David Baines

David is a highly regarded common law practitioner, whose areas of law largely comprise civil, inquest and regulatory work. In 2021 David was appointed Junior Counsel to the Crown.

David has extensive background in criminal law, having honed his advocacy in the criminal courts over a decade through regular appearances in the Magistrates’ and Youth Courts, Crown Court and Court of Appeal. David is an experienced jury advocate and a Level 3 Prosecutor on the 2020-24 Panel.

David has a strong paper practice, advising and settling pleadings, schedules of loss etc. He also appears in fast track and multi track proceedings, in addition to the usual mix of interim hearings.

Prior to being called to the Bar, David obtained a First Class honours degree in Philosophy (BA) at the University of Lancaster. He read Law at the University of Sheffield to receive a Masters (MA, QLD), Commendation.  He was called to the Bar under the Honourable Society of the Middle Temple in 2009, completing his Bar Finals and receiving a Very Competent at Nottingham Law School.

Appointments

  • Junior Counsel to the Crown (2021)
  • Grade 3 Prosecutor

Professional Associations

  • Personal Injury Bar Association
  • South Yorkshire Medico-legal Society
  • Criminal Bar Association
  • Jananeethi Institute (Kerala, India)

Expertise

  • Inquests

    David has extensive experience in coronial law, having regularly represented properly interested persons and families of a deceased. He has acted in various Article 2 inquests (both with and without juries), on issues such as deaths in custody, apparent suicide of a child under remit of social care/schools, clinical negligence etc.

    In 2021 David was appointed Junior Counsel to the Crown, with a focus on inquest and personal injury work.

    RECENT INQUESTS

    Inquest touching upon the death of PR: Representation of a Locum Consultant Anaesthetist. Issues relating to alleged misinterpretation of chest X-Rays leading to incorrect treatment and consequent premature withdrawal of CPR. Vascular injury found to have been caused during the course of necessary treatment which was rare but recognisable complication of the procedure, no finding of neglect, withdrawal of treatment not unreasonable in circumstances.

    Inquest touching upon the death of WM: Representation of a local authority who had secured a placement in a residential care home for a former MH patient upon being discharged from hospital, who subsequently went on to take his own life. Article 2 held not to be engaged following legal argument. Arguments on adequacy of handover information, clinical assessment of suicide risk, reduction in observations and effect of CQC inspection.

    Inquest touching upon the death of HM: Representation of a residential care home in an inquest relating to the death of a resident who died of an ischemic stroke. Issues relating to an anti-coagulant Edoxaban not being repeat prescribed, systems for sharing information between primary care providers and secondary care, CQC inspection. Regulation 28 report issued in respect of a hospital.

    Inquest touching upon the death of RA: Representation of a housing association relating to a house fire. Conflicting expert evidence on cause and origin of the fire, and issues relating to the functioning of smoke detectors.

    Inquest touching upon the death of AP: Direct access. Representation of educational establishment. High profile Article 2 inquest lasting for four weeks, tragic death of a girl through apparent self inflicted hanging, wide ranging issues exploring sufficiency of safeguarding in schools and local authority social care, including early intervention.  Multi agency serious case reviews. National media coverage.

    Inquest touching upon the death of LI: Represented deceased’s family (pro bono). Death of young baby in hospital, issues surrounding positioning of NG tube.

    Inquest touching upon the death of AH: Representation of a pharmacist. Analysis and exploration of shared care agreements relating to the prescribing of anti-coagulants.

    Inquest touching upon the death of ZP: Representation of social worker. Four day inquest relating to the death of a young baby killed by her mother (infanticide). Analysis of Serious Case Reviews, Codes of Practice etc. Extensive questioning of police officers, wider issues explored relating to the role, responsibility and interaction of different police forces and social services (EDT), in the context of joint protocols relating to children at risk of harm.

    Inquest touching upon the death of AC:  Representation of paramedic. Inquest relating to the death of a drug user (overdose). Analysis of JRALC Guidelines etc. Issues included effectiveness of EMAS emergency procedures and communications.

    Inquest touching upon the death of TW: Representation of senior prison officer. Two week Article 2 jury inquest relating to a death in custody through hanging. Analysis of various PSIs (safer custody, managing risks of self harm, cell sharing RA etc). Issues explored included disputes of fact, ACCT monitoring reviews and procedures, efficacy of multi-agency approach and causation issues.

    Inquest touching upon the death of GT: Representation of family of deceased; inquest relating to a fatal road traffic accident.

    Inquest touching upon the death of FS: Representation of family of the deceased; inquest relating to the death of an elderly man following a fall in a care home and subsequent death in hospital. Issues relating to the administration of morphine, interactions and overdose.

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  • Personal Injury

    David has a busy civil practice, with particular emphasis on personal injury, clinical negligence and medical law. He has a particular interest in medical and medico-legal issues.

    He advises clients in writing or in conference, and is available to settle pleadings or schedules of loss. He represents clients in fast track and multi-track trial proceedings, in addition various pre-trial or interim hearings, including CCMCs, RTA protocol hearings, RTA dismissal arguments and small claims.

    David undertakes both claimant and defendant work, on either a private basis or Conditional Fee Agreement. He has experience in a range of areas including: road traffic collisions, insurance fraud (low velocity impacts, alleged contrived accidents etc), clinical negligence, fatal accidents, occupiers’ liability, employers’ liability, highways claims, food poisoning, product liability, criminal injuries compensation, actions against the police/prison service, credit hire etc., in addition to arguing esoteric points of law.

    David also conducts inquests, appearing for properly interested parties in the Coroner’s Court.

    In 2021 David was appointed Junior Counsel to the Crown, with a focus on inquest and personal injury work.

    RECENT CASES

    Thompson v Bruce: Fast Track (Defendant). Following extensive cross examination of a claimant, an oral application to add a second defendant part way through trial, outside of limitation was successfully opposed, thereafter a rarely used “submission of no case to answer” in civil proceedings was granted by the court, following the Defendant electing not to give evidence, the claim was dismissed.

    T v B & C: Multi track (Claimant). Accident at work. Acting for a claimant in respect of injury sustained following ingestion of a caustic substance purportedly causing serious injury.

    Cantrell v SYP: Fast track trial (Defendant). Acting for the police. Resisted an application to debar the defendant from relying upon evidence at trial on the basis of purported failure to disclose, successful CPR45.29J application (‘exceptional circumstances’) and significant non-fixed costs award made at interim hearing.

    Littler v McGreavey: Fast Track (Claimant). RTA, diminution in value claim. Represented a claimant seeking a large diminution in value claim in respect of a high value luxury motor vehicle following accident damage. Legal argument, expert evidence. Judge applied Payton v Brooks, adopted a ‘man of the forecourt’ test and agreed that even if the damaged vehicle had been repaired to an entirely satisfactory standard, a prospective buyer would look at it less favourably than a vehicle which had not been damaged or repaired. Full judgment for the claimant, and interest awarded from the date of loss.

    SM -v- Manchester Airport PLC: Fast track (Defendant). Accident at work, claimant slipped allegedly on black ice. Claim advanced against Airport as employer in error, at trial advanced against them in their capacity as occupier. Claim dismissed.

    Mahmood v Southern Rock: Fast track trial. Proceedings for statutory declaration seeking enforcement of a costs order. Legal argument over the interpretation of ss151-152 of the RTA1988.

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  • Clinical Negligence

    David’s personal injury practice encompasses clinical negligence and medical law. David is available to advise in writing or in conference, settle pleadings and schedules of loss, and provide representation at all stages of a case. He undertakes both Claimant and Defendant work.

    RECENT CASES

    NS v NHS Foundation Trust: Clinical negligence, Claimant. Intra-uterine death and stillbirth due to negligence of trust, advice on recovery of damages for primary and secondary victims for psychiatric injury.

    SK v NHS Foundation Trust: Clinical negligence, Claimant. Negligent hypospadias repair.

    IH v NHS Foundation Trust: Clinical negligence, Claimant. Sub-standard (advice and operation) following assault.

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  • Catastrophic Injury 

    David’s personal injury practice also incorporates cases involving serious and catastrophic injury. He undertakes both Claimant and Defendant work. He is available to advise, settle pleadings and provide representation, in respect of cases involving serious or multiple injuries, spinal or brain injury, or where catastrophic injuries lead to the assessment of damages involving claims under the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Act 1976. David also undertakes inquest work.

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  • Regulatory

    David has an extensive background in criminal law, in addition to regulatory and civil matters which broadly interlink. He has experience in environmental law, cases brought on behalf of local authorities or private individuals. He has also advised pro bono for certain cases.

    David accepts instructions in all areas of regulatory work, defence and prosecution.

    RECENT CASES

    BDC v Evans: Prosecution. Private prosecution on behalf of local authority against rogue builder for breaches of the Building Act 1984, failing to submit prior notice and variously breaching regulations by performing substandard building work. Substantial financial orders made on sentence, including maximum compensation order permitted in magistrates.

    BA v SC, RT & MJ: Defence. Private prosecution brought by an individual against three members of a local community organisation. Alleged offence under the Malicious Communications Act 1988. Liaison with CPS, and extensive legal argument/abuse of process. All defendants acquitted after successful half time submissions.

    BDC v Barton: Prosecution. Breach of planning permission conditions, notwithstanding permission being granted separately through Temporary Event  Notice. Interplay of Town & Country Planning Act 1990 (as amended) and Licensing Act 2003.

    NLC v Smith: Defence. Representation of landlady who was prosecuted for vicarious breach of s146 of the Licensing Act 2003 (sale of alcohol to a person under 18 by default of another). Successful reliance on the defence of ‘all due diligence’ securing acquittal.

    RMBC v Hussain: Defence. Appeal against suspension of taxi licence.

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  • Crime

    BA v SC, RT & MJ: Defence. Private prosecution brought by an individual, against three members of a local community organisation. Alleged offence under the Malicious Communications Act 1988. Successful defence, acquitted after half time submission.

    R v Grindle & Beck: Prosecution. Knife point aggravated burglary and witness intimidation by D1 of co-accused D2, who turned QE and gave evidence for the Crown; contempt of court arising within the proceedings.  Dangerousness and extended sentence passed.

    R v Axelby: Prosecution. S20 (GBH), production of cannabis, criminal damage, drug driving, possession of offensive weapons and class B drugs;  mental health issues.

    Department for Business, Innovation and Skills v Wragg:  Prosecution (BIS). Insolvency offences (s357 IA1986 – Fraudulent disposal of property or assets), £183,925 benefit.

    R v Murray & 5 others: Defence. Multi-handed, large conspiracy to supply class A drugs (cocaine and heroin); extensive undercover and surveillance evidence; 7 years imprisonment; subsequent POCA proceedings.

    R v Brown & 7 Others: Defence. Multi-handed six week trial; offences of conspiracy to defraud and possession of articles for use in fraud; sophisticated and complex fraud, estimated loss to telecommunications providers £2.8million (circa.) over a 2½ year indictment period. Document heavy (in excess of 51,000 pages, including electronic).

    R v Lyness & Boot: Defence. Robbery (daylight street mugging, shod feet); topics explored included breadth and adequacy of evidence gathering and preservation by police.

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  • Company and Commercial

    David has experience in a range of commercial areas, including contractual disputes, bankruptcy, mortgage possession claims, landlord and tenant, insurance law and mortgage fraud.

    CASES

    B v C v T v C v T v G:  Fast track. Negligence and breach of contract, significant damage caused to underground cabling, causation and procedural issues, technical expert evidence.

    Eyre v Hickenbuild: Fast track. Property damage claim advanced against a contractor for alleged negligent works purportedly causing power surge.

    Mahmood v Southern Rock: Fast track trial, Bradford County Court. Proceedings for a statutory declaration seeking the enforcement of a costs order. Legal argument over the interpretation of ss151-152 of the RTA1988 and whether any or any adequate “notice” was given.

    DMBC v KP v TLS v CT v AT v Persons Unknown: Appeared for applicant local authority in various trespass action proceedings;  respondents were  members of the traveller community; mandatory and prohibitory injunctions obtained.

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