David Withers

Practice Areas

David is a Partner of Irwin Mitchell LLP. With a career that began in 2012, he has swiftly risen through the ranks, earning recognition for his expertise in 2015, 2017, and 2019.

David has championed the rights of his clients, securing over £125 million in settlements. His commitment to justice is reflected in his successful negotiation of substantial settlements, including awards of £18 million, £9.6 million, and several others exceeding £5 million. His legal acumen extends to securing Periodical Payment Orders and Provisional Damages Orders, ensuring long-term financial security for his clients.

David has represented clients at inquests, at Magistrates’ Court hearings, and at interlocutory hearings including contentious applications.

David supports the relationship management with our key insurance partner relationships including before-the-event and after-the-event insurance. David was also heavily involved in the set-up of the Irwin Mitchell Advocacy Team. This growing team has gone from strength-to-strength.

Career

David has taken cases to, and succeeded at, trial. He also had experienced of resisting permission applications, and gaining permission, to appeal to the Court of Appeal. David’s Trial experience includes:

Revill – v – Damiani [2017] EWHC 2630 (QB): led his team to Trial. They tried to change the law on CPR Part 21 (widely reported in the legal press). The High Court was bound by an old House of Lords authority; however, their commitment to get the right result led to a strong settlement before the Court of Appeal hearing.

Ayres – v – Odedra [2013] EWHC 40 (QB): David contributed to a decisive 80:20% liability ruling. These experiences underscore his tenacity and dedication to achieving favourable outcomes for his clients.

Furthermore, David has been shortlisted at the National Personal Injury Awards for case of the year. He has also been shortlisted for the Yorkshire Partner of the Year.

David has presented on two occasions to the Rehabilitation Special Interest Group for the Forum of Insurance Lawyers (FOIL) on collaborative working and advances in technology. He delivered a presentation to 225 aspiring lawyers in conjunction with the University of Law and Legal Cheek.

Moreover, David contributed to a round table discussion about expert evidence in a virtual world. This event was attended by over 150 lawyers and insurers.

David provides advice on a range of issues in a challenging hospital environment to families who have relatives in a critical condition. This advice has included balancing the right to life and best interest obligations.

David also provides technical costs and pricing advice and sits on the National Risk Forum for the Personal Injury Division. He has presented to over 500 colleagues on a number of occasions about cost and pricing changes. He supports the General Counsel Team as a Subject Matter Expert.

David also has an interest in law reform. He is currently supervising the effective management of a run-off book. There were originally over 25,000 cases.

Professional Memberships

David is a Fellow of, and a Brain Injury Assessor for, the Association of Personal Injury Lawyers (“APIL”). He is also the Joint Co-Ordinator of the National and popular Brain Injury Special Interest Group. He has also opened the National Brain and Spinal Injuries conference and presented for APIL as part of their paid training.

Publications

David has been published on a number of occasions including the Journal of Personal Injury Lawyers, PI Focus, the Solicitors’ Journal, and the Neuro-Rehabilitation Times.