Regulations)

Tameside & Glossop Acute Services NHS Trust v Thompstone & Ors [2008] EWCA Civ 5 (17 January 2008) (Indexation of periodical payments)

Alvey, R (on the application of) v The Parole Board [2008] EWHC 311 (Admin) (07 February 2008) (Rationality, duty to give reasons)

Gregg v Scott [2005] 2 A.C. 176 (HL) (Damages for lost chances of survival following negligent treatment)

Other information

VAT Registration No:  809 9601 05

 
 

Phone Clerk
020 7797 7500

Email Clerk

News

David Manknell in Supreme Court cases on oral hearings before the Parole Board