David Hughes

Date of call: 1997

David practises in Civil, Public and Employment Law.

Civil Law
David acts for claimants in actions against the Police, and for both claimants and for both claimants and defendants in other civil claims. He acts in defamation cases, building on the experience he gained in this field in Gibraltar, and authored the joint response of Public Law Wales and the Wales Commercial Law Association to the Government’s consultation on the draft Defamation Bill. He has delivered talks on defamation and privacy law, both to lawyers and to lay audiences. He has a strong interest in information and intellectual property law. He is a member of the Welsh Assembly’s panel of counsel for intellectual property matters, and advises on issues relating to privacy and data protection as well as more conventional intellectual property matters. He spoke on the subject of confidentiality to a recent Intellectual Property event organised by the Wales Commercial Law Association, of which he is a committee member.

Public Law
David’s practice involves advising public bodies and potential claimants and appearing on behalf of both claimants and defendants in judicial review actions. He also appears in cases involving mental health issues. Again, this builds on his experience in Gibraltar, where he was involved in many of the most important Constitutional cases. He has given evidence to both the Welsh Assembly’s Constitutional and Legislative Affairs Committee’s inquiry into the establishment of a separate Welsh jurisdiction, and also to the Welsh Government’s consultation on the same subject. He is a committee member of Public Law Wales.

Employment Law
David’s employment law practice involves appearing for both Claimants and Respondents in the Employment Tribunal. He also acts in employment-related cases in the ordinary civil courts, for example in confidential-information or restraint of trade cases.

David also practices from chambers in Cardiff (30 Park Place) and is a consultant with the Gibraltar firm Stephen Bullock & Co. He was in full-time practice at the Gibraltar Bar from 1997-1999 and 2000-2007.

David is a fluent Spanish speaker, and also speaks good French and Italian.

Recommendations
"David Hughes recently acted on the highly publicised Merton Green, Caerwent Village Green case". (Legal 500, 2012)

“An expert on Constitutional and Administrative Law” Legal 500 2010

Notable and Reported Cases

Govt. of Spain v Dixon 2008 : Supreme Court of Gibraltar allowed appeal against an order for surrender under European Arrest Warrant to Spain (no appropriate rules in Gibraltar; Anglo-Welsh rules could not be imported)

Att. Gen. v Abecasis 2007 : appearing in Court of Appeal on behalf of squatters resisting an application to evict them from government owned flat;

Re Dixon 2007 : Habeus Corpus proceedings in Court of Appeal following surrender of client to Spain pursuant to a European Arrest Warrant;

Re McDermott : successful representation of London based barrister applying for permanent admission to the Gibraltar Bar (over the objections of the local bar!);

Att. Gen. v Shimidzu [2005] UKPC 26, [2005] 1 WLR 3335: successful representation of respondent in Court of Appeal-costs regime for indictable trials unconstitutional (as acquitted defendants unable to claim costs);

ROJAS v Berllaque [2003] UKPC 72, [2004] 1WLR 201: successful challenge against all-male juries in Gibraltar; appearing alone in Supreme Court and Court of Appeal, and as junior in the Privy Council;

Application re Rule 2 [2001-02] Gib LR 329: legality of CFAs in Gibraltar;

Goodwin v Topgem [2001-2002] Gib LR 316: no blanket PII attaching to information obtained by factories inspectorate in carrying out its function;

Menich v Matthews [2001-2002] Gib LR 58: acting for claimant in action in which defendant had admitted liability, but then sought to plead a limitation defence; held estopped from doing so;

R (Jurado) v King George V Hospital [2001-2002] Gib LR 235: absence of legal aid before the Mental Health Tribunal unconstitutional, and detention unlawful;

R v Shimidzu & Martinez [2001-2002] Gib LR 106: order for disclosure of complaints against a police officer not yet adjudicated upon, and Police Training manual;

R v Shimidzu [2001-2002] Gib LR 100: Supreme Court unable to vary bail conditions imposed by magistrates' court in order to preserve possible costs arguments;

R v Stipendiary Magistrate [2001-2002] Gib LR 68: acting for claimant on application to stay serious criminal charges on the ground that inadequacies in Gibraltar's criminal legal aid scheme made a fair trial impossible. Case led to the first increase in criminal legal aid rates in 20 years;

Parody v R [2001-2002] Gib LR 13: fair trial requirement that magistrates' court give reasons when convicting;

Gaiviso v Commissioner of Police [1990-2000] Gib LR 243: duty of care owed by police officers to detainees at police station in carrying out identifications;

R v HM Prison Gibraltar , ex parte Chichon [1999-2000] Gib LR 143: application for Judicial Review by inmate of prison who had been denied prescription drugs, and failure to provide medical examinations as required by prison rules

Merton Green — appeared for the successful applicants in an inquiry as to whether land should be registered as a village green

Blaenau Gwent v Khan - represented successful local authority in inquiry re recovery of expenses for workers on a listed building, currently acting in subsequent judicial review proceedings.

Seafresh vs Regis and Others — enforcement of confidentiality clauses in employment contracts
CB Construction v Ramsden and Ramsden — For defendants in successful resistance to immediate execution of an adjudication award

R v Probation Service — For a Claimant seeking a judiicial review of decision taken with MAPPA to require him to return to scene of previous offending - resolved amicably to Claimant’s satisfaction.

Rowlands and Rowlands v Ynysybwl RFC — claimants awarded £80k for constructive dismissal

Appearing for Iberia in a number of denied boarding or delay claims

Publications
David has also written various published articles both in Gibraltar and in Wales, wrote a fortnightly newspaper column when in full-time practice on the Rock, and authored an article in the Commonwealth Lawyer on constitutional litigation in Gibraltar over the last decade.

Memberships
National Assembly for Wales Commission Panel
Intellectual Property, Employment (2007)
Public Law Wales (Committee Member)
Administration Law Bar Association,
British Spanish Law Association,
European Circuit of the Bar
Commonwealth Lawyers' Association
Lawyers for Liberty
Police Action Lawyers Group
Wales Commercial Law Association (Committee Member)
Employment Lawyers Association

Education
BA Modern Languages (Wolverhampton) including Erasmus exchanges at Universidad de Granada, Spain, and Universite de Mons-Hainault, Belgium

Clerks Email
Stephen Broom & George Scanlan