David Hewitt

David Hewitt

DAVID HEWITT

Year of call: 2016

Call clerks: 0113 297 1200

Email clerks: clerks@kbwchambers.com

 

  • Practice Summary

    David is a family law specialist, accepting instructions in both public and private law proceedings.  David has acted on behalf of local authorities, parents, children and interveners in the course of public law proceedings and is noted for his ability to build trust a strong rapport with both professional and lay clients, particularly when dealing with traumatic or sensitive issues.

    Public law

    Care proceedings

    David has appeared on behalf of local authorities, parents, children and interveners in a number of non-accidental injury (“NAI”). For example:

    • Re B [2019] – acting on behalf of a North West local authority in care proceedings instigated as a result of the alleged physical abuse of 4 young children. All threshold findings proven and care orders made.
    • Re S [2019] – acting on behalf of a West Yorkshire local authority in care proceedings regarding injuries inflicted on a small baby. Threshold findings made against the respondent father, and public law orders made. Extensive cross-examination of expert witnesses.
    • Re B [2020] – acting on behalf of a child who had suffered an inflicted burn. Involved the cross-examination of an expert witnesses.

     

    David has also appeared in care proceedings which involve allegations of serious neglect or abuse:

    • Re G [2019] – acting on behalf of a local authority were there had been allegations of familial sexual abuse.
    • Re B [2018]representation of a father in care proceedings where there were allegations of criminality and drug misuse.
    • Re K [2019] – representation of a mother in care proceedings, who had been the victim of domestic violence at the hands of the child’s father.    

     

    Deprivation of liberty

    David has appeared in complex care proceedings which have required (due to the restrictions on liberty proposed) High Court authorisation of the proposed care plan (Re: B [2019]). This involves a careful analysis of whether or not the proposed care plan in fact amounts to a deprivation of liberty and, if so, whether such restrictions are proportionate and consistent with the welfare of the child or young person.

    Other public law applications  

    David has appeared on behalf of local authorities, parents, children in a range of other public-law hearings including:

    • applications made for interim care orders;
    • applications for recovery orders;
    • ground-rules hearings;
    • Re: W hearings;
    • applications for the discharge of a care order;
    • applications for intervener status.

     

    David has also advised and appeared on behalf of local authorities seeking to resolve jurisdictional issues (Re H [2019]).

    Cross-disclosure – criminal to family law proceedings

    David has acted on behalf of the Police when seeking the disclosure of material from family proceedings to support a live police investigation. David has also represented local authorities seeking to obtain disclosure from the police to inform care proceedings. David understands the complexities of dealing with such disclosure issues (Re O [2020]).

    Advisory work / drafting

    In addition to advocacy, David is happy to undertake drafting work and to provide advice to local authorities and others engaged in public law proceedings.

    Prior to the bar, David spent 12 years working in various senior positions within local government. As such, he has a deep-rooted understanding of public law proceedings and of the mechanics of public bodies.

    Private law

    David has considerable experience in private law (family) proceedings, including those case that are either on or cross the periphery to care proceedings.

    This includes cases of alleged domestic abuse, allegations of rape or sexual abuse and substance / alcohol misuse (e.g. Re: BT [2019]].

    Re E [2019] – David acted (successfully) on behalf of a mother seeking the return of a child retained by the respondent father in the course of contact arrangements.

    FGM

    David has experience of proceedings involving allegations of Female Genital Mutilation (“FGM”). In 2019, David represented a mother accused (in the course of private law proceedings) of having facilitated or procured FGM being performed on her daughters. The mother made a cross-allegation that in fact it was the father than had facilitated or procured this procedure (along with allegations of domestic violence and abuse). The court found that the father was responsible for this procedure. No findings were made against the mother.

    Direct access

    David is happy to accept instructions directly from members of the public and professional clients, in appropriate cases, under the Direct Public Access scheme. Manisha can offer a variety of services from the provision of initial advice on the merits of a case and the undertaking of drafting work, to representation at court hearings.

  • Practice Summary

    David accepts instructions in all types of employment case, including advocacy and advisory work. David recently and successfully appeared in the Employment Tribunal on behalf of a Claimant alleging constructive unfair dismissal against the Ministry of Justice (H [2020]).

    Prior to the bar, David spent 12 years working in various senior positions within the public sector. As such, he has extensive and practical experience of the complexities of public bodies – which makes him ideally placed to act for or against such organisations and/or their agents.  David is able to deploy his experience in the public sector and offer pragmatic and sensitive advice at all stages of proceedings (and pre-proceedings)

  • Practice Summary

    David appears in the Crown and Magistrates’ Court, prosecuting and defending individuals facing serious allegations.

  • Practice Summary

    David has represented Appellants in the Immigration Tribunal. Between June and October 2018, David provided advice to the Secretary of State regarding the suitability of immigration decisions. David undertook pupillage under the supervision of Roxanne Frantzis, a significant proportion of which involved Immigration Law.

  • Practice Summary

    David has successfully represented clients in proceedings on the Small Claims and Fast Track.

  • Practice Summary

    David has made a number of successful applications on behalf of North Yorkshire Police.

  • Practice Summary

    David has substantial public law and regulatory experience from his time in Local Government including experience of Judicial Review proceedings. David has substantial experience of the legal issues associated with the devolution of power and funding to local government, Combined Authorities and/or directly elected mayors.

  • Qualifications

    BPP University – BPTC / LLM Professional Legal Practice (Distinction).

    Nottingham Law School – Graduate Diploma in Law (Distinction).

    University of Sheffield – Post-graduate certificate in Leadership and Management (Distinction).

    Newcastle University – BA (Hons) English Language and Literature (First Class).

    Awards

    Recipient of the Ann Goddard Scholarship 2018 (Gray’s Inn).

    Recipient of the Steen Award 2015 (Gray’s Inn).

    Experience

    Prior to the bar, David spent 12-years working in local government in a number of senior positions (latterly with responsibility for a £52 million business investment programme).

    David has both legal and non-legal experience from this previous career.