Leeds 0113 228 5000
Newcastle 0191 221 2121
Called 1974 Email David
David Wilby QC's main areas of practice are clinical negligence and personal injury, in particular cases involving birth related injuries, catastrophic injury, severe brain injury, health and safety, industrial disease and associated limitation issues. He has considerable expertise in high value claims, particularly involving periodic payments and indexation. He is recognised by a number of directories including the Bar as a leading Silk in clinical negligence. He is recognised by Legal 500 2015 and Chambers & Partners 2014 as a leading Silk in Clinical Negligence.
The only personal injury Barrister to be listed in The Lawyer Hot 100, 2010, Mr Wilby QC won Outstanding Case of the Year at The Personal Injury Awards 2009 for his work on the landmark birth defects case, Corby. Mr Wilby has had numerous appearances in the National Press and on Television due to the success of the Corby Litigation. Personal accolades identify that it was "his supreme understanding of the expert evidence that was responsible for the Claimants' success". The Lawyer described David Wilby QC as one of the most sought after Silks at the Bar - renowned in the profession for his efficiency, reliability, conscientiousness and unrivalled grasp of complex expert evidence.
He was Runner-up at the Barrister of the Year Lawyer Awards 2010. He was 1 of 3 finalists for Personal Injury Barrister of the Year at the 2009 and 2010 awards.
"Demonstrates particular expertise in complex cerebral palsy cases, as well as brain and spinal injury claims."Chambers & Partners 2016
David's main area of practice is Clinical Negligence, particularly involving cerebral palsy, birth injury, ophthalmic diseases and psychiatric hospitals. He has considerable expertise in high value claims, particularly involving periodic payments and indexation.
He is recognised by all the major directories to the Bar as a leading Silk in Clinical Negligence. He was core Counsel in the Opren and Steroid litigations.
He writes and lectures regularly in the field of clinical negligence and particularly limitation. He has lectured to the Senior Solicitors' Groups of various Law Societies, the BMA and as part of an organised lecture group to clinical negligence franchisees throughout England. In February 2007 he spoke on cerebral palsy claims at the Medical Legal Conference. In January 2006 he chaired the 2006 Butterworth's Personal Injuries Catastrophic Injury Conference and in 2005 he spoke on periodic payment provision in high value claims with the Nestor Partnership.
Matkin v. East Midlands Strategic HA - High Court, RCJ, April 2009. Cerebral palsy - Claimant now in her thirties. Liability admitted and negotiated settlement of quantum. Value on conventional basis £4.25m. All future care and case management by PPO. Approval judge commented favourably on David Wilby's conduct of a very difficult and unusual case.
Georgina Cottingham v. Avon Gloucestershire & Wiltshire Strategic HA - 15th May 2008, Bristol High Court. An award was approved in favour of the claimant at a conventional value of £5.6 million. This included an award by periodical payments of £140,000 per annum to provide for her future care and case management needs. Case demonstrates Mr Wilby QC's cutting edge involvement in cases involving indexation of periodical payments.
Woollett v. West Midlands Strategic HA - High Court, January 2007 and July 2007. Cerebral palsy claimant now in his twenties - PPO postponement order July 2007, King J - the Woollett Order copied in other cases postponed to await the decision in Thompstone -v- Tameside. PPO finalised January 2009 after detailed revisions of order made by David Wilby QC.
A and B v. X Health Authority, March 2007. Settlement of personal injuries claim by Asian natural parents of the babies in the "black parent white baby" case.
Gardner v. Yorkshire and Humber Strategic HA - November 2006, Leeds High Court, Keith J. Cerebral palsy at birth case - teenage girl. Previously approved 50/50 liability. Conventional award approved of £1.9 million (£3.8 million full liability) - no cross-undertaking as to publicly funded care.
Pattison v. North Tyneside NHS Trust  QB - Cerebral palsy claim - conventional value £4.5 million. Issue of security of periodic payments pursuant to Section 2(4) and (5) of the Damages Act 1996.
Fudge v. West Yorkshire strategic HA, February 2006 Leeds QB HHJ Grenfell. Issues relating to vaccination in smallpox epidemic. Settlement of liability and quantum approved.
Withycombe v. Bedford General Hospital NHS Trust, February 2005, QB, RCJ, HHJ Hughes QC. Acquired brain damage and quadriplegia caused by clinical negligence. Award - £3.6 million. Periodic payments representing half the award provided by NHS on a non-discounted basis.
Blainey v. East and North Herts NHS Trust, October 2004, QB, RCJ, Dobbs J. Cerebral palsy child. £3.3 million on a conventional basis.
Baker v. Royal Cornwall Hospitals Trust, June 2004, MacKay J. Cerebral palsy boy. Severe physical and cognitive disability. Award £3.5 million. Periodic payments at full value backed by NHS.
Dunn v. South Tyneside Healthcare NHS Trust  PIQR P12 CA, judgment Philips MR - Principal judgment in clinical liability for failure of detention of Section 3 Mental Health Act patient.
Donald v. County Durham and Tees Valley Strategic HA and Northumberland Tyne and Wear Strategic HA, January 2004, Newcastle QBD. Failure to diagnose and treat operative surgical deterioration resulting in progressive quadriparesis. Award - £2.25 million.
M v. Leeds HA  PIQR Q4 21 - Sullivan J, QB Leeds, May 2001 - Latest case on interpretation of Roberts v. Johnstone in respect of accommodation claims.
Scott v. Wakefield HA  8 Med LR 341 CA - Medical negligence - blindness - issue of tertiary referral.
He has chaired conferences on the 1992 Regulations and Work Related Upper Limb Disorder claims. He spoke at the JPIL Conference 2002 on Teachers' Responsibility beyond the Classroom and at the 2004 CTL Conference on Sports Injuries.
· Professional negligence involving lawyers, surveyors, engineers, architects and accountants including solicitors' disciplinary proceedings
· Environmental law, particularly involving the water and chemical industries.
· Civil fraud and related commercial litigation.
Legal 500 2018/2019
"Highly recommended for the full spectrum of personal injury and clinical negligence matters."
Chambers & Partners 2016 (Clinical Negligence)
"Demonstrates particular expertise in complex cerebral palsy cases, as well as brain and spinal injury claims."
Strengths: "His strengths are thoroughness, intellect and tenacity. He doesn't give up, even on the most difficult of cases."
Deputy High Court Judge; 2008,
Chairman, Criminal Injuries Compensation Appeals Panel; 2007,
Member, Judicial Studies Board Civil Committee; 2005,
Bencher, Inner Temple; 2002,
Chairman, Millennium Bar Conference; 2000,
Executive Committee Member, North Eastern Circuit; 1998-2002,
Chairman, North America Committee, International Relations Committee of the Bar Council; 1998-2001,
Vice-Chairman, Elias Committee - BVC Bar Council; 2000,
Member, Bar IT Committee; 1998-2000,
Member, Collyer Committee, Bar Council; 1998-1999,
Executive Committee Member, Professional Negligence Bar Association; 1997- ,
Former lecturer in law at Huddersfield University;
Visiting teaching in advocacy, NITA training - Nottingham Law School
Door Tenant at Parklane Plowden Chambers.
Contributor to Monkman on Employer's Liability, 14th and 15th editions, 2006 and 2009.
Editor of Health and Safety at Work Volume 20 Atkins Court Forms, 2002, 2006 and 2010.
Co-author of The Law of Damages, Butterworth Common Law Series, 2008 and 2010.
Editor of Professional Negligence and Liability Law Reports, Sweet & Maxwell, 1996 - present.
David has extensive experience of organising and co-ordinating lectures and professional education in the United Kingdom and North America including presentations for the English Bar at ABA national conventions. Lectures examples, include:
BA (Hons), MA Cantab
Bar Council, 1997-1999; PNBA, PIBA, FBA, AvMA, UKELA; Associate Member of American Bar Association and of the Tort & Insurance Section and Litigation Section; International Association of Defense Counsel - IADC (USA) - by election Commonwealth Lawyers Association; North Eastern Circuit