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Barrister Profile

DAVID MCMILLEN QC

Year of Call: 1985

QC: 2011

Main Areas of Practice

Administrative Law or Judicial Review
Commercial Law
Personal Injury
Public Inquiries

Biography

I have been involved in a broad range of high profile civil actions. In over seven years as Junior Counsel to the Attorney General I acted for Government Departments and other public bodies in major judicial review applications. These included a broad spectrum of Human Rights issues, from adoption to prisoners’ rights and freedom of the press. I also advised Ministers and Government Departments on the lawfulness of proposed actions and legislation. In addition I acted in many procurement cases of great complexity and very high value. Further I have appeared for public bodies and private clients in a variety of commercial and construction cases. Since taking Silk I have continued to act in these areas for a broader range of clients. My practice has expanded to encompass personal injury actions, particularly those with a high value or particular complexity.

I am a qualified mediator having completed the course run by Queen’s University and the Law Society.

Qualifications

2004 - 2011; Junior Counsel to the Attorney General

Experience

The following are a selection of some of the reported and unreported cases I have been engaged in :-

Patterson, Robert v Castlereagh Borough Council [2015] NICA 47 (test case on assessment of holiday pay)

Gaughran v The Chief Constable of the Police Service of Northern Ireland [2015] UKSC 29 (challenge to policy of retaining DNA profiles by police)

Leisure Arcades Limited; in re application for judicial review [2015] NICA 36 (challenge to licensing of amusement arcade)

Northern Ireland Human Rights Commission; in re application for judicial review [2013] NICA 37 (challenge to adoption law)

Board of Governors of Loreto Grammar School; in re application for judicial review [2011] NIQB 30 (judicial Review of decision not to provide £14.6M for a school building)

R A; in re application for judicial review [2010] NIQB 99; [2011] NI 20 (challenge to detention of terrorist suspects)

JR45; in re application for judicial review [2011] NIQB 17; [2012] NIJB 36 (challenge to Mental Health Tribunal proceedings)

Duffy, Colin & ors; in re application for judicial review (No 2) [2011] NIQB 16; [2011] NI 194 (challenge to detention of terrorist suspects)

Traffic Signs and Equipment Limited v Department for Regional Development & another [2011] NIQB 25; [2011 NIJB] 322 (public procurement, tenders)

McClurg, Charles Wayne & ors v Chief Constable of the Royal Ulster Constabulary; in re lead case of Hepburn, Robert [2009] NICA 33

Post traumatic stress disorder group action [2009] NICA 33,34,36 and 39

Northern Ireland Commissioner for Children and Young People; in re application for judicial review [2009] NICA 10; [2009] NI 235 (attempt to outlaw smacking of children in all circumstances)

Pharmaceutical Contractors Committee (NI) Ltd & ors; in re application for judicial review [2010] NIQB 3 (judicial review into funding of pharmaceutical services)

JR27; in re application for judicial review (No 2) [2010] NIQB 143; [2011] NIJB 246 (challenge to the compatibility of retention of DNA samples)

JR1 [2011] NIQB 5 (judicial review of Chief Constable’s decision to employ taser weapons)

Society for the Protection of Unborn Children; in re application for judicial review [2009] NIQB 92; [2010] NIJB 185 (judicial review of the law in relation to abortion)

Carter, Christopher Charles; in re application for judicial review [2011] NIQB 15; 2011 NIJB 350 (successfully resisted renewal of leave application in a challenge to the smoking legislation)

Henry Brothers (Magherafelt) Limited & ors v Department of Education for Northern Ireland [2011] NICA 59; [2012] NIJB 230 (procurement challenge with capital value of circa £800M)

McLaughlin and Harvey Limited v Department of Finance and Personnel [2008] NIQB 25 (procurement challenge with a capital value of circa £650M)

Central Craigavon Limited; in re application for judicial review [2010] NIQB 102; [2011] NI 31 (judicial reviews as to grant of planning permission; Sprucefield and John Lewis case)

P & ors; in re (adoption; unmarried couple) [2008] UKHL 38; [2008] NI 310; [2008] 3 WLR 76; [2008] 2 FCR 366 (challenge to the compatibility of adoption legislation)

McE; in re; M; in re; C & anor; in re [2009] UKHL 15; 2009 2 WLR 782; 2009 2 Cr App R 1; 2009 NI 258 (challenge to lawfulness of “bugging” solicitor/client consultations)

Tesco Stores Limited; in re application for judicial review [2010] NIQB 15 (Kinnegar Residents Association challenge to Belfast City Airport’s potential development)

Magennis, Feargal; in re application for judicial review [2010] NICA 43 (challenge to the Child Support Assessment system)

Belfast City Council; in re application for judicial review [2008] NIQB 13; [2008] NI 277 (case which established principle allowing judicial review of sentencing decisions)

Callaghan, Kenneth v Independent News & Media Limited [2008] NIQB 15 (Prison Service obtained injunctions to stop newspapers publishing photos of released sex offenders)

R v Marshall Acted, pro bono, in death penalty case from Jamaica

HM Secretary of State for Northern Ireland; in re application for judicial review [2006] NIQB 94 (Prison Service sought a declaration that it could feed a prisoner on hunger strike)