David Ball

Practice Areas

David specialises in extradition, immigration and public law. He has particular expertise in human rights work, and has been successful in a landmark case before the European Court of Human Rights (Unuane v UK).

Before coming to the Bar David worked at Liberty in test cases pending variously before the European Court of Human Rights and the European Court of Justice. He also worked at the Immigration Advisory Service, working directly with unaccompanied minors and victims of torture.

David is an extradition specialist barrister, acting on behalf of both individuals and judicial authorities at all levels. He is regularly instructed in complex Part 1 and Part 2 matters under the Extradition Act 2003. He has a thorough understanding of international mutual legal assistance having for a number of years advised the Serious Fraud Office in a high profile investigation into multi-million dollar international corporate corruption. Before coming to the Bar David worked for Linklaters and has a strong background in international commercial litigation. He is on the CPS Specialist Extradition Panel and is B Panel Counsel for the Serious Fraud Office. He is a contributor to the leading text book on Criminal Judicial Review.

David is an experienced immigration practitioner. He is Trustee of the Immigration Law Practitioners’ Association. He regularly appears before the First Tier, Upper Tier, High Court and Court of Appeal. He has particular experience in judicial review matters whether before the Upper Tier or High Court. He has appeared in landmark litigation including before the President of the Immigration and Asylum Chamber on the procedure for immigration judicial reviews, and before the Court of Appeal in a challenge to the legality of the immigration rules.

Career

Called 2008 Middle Temple. Trained at Linklaters, qualified as a solicitor 2006. Commenced pupillage at 36 Bedford Row in 2008; successfully completed pupillage and became tenant in 2009.

Professional Memberships

Immigration Law Practitioners’ Association

Defence Extradition Lawyers’ Forum

Human Rights Lawyers’ Association

Publications

David is a contributor to the leading text book on Criminal Judicial Review.

Personal

David achieved the highest LLM Distinction in the University of London for his Masters in Human Rights Law at University College London.

David has a First Class degree from Durham in English Literature.

Work Highlights

European Court of Human Rights

Unuane v UK (2021) 72 EHRR 24

Successful Article 8 appeal in context of deportation, described on Free Movement as a “slobber knocker” of a case.

High Court & Divisional Court

Killoran v Belgium [2021] EWHC 2290 (Admin)

Application of principles of s12A and issue of whether there has been a decision to charge or try on context of Belgian criminal proceedings

Bernotas v Lithuania [2021] EWHC 1410 (Admin)

Challenge to nature of assurances on Lithuanian prison conditions

Enasoiae v Romania [2021] EWHC 69 (Admin)

Consideration of the role of specialty in Romania

Krupa v Poland [2019] EWHC 3249 (Admin)

Application of s25 in context of HIV, Hepatitis C and complicating medical conditions

PP v Poland [2019] EWHC 1761 (Admin)

Meaning of decisiveness in application of Fenyvesi principle

Swiercz v Poland [2019] EWHC 1387 (Admin); [2019] ACD 85

Consideration of application and effect of s21A

Ciemniak v Poland [2019] EWHC 1340 (Admin); [2019] ACD 82

Effect of delay on public interest in extradition

Poland v Horbacz [2019] EWHC 1071 (Admin)

Interaction of specialty with disaggregation principles and definition of extradition offence

Gilewski v Poland [2019] EWHC 625 (Admin)

Consideration of impact of Brexit uncertainty on Article 8 appeal

R (Y) v SSHD [2016] EWHC 2883 (Admin)

Challenge to s96 certification

R (Antwa) v Lambeth Children’s Services LGL 2016, Mar 18; JHL 2016, 19(3), D32-D33; Legal Action 2016, Apr, 38-42

Consideration of extension of interim mandatory injunction requiring a local authority to provide accommodation further to s17 Children Act 1989

R (Mohammadi) v SSHD [2014] EWHC 2251 (Admin)

Fresh claim and proper application of Devaseelan test

R (Jaberkhail) v SSHD [2014] EWHC 1821 (Admin)

Application of corrective relief principle

Dowland v Architects Registration Board [2013] EWHC 893 (Admin)

Construction of Architects Act 1997

Destiny 1 Ltd v Lloyds TSB Bank Plc [2010] EWHC 1233 (QB)

Construction of guarantee

Upper Tribunal

Pun v SSHD 2019 (HU/12495/2015)

Decision before Vice President Ockleton allowing Article 8 appeal for adult dependents of Gurkha veteran

R (KA and another) v SSHD (ending of Kumar arrangements) [2018] UKUT 201

Decision overturning arrangements for SSHD’s lodging of Acknowledgments of Service

AB v SSHD 2018 (HU/24186 /2016)

Decision before Lord Matthews and Upper Tribunal Jude Perkins dismissing SSHD appeal on all grounds in relation to an allowed deportation matter

Ibrahim v SSHD 2017 (OA/04069/2015)

Consideration of the proper scope of s55 in entry clearance appeals

R (Thapa) v SSHD 2017 (JR/03633/2016)

Judicial review of failure to grant indefinite leave to remain

Bah v SSHD 2017 (OA/15543/2014)

Scope of reasons required in Appendix FM decision

Court of Appeal

KA (Afghanistan) v SSHD [2017]

Led by Richard Drabble KC in appeal conceded by Respondent day before substantive hearing

R (AM (Iran)) v SSHD [2016] EWCA Civ 667

Application of anxious scrutiny in context of fresh claim

Nelson v Circle 33 Housing Association [2014] EWCA Civ 106; [2014] 3 Costs LO 355

Successful relief from sanctions application

B (A Child) Hague Convention Proceedings [2014] EWCA Civ 375; [2015] 1 FLR 389; [2014] Fam Law 942

Application of Brussels IIR