David Shaw

Solicitor

Civil Litigation

David has over 10 years experience dealing with civil actions.  He now specialises in actions against police, prisons and other public authorities including personal injury, data protection and data breaches, breach of privacy, human rights claims, false imprisonment, malicious prosecution and Inquests.

David also has many years experience of Inquests involving deaths in police custody, police contact deaths, deaths in prisons/deaths in custody and those involving medical failures.

Prior to joining Instalaw David trained with West Yorkshire Police Legal Services before moving to DWF's Police and Prison Law team in Manchester.  He then worked for Tinsdills Solicitors specialising in personal injury law.  He has extensive experience in actions against the Police, Prisons, Inquests, Data Protection and personal injury having worked on hundreds of cases over the past decade.

Reported Cases:
Robinson v Chief Constable of West Yorkshire Police [2014] EWCA Civ 15. A claim arising from alleged negligence during a policing operation which allowed injury to be made to an innocent bystander.  Recently heard by Supreme Court.

Secretary of State for Justice v HM Deputy Coroner Eastern District of West Yorkshire [2012] All ER - Judicial review arising from the Inquest into the death of Kassa Osebu a 6 week inquest into the death in prison following charge of murder.

Leeds United v Chief Constable of West Yorkshire Police - court of appeal case relating to the charging for the policing of football matches.


Other Notable Cases:
B v Chief Constable of West Midlands Police - 2 week jury trial claim for false imprisonment, battery and malicious prosecution.

M v Chief Constable of West Midlands Police - 2 week jury trial claim for false imprisonment, battery, breach of Article 5 and 8 involving serious allegations of racial assault and abuse.

KB and others v Chief Constable of West Midlands Police - 2 week jury trial claim for false imprisonments, assault, battery, malicious prosecution, psychiatric injury and breach of article 3, 5 and 8. The claim also involved the use of CS spray.


Inquests:
Inquest into the death of ET - inquest into the death of 16 year old girl who died from chronic constipation.  Acted for emergency responders and OOH GP practice.

Inquest into the death of MT - death in custody, acted for prison healthcare professionals, evidence was called from expert cardiologists.

Inquest into the death of JO - Inquest into the death of a prisoner by hanging.  Acted for mental health professionals.

Inquest into the death of JJ - 2 week inquest into the death of a prisoner 1 day after being held in police custody.


Areas of Expertise:
Police Complaints – David can assist with the bringing of complaints against the Police.

Civil Actions against the Police – David can assist with cases including but not limited to:

  • Failures to investigate crime
  • False imprisonment
  • Malicious prosecution
  • Misfeasance in public office
  • Disclosure failures
  • Failures by CPS/prosecuting authorities to progress enquiries which result in remand time being longer than it should have been
  • CPS relying on incorrect information in relation to bail applications which result in remand
  • Assault and battery / personal injury
  • Claims involving user of Taser, CS Spray, PAVA
  • Police dog bite claims
  • Claims relating to search warrants
  • Trespass to property (unlawful entry to property)
  • Occupiers liability - slips, trips and injuries on police property
  • Negligence - duty of care to those under arrest and/or in custody
  • Fatal Accident Act claims - claims for bereavement arising from death in police custody and/or due to failures by Police
  • Quashing of cautions not administered properly
  • Challenging Disclosure and Barring Service certificates
  • Judicial review of Police decisions


    • Data Protection / Breach of Privacy:
    David can assist in bringing claims against Public Authorities including the Police, Prisons, Local Authorities and other parties in relation to data breaches and breaches of privacy for example:

  • Loss of personal data
  • Theft of personal data
  • Wrongfully sharing personal data
  • Refusals to delete or correct personal data
  • Unlawful disclosures
  • Sharing incorrect information


    • Civil litigation involving actions against Prisons:
    We can assist in bringing claims against Prisons such as those listed below. This list is not exhaustive:

  • False imprisonment
  • Personal injury from Prisoner on Prisoner assaults
  • Assault and battery by prison officers
  • Occupiers liability – personal injury from slips, trips and injuries caused by defects in premises
  • Personal injury to prisoners whilst working at the Prison
  • Claims arising from death in custody
  • Data protection breaches / GDPR breaches
  • Parole delays
  • Human Rights claims
  • Judicial review of Prison decisions


    • Inquests:
    David can represent bereaved families and interested persons at Inquest and can provide advice in relation to any civil actions arising from failures by the appropriate authorities. We can also advise on challenging decisions of Coroners.

    The types of cases David specialises in are as follows:

  • Deaths in Prison / detention centres / immigration removal centres
  • Death in hospital following transfer from Prison / Police Custody
  • Death arising from detention in Courts
  • Death arising during prisoner transport services
  • Deaths in Police custody
  • Deaths arising from Fatal shootings by Police
  • Deaths arising from Police pursuits (RTC’s)