David Whitney: Regional Judge, First-tier Tribunal, Property Chamber (Residential Property)

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“Being a judge allows me to maintain a good work-life balance with time for my family. As many say, I don’t miss billing targets and the other requirements of private practice. I would certainly recommend it to all practitioners looking for that next stage in their career.”

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Background

I grew up in the West Midlands and was the first person in my family to go to university. After secondary school I was not sure what I wanted to do but it had been suggested that a law degree would keep my options open. I completed my degree at the University of Wolverhampton and decided a career in law was what I wanted.

At university, I was a member of the mooting team which reached the national final of the Observer Mace Mooting competition. I felt a career as a barrister beckoned, possibly too much Kavanagh QC (the legal 90s drama series)! After completion of the Bar Course whilst trying to obtain a pupillage, I accepted a six-month temporary contract with a firm of solicitors. Six years later I was still there and eventually converted to become a solicitor.

I fell into property litigation after a partner who conducted this type of work left the firm I was working at. I attended court regularly and became involved in a wide range of litigious matters and developed a knowledge of enfranchisement law. If anyone would have told me a large part of my working life would revolve around reading leases I would have thought they were mad!

The application

In 2010, I saw an advert inviting applications for lawyers to apply to become Legal Chairs for the Leasehold Valuation Tribunal (LVT). I applied via a JAC competition, more in hope than expectation, having attended hearings in the LVT and thinking that I fancied being involved. I felt the skills I possessed from my day-to-day practice would fit in. To my surprise, I was appointed and allocated to the Southern Panel.

I continued in private practice as a lawyer and gradually increased my number of sittings. In 2013, I became a fee-paid Judge when the LVT transferred into the First-tier Tribunal (Property Chamber). Then in 2018 I was offered the opportunity to sit in the Social Entitlement Chamber and broaden my judicial experience. By this time, I had a portfolio career practising as a solicitor, a civil mediator, lecturer, and judge!

I was lucky to be mentored by a salaried Judge who encouraged me to consider a salaried role.  I knew many of the members and found the collegiate atmosphere to be very positive. Everyone was willing to help.

The JAC process is hard work. You need to prepare carefully, thinking about what examples best help you to demonstrate you can fulfil the competencies. The various resources on the JAC website help but nothing beats talking to someone who has already been successful. Equally, discussing with those individuals you are intending to put forward to give independent assessments is vital. The process is not like a reference in private practice. Preparation for the application is key.

The role

In 2021, I was appointed as a Salaried Judge and then in 2023 I became the Regional Judge for the Southern Region, covering from Kent across to Cornwall, managing the salaried and fee-paid judges and all hearings in our region.

I love the variety of work that I see. Our jurisdiction is vast and growing all the time, generally it is a party vs party tribunal. It means you see a wide number of differing cases, many involving litigants in person. Whilst this can be challenging it also brings huge rewards. Equally, as someone with a love of property having the ability to travel across the region to see properties gives me enormous satisfaction. I typically sit hearing cases two or three days a week with other days given to preparing for future cases, reading papers, writing up decisions and undertaking my leadership role.

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