David Withers

Practice Areas

I am a Partner of Irwin Mitchell LLP. I qualified as a solicitor in 2012 and achieved promotions in 2015, 2017, and 2019.

I co-led the Sheffield Serious Injury Team and have line management responsibilities for over 35 colleagues. I specialise in serious injury cases involving life-changing trauma.

Career

I have recovered damages in excess of £125M during my career. My highest individual settlements include £18M (capitalised PPO), £9.6M, and £7M, £6.3M, 6.25M, £5.1M, and £5M.

I have taken cases to, and succeeded at, trial. I also have experience of resisting permission applications, and gaining permission, to appeal to the Court of Appeal.

My Trial experience includes:

(a) Revill – v – Damiani [2017] EWHC 2630 (QB): led my team to Trial. We 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, our commitment to get the right result led to a strong settlement before the Court of Appeal hearing.

(b) Ayres – v – Odedra [2013] EWHC 40 (QB): I was part of the legal team who secured a 80:20% outcome after a hard fought trial on liability.

I have been shortlisted at the National Personal Injury Awards for case of the year. I have also been shorted for the Yorkshire Partner of the Year.

I achieved Higher Rights of Audience in 2013. I have represented clients and families at interlocutory hearings on multi-track cases, in the Magistrates’ Court, and at an inquest.

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

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

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

I was heavily involved in the set-up of the Irwin Mitchell Advocacy Team. This growing team has gone from strength-to-strength.

I provide 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.

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

I co-lead our insurance partnership arrangements to ensure quality provision for before-the-event and after-the-event insurance cover.

I also provide technical costs and pricing advice and sit on the National Risk Forum for the Personal Injury Division. I have presented to over 500 colleagues on a number of occasions about cost and pricing changes. I also support the General Counsel Team as a Subject Matter Expert.

I have supported colleagues through mentoring.

I also have an interest in law reform. I am currently operating at National Division Executive level to supervise the effective management of a run-off book. There were originally over 25,000 cases.

Professional Memberships

I am the Secretary for the Association of Personal Injury Lawyer’s (APIL) Brain Injury Group. I am accredited by APIL as a Fellow and Brain Injury specialist. I assess aspiring lawyers who wish to become brain injury accredited on behalf of APIL

Publications

I have been published in the Journal of Personal Injury Lawyers, PI Focus, and NR Times. I provide technical guidance to the National Serious Injury Team as part a national role.