David Pievsky’s practice encompasses Public Law & Regulatory, Civil Liberties & Human Rights, Immigration & Nationality, Professional Discipline, Employment and Commercial.  He has substantial experience of appearing in the High Court, Court of Appeal, and Supreme Court (principally in judicial reviews) as well as in the Employment Appeals Tribunal, the Employment Tribunals, and the County Courts.

David has been practising at the Bar since 2002, when he became a tenant at Blackstone Chambers having successfully completed his pupillage.  

David is recognized by both of the leading independent legal directories and is Junior Counsel to the Crown (A Panel).

Experience

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Public & Regulatory

David is a member of the Attorney General’s A panel, and acts in a wide range of public law and regulatory areas, both for and against public bodies.  

David regularly acts for the government in prison and other public law challenges, for the Parole Board and for the GMC, and has also appeared for the Bar Council, the Legal Services Ombudsman, the Director of Public Prosecutions, the Commission for Racial Equality, the Legal Services Ombudsman and the Refugee Legal Centre. He regularly acts for individuals or public interest groups seeking to challenge decisions made by central government or other public bodies. 

David has also works in the area of freedom of information, and financial services law, and has advised on issues relating to the Financial Services Compensation Scheme as well as disciplinary and regulatory disputes. 

Cases

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Civil Liberties & Human Rights

David has appeared in a wide range of human rights and civil liberties cases, both for and against public bodies. For example, he has regularly acted for claimants seeking to exercise their right to protest, and others seeking to challenge a removal decision on human rights grounds. He also acts for a wide range of organisations, companies and public bodies in human rights cases. 

David is a member of the Attorney General’s A panel, and often acts for the government in high profile cases brought by prisoners raising issues about the right to liberty, parole and rehabilitation opportunities, the conditions of detention, and freedom of expression; and for the police in high profile public order cases about maintaining public order (such as the “kettling/containment” litigation, and claims for riot compensation arising out of the London Riots in 2012). 


Cases

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Immigration

David covers many Immigration and Nationality cases.

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Professional Discipline

David has substantial experience of acting in judicial review cases raising regulatory issues, and also in regulatory and/or disciplinary proceedings or appeals themselves. 

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Employment

David acts for employers and employees in cases raising a wide range of employment law issues.

He has acted in many statutory tribunal claims and has also worked on restrictive covenant cases including injunctive work. 

David’s clients have included Barclays Capital, Commerzbank, the Law Society, Linklaters, Network Rail, Tesco, Carphone Warehouse, Vodafone, ABN AMRO, Barclays, the University of Warwick, Odeon Cinemas Limited, the National Association of Head Teachers, and Manchester Airport.

David is also a member of the ELAAS scheme (and has worked with the Bar Pro Bono Unit) and has appeared several times in the EAT on a pro bono basis. 

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Commercial

As a junior to Barbara Dohmann QC, David acted in proceedings in the Commercial Court and in the Court of Appeal which raised important issues of legal professional privilege, in the context of evidence sought pursuant to a letter of request from a United States District Court: United States of America v Philip Morris Inc and Others [2003] EWHC 3028 (Comm), [2004] EWCA Civ 330, The Times, April 16, 2004. The matter was considered by the Court of Appeal for a second time in June of 2004: [2004] EWCA Civ 1064.

David has advised and appeared in a number of other commercial cases involving breach of contract and misrepresentation. He also has experience of acting in commercial mediation.

David acted as junior to Michael Beloff QC in Court of Appeal proceedings concerning service out of the jurisdiction: The Islamic Republic of Pakistan v Zardari & Others [2007] EWCA Civ 134.

David has also worked on commercial cases in the media and entertainment field. He has worked on several cases with Pushpinder Saini QC involving the alleged copying of songs (in the music industry) or the passing off of retail products.

Achievements

Education

MPhil (Cantab)

Publications

  • What does taking into account Strasbourg jurisprudence really mean? [2012] JR 214
  • Lester and Pannick, Human Rights Law and Practice (3rd Edn, Lexis Nexis, 2009) (co-author of chapters on Articles 3, 4, and 6 of the European Convention on Human Rights)
  • Tolley’s Discrimination in Employment Law Handbook (LexisNexis Butterworths, 2008) (chapters 5 (marital status and civil partnership) and 9 (sexual orientation))
  • Public Law Update [2006] Solicitors Journal SJ Vol. 150 No. 19 pp. 636-7 (co-author with Mike Fordham)
  • Three Rivers and its implications for legal professional privilege [2005] PTPR 7
  • Focus on Article 3 ECHR [2005] JR 169
  • Legitimate Expectations as a Relevancy [2003] JR 144
  • The Impact of the Human Rights Act 1998 on Judicial Review [2003] JR 221 (co-author with Tom de la Mare).

Memberships

  • Administrative Law Bar Association
  • Employment Lawyers’ Association

Selected earlier reported cases

Public & Regulatory

  • R (Moos and McLure) v Commissioner of Police of the Metropolis [2012] EWCA Civ 12
  • Grant and Gleaves v Ministry of Justice [2011] EWHC 3379 (QB)
  • R (Garland) v Secretary of State for Justice [2011] Civ 1335
  • Seldon v Clarkson Wright and Jakes [2011] ICR 60
  • Fisher v Dorset PCT [2011] PHL/15323
  • Bergonzi v Metropolitan Police Commissioner
  • R (Milner) v South Central Strategic Health Authority [2011] EWHC 218 (Admin)
  • R (Rowe) v Parole Board [2010] EWHC 524
  • Attorney General’s Reference (No. 3 of 1999) [2010] 1 AC 145
  • R (Unison) v Monitor [2009] EWHC 3221 (Admin)
  • R (Tabernacle) v MOD [2009] EWCA Civ 23, The Times 25 February 2009
  • R (Gulliver) v Parole Board [2007] EWCA Civ 1386 
  • R (Gray) v Legal Services Ombudsman [2007] EWHC 215 (Admin) 
  • Blum and others v Director of Public Prosecutions [2006] EWHC 3209 (Admin) 
  • R (Singh) v Chief Constable of West Midlands Police [2006] EWCA Civ 532 [2006] 1 WLR 3374 
  • R (Haw) v Secretary of State for the Home Department [2006] EWCA Civ 532 [2006] QB 780 
  • R (Boughton and others) v HM Treasury [2006] EWCA Civ 504 
  • R (Elias) v Secretary of State for Defence [2005] EWHC 1435 (Admin), The Times, August 25, 2005 
  • R (T Mobile and others) v The Competition Commission and The Director-General of Telecommunications [2003] EWHC 1566 (Admin)

Civil Liberties & Human Rights 

  • R (Moos and McLure) v Commissioner of Police of the Metropolis [2012] EWCA Civ 12
  • Grant and Gleaves v Ministry of Justice [2011] EWHC 3379 (QB)
  • R (Garland) v Secretary of State for Justice [2011] Civ 1335
  • Seldon v Clarkson Wright and Jakes [2011] ICR 60
  • R (Milner) v South Central Strategic Health Authority [2011] EWHC 218 (Admin)
  • R (Rowe) v Parole Board [2010] EWHC 524
  • Attorney General’s Reference (No. 3 of 1999) [2010] 1 AC 145
  • R (Tabernacle) v MOD [2009] EWCA Civ 23, The Times 25 February 2009
  • R (Gulliver) v Parole Board [2007] EWCA Civ 1386 
  • R (Gray) v Legal Services Ombudsman [2007] EWHC 215 (Admin) 
  • Blum and others v Director of Public Prosecutions [2006] EWHC 3209 (Admin) 
  • R (Singh) v Chief Constable of West Midlands Police [2006] EWCA Civ 532 [2006] 1 WLR 3374 
  • R (Haw) v Secretary of State for the Home Department [2006] EWCA Civ 532 [2006] QB 780 
  • R (Boughton and others) v HM Treasury [2006] EWCA Civ 504 
  • R (Elias) v Secretary of State for Defence [2005] EWHC 1435 (Admin), The Times, August 25, 2005 

Immigration & Nationality

  • OA (Nigeria) v Secretary of State for the Home Department [2009] EWCA Civ 1065 
  • OM (Returning Citizens, minorities, religion) Uzbekistan v Secretary of State for the Home Department [2007] UKAIT 00045
  • AI (Nigeria) v Secretary of State for the Home Department [2007] EWCA Civ 707
  • DK (Serbia) and others v Secretary of State for the Home Department [2006] EWCA Civ 1747 [2007] 2 All ER 483    
  • R (Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1481 [2005] 1 WLR 2219 

Professional Discipline

  • Nwogbo v GMC [2012] EWHC 2666 (Admin)
  • Uddin v GMC (unreported) 2 February 2012)
  • Fisher v Dorset Primary Care Trust (2012), unreported
  • Naheed v GMC [2011] EWHC 702 (Admin)
  • R (Unison) v Monitor [2009] EWHC 3221 (Admin)

Employment

  • Seldon v Clarkson Wright and Jakes [2011] ICR 60, CA
  • Grundy v Kier (ET)
  • Brown v Epsom (ET)
  • Parmar v Commerzbank (ET)
  • Khan v Vignette Europe Limited (EAT, 22 April 2009)
  • CAB Automative v Blake (EAT, 12 February 2008)
  • D & H Travel v Foster (EAT, 2 August 2006)

Previous experience

Before coming to the Bar, David graduated in History and then completed an M.Phil in Political Thought and Intellectual History at Cambridge University.  He also worked as an employment lawyer for the Free Representation Unit (FRU) prior to joining Blackstone Chambers.

Other interests

David has a strong background in music and is principal second violinist in the Kensington Symphony Orchestra.


VAT registration number: 798529358

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