About David de Jéhan
David represents both claimants and defendants in a wide range of claims.
Many cases are now argued, debated and resolved at Joint Settlement Meetings where a clear reasoned approach is necessary to secure a good settlement for the Client. Training to become an Accredited Mediator has widened and strengthened the range of skills available to deploy in negotiations.
David qualified as a Mediator with the ADRg in July 2011 having completed their specialist course in May of that year. He was called to the Bar in 1988 and has been practising in private practice in Chambers in London, Leeds and Newcastle for 29 years.
Mediation in the commercial and civil law context is a powerful technique for resolving disputes of all sizes and types quickly and cost effective. It is robust, quick to set up and recognises the commercial realities of life. In most cases, it has the additional virtues of resolving disputes while retaining or rebuilding personal and business relationships, and dealing with peripheral but important issues, which no court has the remit to do.
David has a substantial and varied practice at the Bar, representing a wide range of Clients in a broad area of law and litigation. He has drawn on that experience and knowledge to help resolve disputes referred to him. He brings awareness, clarity of thought, empathy, realism and robust common-sense to resolving disputes in mediations. He is comfortable dealing with (sometimes complex) corporate structures, SPAs and varied business vehicles (partnerships, JVAs and investment arrangements), commercial agreements and accounts/accounting records. David is also comfortable dealing with disputes which include evidence from Expert Witnesses/Expert Witness Reports.
The mediations David has been involved with have been wide-ranging and largely been business/customer related disputes and disputes with substantial commercial aspects; most reached settlement on the day(s) of the mediation session(s), some in the days after the mediation was completed.
The disputes have included:
- Technical (Mechanical Engineering) dispute about the construction of an offshore racing yacht mast after its catastrophic failure; the dispute included issues about the validity of FEA computational models, use of materials given the then state of knowledge and the valuation of the sponsorship value of the yacht;
- SPA in relation to a private Hospital; the dispute was between the Venture Capitalist group and the Surgeons, Doctors and Managers at the Hospital and related to clinical/management decision-making; tax consequences of settlement options;
- Dispute between commercial funders and Dentist partners in a group of newly established surgeries;
- Dispute between Barristers over Chambers funds and contributions, withdrawals, borrowings and expenditure;
- Dispute over development value of a cottage and garden sited on a possible new 'business park';
- Construction contract; dispute between customer, architect, surveyor and builders; issues about certificates signed for work and done/done incorrectly, non-payment, failure to supervise, inadequate specifications;
- Boundary dispute regarding encroaching trees/overhanging branches; the boundary was with a School;
- Clinical diagnostic system failure leading to the inaccurate diagnosis of serious urgent condition/the failure to investigate the condition/symptoms further; one of the issues to be investigated was the interface between the computerised diagnostic tools and the practitioner taking the history from the patient;
David has a wide ranging practice as a Barrister with specialist interests in business and commercial contract law, intellectual property, human rights (specialising in secure environments, deportation, use of force and the provision of medical services), clinical and professional negligence, judicial review, financial provision in complex cases, company share valuations, Directorships, shareholders, partnership law, HSE Prosecutions and fraud (civil and criminal).
|Education:||LLB (Hons), LLM (Commercial Law), Bristol University|
|Professional Associations:||Personal Injury Bar Association (PIBA) Health and Safety Lawyers Association (HSLA)|
|Appointments:||Accredited Mediator ADRg; Accredited Advocacy Trainer ATC; Accredited Public/Direct Access Barrister|
Specialist Practice Areas
FI, R (On the Application Of) v Secretary of State for the Home Department  EWCA Civ 1272 (09 October 2014) - Human Rights; The primary issue in the appeal was whether the use of control and restraint on persons being removed by aircraft from the United Kingdom is subject to a sufficient framework of safeguards to meet the requirements of Articles 2 and 3 of the European Convention on Human Rights;
ODPL I - very large class action (Group Litigation Order made) alleging unlawful administration of a treatment regime for prisoners with opiate and poly-drug dependencies; infringements of Human Rights, unlawful policies and treatment protocols.
ODPL II - very large group action alleging negligent medical treatment in the failure to prescribe a particular class of drug and failure to provide appropriate symptomatic relief; Cost Capping applications;
A -v- S; claims arising out of a specialist engineering contract for light-weight material construction; foreign law clause as well as jurisdiction; complex issues of Expert Evidence and consequential losses.
Richardson v Butcher  EWHC 214 (QB) - catastrophic injuries road traffic accident
Operation Plywood; a 4 month Prosecution of the officers and associates of a group of companies from which funds had been unlawfully removed and thereafter laundered through offshore accounts.
A -v- B; Chancery action seeking enforcement of IP licence with cross claim for revocation of Patent.
HSE -v- ABP (1) and (2), HSE prosecutions following fatalities at the Port of Hull.
R -v- Wanless; an international bank guarantee and advance fee fraud.
Chittock -v- Woodbridge School  EWCA Civ 915, (CA), claim by pupil against school for ski trip accident, extent and nature of duty defined and explained.
McGarvey v Eve NCI Ltd & Anor  EWCA Civ 374 (26 February 2002); duties of employer when employee is under control and direction of Client using Client's work equipment
Re G., G. -v- Mirror Group Newspapers PLC, disclosure by newspaper of confidential records of child in care.
CLAIRE LOUISE HUTCHINSON V LEEDS HEALTH AUTHORITY (2000) Bennett J. - A Breach of duty occured where a failure to call in a surgical team to investigate a highly abnormal bowel dysfunction in a patient who was very ill resulted in a colostomy operation which proper investigation might have avoided.
Inquest into death of Brian Marsh at Rampton Special Hospital,
R -v- Leeds Crown Court Exp Whitehead (No.1), The Times, Sept 16, 1998. CL 1998/1084 (QBD, Div Court), extension of CTL and circumstances in which it is lawful,
UPS Ltd. -v- Lewis, The Independent, Feb 23, 1998, CL 1998/369, (CA) (Civ Div) (Kennedy LJ, Millet LJ), Abuse of process, small claims; application to High Court for summary judgment, order refusing unlawful,
Scott -v- Wakefield AHA  8 Med.L.R. 341 (CA), Clinical Negligence, causation, liability of Ophthalmic Surgeons for failed laser treatment in diabetic patient.
Atkinson -v- Lord (Listing Officer)  R.A. 413 (CA), Council tax, valuation; whether the whol composite hereditament had to be valued before the value of the dwelling portion could be ascertained; statutory interpretation; what was the assessable value of farm houses;
Atkinson -v- Cumbria Valuation Tribunal (1997) 74 P.&C.R. 280,  R.A. 422,  E.G.C.S. 117 (QBD)
DPP -v- Cotcher & Cotcher  C.O.D. 181, defining the scope and extent of the objective test for Affray,
Birtwistle v MOD, largest value claim brought in the M.o.D pregnancy dismissal litigation
"Complain, Complain, Complain...Judges without teeth? - the new FPR in practice" - practice and costs in the Family Court - leading practitioners group Leeds and Newcastle
Effective Management of Clinical Negligent claims in the Private Prison setting - London to special interest group and leaders in the field of secure environment litigation
"Misrepresentation Rediscovered - The most important recent judicial contribution to facilitating settlements?' - Sharland - 2016
"RETREAT! - Nervous Shock and the Secondary Victim of Clinical Negligence" - 9th of November, 2015
"DO YOU? I DO! SIGN HERE...Pre-Nuptial Agreements in the post Radmacher era 12 Suggestions for Drafting enforceable Agreements" - Lecture to leading professionals in Family Finance litigation
"Informed Consent to Medical Treatment: Unexplored Avenues? Thoughts for future Client claims" - AvMA NW Meeting 19th March 2013
'Recent Developments in the Law of Nervous Shock'.
'Recent Developments in public liability law', NYCC
Founding Member of the Joint Professionals Forum Lectures, at which members of various professions are brought together to discuss pertinent legal and professional topics. Developments in the law relating to the liability of Chartered Surveyors.
'Civil implications and pitfalls of POCA for the Regulated Sector'; lecture to professionals as well as Regulatory and Security Officers of High Street Banks and Building Societies.
'Corporate Manslaughter; proposed new offences and a Case Study', October 2003.
Speaker at JPIL Conference on Teachers' Responsibility: 'Beyond the Classroom', the liability of teachers and schools for injuries suffered by children off school premises, National Child Injury SIG of APIL.