David Mold

Called in 2010

Areas of Practice
Direct Public Access Barristers, Immigration, Business & Commercial, Property, Landlord & Tenant, Personal Injury, Local Authorities & Public Law

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Practice Profile

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David has a mixed common law practice. The broad nature of his practice enables him to deal effectively with matters which cut across different areas of law. He is qualified to accept direct access instructions.


Public Law and Human Rights

David practises at all levels of the courts and tribunal system in all aspects of immigration, asylum and European law. He has considerable experience of appearing in appeal proceedings.

In addition, he frequently drafts judicial review grounds and appears in court in connection with the oral renewal or substantive judicial review hearings. Many of the cases in which David is instructed to draft judicial review grounds are settled before proceeding to a court hearing.

David is increasingly instructed on the preparation and drafting of initial applications made both overseas and within the UK. He also drafts grounds for administrative review of decisions that now have no right of appeal.

He provides advice to local authorities and individuals on immigration issues arising in family proceedings.

David also acts in public law areas more generally. This has included challenges to the award and fulfillment of contracts by public authorities and representing London Boroughs in challenges to decisions of the Upper Tribunal (Administrative Appeal Chamber) to refuse permission to appeal.

He deals with breaches of planning law and subsequent enforcement and breaches of health & safety legislation. He has acted in proceedings challenging the imposition of civil penalties for immigration offences. He has also acted on behalf of local authorities in prosecution proceedings under the Education Act 2006.


Property/Landlord and tenant

David accepts instructions in a wide range of property matters both residential and commercial. These include construction of leases, forfeiture, claims for new tenancies, easements, service charges, party wall matters and boundary disputes.

David also deals with cases concerning homelessness under the Housing Act 1996. His work ranges from advising on decision letters and the merits of appeals through to representing clients in court in appeal and judicial review proceedings.

 

Commercial 

David’s practice covers all areas of commercial and business law, including agency, contractual disputes, consumer credit issues, corporate insolvency and bankruptcy.

He accepts instructions in professional negligence claims, both for and against legal advisors, particularly in the field of immigration law where his knowledge of that area is a valuable asset.

He also undertakes a wide variety of personal injury work including employers’ and occupiers’ liability cases and advises on liability and quantum.

 

Notable cases 

Taiwo & Anor v Olaigbe & Ors [2016] UKSC 31 (22 June 2016)

 

  • Led junior in the Supreme Court concerning whether discrimination on grounds of immigration status amounted to discrimination on grounds of nationality

 

IA (Nigeria) v Secretary of State for the Home Department [2016] EWCA Civ 529 (28 January 2016:)

 

  • Court of Appeal permission hearing concerning a FtT Judge’s adverse view of the case by virtue of the applicant's decision not to give evidence

 

OA004522014 [2015] UKAITUR OA004522014 (13 November 2015)

 

  • Resisting the Secretary of State’s appeal to the Upper Tribunal relating to whether the applicant’s mother had sole responsibility

 

IA164122014 & Ors. [2015] UKAITUR IA164122014 (10 November 2015)

 

  • An appeal to the Upper Tribunal concerning whether there were significant obstacles to integration under paragraph 276ADE

 

IA317042014 [2015] UKAITUR IA317042014 (13 October 2015)

 

  • Resisting the Secretary of State’s appeal to the Upper Tribunal concerning a tier 1 appeal that had been allowed on the basis that the refusal was procedurally unfair

 

IA195252014 [2015] UKAITUR IA195252014 (26 June 2015)

 

  • An appeal to the Upper Tribunal concerning the exercise of discretion when cancelling leave to remain

     

DA000572014 [2014] UKAITUR DA000572014 (18 November 2014)

 

  • Resisting the Secretary of State’s appeal to the Upper Tribunal concerning the FtT’s finding that there were exceptional circumstances in the context of an appeal against a deportation order

 

Han, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4606 (Admin) (04 November 2014)

 

  • Judicial review concerning issues relating to paragraph 245AA of the Immigration Rules and the evidential flexibility policy

 

DA006772013 [2014] UKAITUR DA006772013 (30 January 2014)

 

  • An appeal to the Upper Tribunal concerning deportation under the EEA Regulations

 

IA161672013 & IA161742013 & IA161802013 [2014] UKAITUR IA161672013 (27 January 2014)

 

  • An appeal to the Upper Tribunal concerning the failure to apply the evidential flexibility policy to a tier 1 application

     

AA024602012 [2014] UKAITUR AA024602012 (8 January 2014)

 

  • An appeal to the Upper Tribunal concerning the failure to grant an adjournment in an asylum hearing

 

Qualification and awards

BVC, BPP Law School London (2009)

University College London, LLB (honours)

 

Professional memberships

South Eastern Circuit

 



direct access

David is qualified to accept instructions under the Direct Public Access to Barristers Scheme.

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Contact

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5 Pump Court

Temple, London

EC4Y 7AP

T 020 7353 2532

F 020 7353 5321

E clerks@5pumpcourt.com

Document Exchange

LDE 497 Chancery Lane

Hours

8.30 am until 7.00 pm

Urgent out-of-hours

07976 368031

Parking spaces are available for conferences on request in advance
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