The TV personality was a fan favourite of the programme before quitting last year as he felt it was “time to move on and focus on his other projects”.
This exit came after he was forced to apologise for comments he made about contestants on the show.
The comments were recorded during filming at the London Palladium and were leaked to the public.
The leaked audio saw David describe one contestant as a “c**t” before claiming that one of the female participants would think the judge wants to “f*** her”.
The first comment appears to have come after a male contestant made a light-hearted jab at the Little Britain co-creator.
Despite the brashness of these comments, the lawyers representing David Walliams said these were part of a private conversation and were not meant to be heard by the public.
The comments were picked up by a microphone used to capture conversations between BGT judges on the show during and between acts.
Following the leak, Walliams apologised for making “disrespectful comments”, saying: “I would like to apologise to the people I made disrespectful comments about during breaks in filming for Britain’s Got Talent in 2020.
“These were private conversations and – like most conversations with friends – were never intended to be shared. Nevertheless, I am sorry.”
According to The Sun , the star has lodged papers at the London High Court under his real name, David Edward Williams.
The papers accuse BGT production company Fremantle of a ‘data protection breach’ over the audio.
It has been reported that the former judge has hired the expertise of legal-titan Brandsmith which specialises in data protection breaches.
This comes after David Walliams was replaced on BGT by Strictly Come Dancing icon Bruno Tonioli.