Stephanie David

Year of call:
2016
Email:
stephanie.david@39essex.com

Clerks:
+44 (0)20 7832 1111

Stephanie has an expanding practice across several of Chambers’ specialisms: public law and human rights (particularly in Court of Protection and health-related matters); commercial and construction; clinical negligence and civil liability; and planning and environmental law.

She also has a sector-focus, particularly health, sports, construction and financial regulation so that she can offer clients more holistic advice.

Before coming to the Bar, Stephanie worked for two years at top tier law firm, Leigh Day, on discrimination claims brought by judges in relation to their pension entitlement (McCloud & Oths v (1) The Lord Chancellor and Secretary of State for Justice (2) Ministry of Justice (2016)) and the litigation on behalf of Mr O’Brien).

Commercial, Construction & International Arbitration


Stephanie has broad experience across commercial matters (in both domestic litigation and international arbitration) in a range of sectors including financial, construction, energy and aviation.

She has experience of working on complex multi-party claims, for example, as junior counsel in one of the largest judicial reviews – the challenge to the third runway at Heathrow, which involved five judicial review claims, numerous parties and complicated points of law and factual material. She is also instructed on the appeal.

Other relevant matters include:

  • Junior counsel assisting James Strachan QC in responding to an appeal brought by Berkeley Burke SIPP Administration Ltd, challenging the decision of Jacobs J ([2018] EWHC 2878 (Admin)), which considered the regulatory duties on Self-Invested Personal Pension (“SIPP”) providers and administrators
  • Junior counsel assisting Sean Wilken QC, Adam Robb QC and Stephen Kosmin in Seadrill Ghana Operations Ltd v Tullow Ghana Ltd [2018] EWHC 1640 (Comm) considering whether a provisional measure issued by ITLOS in Case No 23 between Ghana and Côte d’Ivoire was a force majeure within the contract for a deepwater drilling unit.
  • Advising on the interpretation of Civil Aviation Authority guidance on hydraulic hoses, within the domestic and EU regulatory scheme.
  • Junior counsel to Marion Smith QC advising on advance payment bonds and autonomous guarantees.
  • Junior counsel assisting Adrian Hughes QC on a multi-million dollar arbitration in Hong Kong arising from a construction dispute.
  • As sole counsel, she successfully applied to strike out a Defence and have judgment entered for the Claimant for unpaid sums of nearly £45,000 due under a contract.
  • As sole counsel, she represented an airline in defending a claim brought under Convention for the Unification of Certain Rules for International Carriage by Air, 28 May 1999 and Regulation (EC) No 261/2004.
  • Junior counsel to Jennie Thelen, advising a university on a breach of contract claim arising from their cancellation of a Bachelor degree course.
  • Advising on auditor liability arising from accounts for a financial institution in the Caribbean.
  • As consultant counsel to the Financial Ombudsman Service, she provided advice on jurisdictional and other matters, for example, in relation to SIPP operators and contractual transfers of business (including transfers of liability under the Financial Services and Markets Act s.234B).
  • As sole counsel, she represented an employer in a claim arising from breach of a contract of employment turning on the oral variation of notice period.

Administrative & Public


Stephanie practises all areas of public and human rights law. She regularly advises both potential claimants and public bodies, and drafts statements of case.

She has particular experience in:

  • Health
  • Court of Protection matters
  • Education and Special Educational Needs
  • Financial services

Recent matters include:

  • Junior counsel to the Infected Blood Inquiry (assisting Jenni Richards QC, Katie Scott and Annabel Lee).
  • Junior counsel to Jenni Richards QC and Peter Mant in the Supreme Court case of PJ v Welsh Ministers [2019] 2 WLR 82 concerning whether the statutory power to impose conditions on a Community Treatment Order (CTO) under the Mental Health Act 1983 can include a deprivation of liberty; and more broadly, whether the framework for CTOs provides practical and effective protection for patients’ rights under the European Convention on Human Rights.
  • Advising on damages claims under the Human Rights Act 1998.
  • As sole counsel she successfully represented the Electoral Commission in a claim for breach of contract and/or breach of statutory duty brought following the rejection of an application to register a political party.  The case involved consideration of the distinction between public and private law.
  • As sole counsel, she acted for a Clinical Commissioning Group in an end of life care Court of Protection case.
  • Represented a local authority in an urgent out of hours application to displace a nearest relative under section 29 of the Mental Health Act 1983.
  • As sole counsel, she acted for a local authority in judicial review proceedings arising from an alleged failure to mediate under s.53 of the Children and Families Act 2014 and an alleged failure to maintain an Education, Health and Care Plan.
  • She regularly appears in the High Court on behalf of the Health and Care Professions Council.
  • As sole counsel, she acted for the Department for Work and Pensions (Child Maintenance Services) in relation to the enforcement action following the failure to pay child maintenance (brought pursuant to s.111A of the Magistrates Courts Act 1980).
  • As sole counsel, she defended the Care Quality Commission’s decision to cancel the registration of a care home in an appeal brought pursuant to section 32 of the Health and Social Care Act 2008.
  • As sole counsel, she successfully defended the Care Quality Commission in multiple judicial review claims brought by an individual Claimant.
  • As consultant counsel to the Financial Ombudsman Service, she provided advice on jurisdictional and other matters, for example, in relation to SIPP operators and contractual transfers of business (including transfers of liability under the Financial Services and Markets Act s.234B).
  • She was also previously seconded to the Care Quality Commission where she advised Inspectors on the Commission’s criminal enforcement powers and advised on judicial review challenges.
  • Assisting a confidential child sexual abuse investigation.

Other Human Rights Work

Stephanie has always had a keen interest in human rights work, particularly in the health sector. She regularly delivers training and advises on possible private law claims under the Human Rights Act.  She worked for the Global Alliance for Improved Nutrition (GAIN) in Geneva in 2010, as part of a programme with the World Health Organisation. Whilst there she developed a strategy for school feeding.  She also represented GAIN as part of the Amsterdam Initiative against Malnutrition in Kenya.

In 2014, Stephanie undertook an internship at the African Prisons Project in Kampala, Uganda. She worked with inmates on the Condemned Section of Luzira Prison teaching the basics of mitigation, following the decision of Attorney General v Susan Kigula & 417 Ors [2009] UGSC 6 (21 January 2009), which found the mandatory death penalty unconstitutional.

Civil Liability


Stephanie is currently junior counsel to William Norris QC advising a client on various matters arising out of the Grenfell Inquiry.

She has a broad civil liability practice spanning from clinical negligence and personal injury matters to property-based torts. She also advises on Human Rights Act claims in the context of private law actions.

She regularly appears in the County Court. She has experience of various types of hearings including applications from relief from sanctions, specific disclosure, and costs and case management hearings. She also undertakes both drafting and advisory work.

Environmental & Planning


Stephanie practises in all areas of planning and environmental law.  She has also given talks on environmental justice, air quality and other related matters.

Recent matters include:

  • Junior counsel to Nigel Pleming QC, Stephen Tromans QC, Ben Jaffey QC and Catherine Dobson in one of the largest public law environmental challenges: R (London Borough of Hillingdon and others) v Secretary of State for Transport [2019] EWHC 1070 (Admin)). The claim concerned the proposed third runway at Heathrow. She was instructed by the Mayor of London,Greenpeace and five local authorities.
  • Junior counsel to Stephen Tromans QC advising a Scandinavian company on water pollution offences under the Environmental Protection Act 1990 and related regulations; and the approach under English law to sentencing of environmental offences, in the context of pollution of the sea.
  • Junior counsel to Daniel Stedman-Jones in successfully defending the decision of Milton Keynes Council to refuse planning permission for up to 250 houses at Linford Lakes in the open countryside, in an area rich in biodiversity and hosting a local nature reserve (APP/Y0435/W/17/3175391).
  • As sole counsel, she advised on a judicial review challenge to a reserved matters decision on the grounds inter alia of the local planning authority’s failure to properly assess the air quality impacts of the development, particularly on an air quality management area.
  • As junior counsel to Daniel Stedman-Jones advising a local authority on the merits of a fly-tipping prosecution, as well as on practice and procedure.
  • As sole counsel, she successfully resisted an application for judicial review brought on the ground inter alia of an alleged breach of Article 15 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
  • Advising on an appeal of an enforcement notice in relation to alleged breaches of condition at a wood waste recycling plant.
  • Advising on whether a former cowshed on agricultural land constituted a “building” for the purposes of the Town and Country Planning (General Permitted Development) (England) Order 2015/596.
  • Obtaining entry warrants for Environmental Health Officers.

Clinical Negligence


Stephanie regularly appears in the County Court and before Masters in the Queen’s Bench Division. She has experience of various types of hearings, including costs and case management hearings, applications to strike out claims and applications for pre-action and specific disclosure.

She also has experience drafting clinical negligence pleadings for NHS Resolution. She has represented individual members of the Medical Protection Society and the Medical Defence Union as well as the emergency services.

She has a particular interest in the law on informed consent and Human Rights Act claims.

Regulatory & Disciplinary


Stephanie has broad experience of regulatory and disciplinary work, including in the health, sport, financial services, and aviation sectors.

  • She is regularly instructed by athletes in anti-doping proceedings; and is expanding her practice to other areas of sports arbitration.
  • She provides ad hoc legal advice to the Office for Students, the regulator of universities.
  • She has a certificate in sports arbitration following her successful completion of the intensive sports arbitration course at the Asian International Arbitration Centre in Kuala Lumpur.
  • She is on the Sport Resolutions Pro Bono Panel and is involved in the National Safeguarding Pilot with a number of National Governing Bodies.
  • She is gaining experience of various sports regulatory bodies and tribunals by assisting arbitrators for Sport Resolution and The FA regulatory commissions. She regularly writes on the practice area.
  • She was seconded to the Litigation, Inquests and Prosecution Team at the Care Quality Commission.
  • She was in-house counsel at the Financial Ombudsman Service on a consultancy basis.

Financial Services


Stephanie is developing a practice in the financial services; and has a particular interest in financial regulation.  She was consultant counsel to the Financial Ombudsman Service, where she provided advice on jurisdictional and other matters, such as SIPP operators, contractual transfers of business (including transfers of liability under the Financial Services and Markets Act s.234B). She was also instructed as junior counsel to James Strachan QC in responding to an appeal brought by Berkeley Burke SIPP Administration Ltd, challenging the decision of Jacobs J ([2018] EWHC 2878 (Admin)), which considered the regulatory duties on Self-Invested Personal Pensions (“SIPP”) provider and administrator.

Health


Stephanie has broad experience of the health sector spanning both public (including the Court of Protection) and private law.  She appears regularly for the emergency services, individual medical practitioners, clinical commissioning groups, the Official Solicitor and trusts.  She was seconded to the Care Quality Commission where she advised on judicial review proceedings and criminal enforcement powers.  She was junior counsel on the Infected Blood Inquiry (assisting Jenni Richards QC, Katie Scott and Annabel Lee).

Stephanie was junior counsel to Jenni Richards QC and Peter Mant in the Supreme Court case of PJ v Welsh Ministers [2019] 2 WLR 82 concerning whether the statutory power to impose conditions on a Community Treatment Order (CTO) under the Mental Health Act 1983 can include a deprivation of liberty; and more broadly, whether the framework for CTOs provides practical and effective protection for patients’ rights under the European Convention on Human Rights.

She has a particular interest in the law on informed consent and duties of care arising in genetic medicine. She has delivered training and advised on damages claims under the Human Rights Act 1998.

Energy


Stephanie is developing a practice in the energy (including green energy) sector. She was junior counsel to assisting Sean Wilken QC, Adam Robb QC and Stephen Kosmin in Seadrill Ghana Operations Ltd v Tullow Ghana Ltd [2018] EWHC 1640 (Comm), considering whether a provisional measure issued by ITLOS in Case No 23 between Ghana and Côte d’Ivoire was a force majeure within the contract for a deepwater drilling unit.

Aviation


Stephanie has a particular interest in all matters affecting the aviation industry:

  • Junior counsel to Nigel Pleming QC, Stephen Tromans QC, Ben Jaffey QC and Catherine Dobson in one of the largest public law challenges: R (London Borough of Hillingdon and others) v Secretary of State for Transport [2019] EWHC 1070 (Admin) 2017] EWHC 121 (Admin). The claim concerned the proposed third runway at Heathrow. She is also instructed on the appeal.
  • As sole counsel, represented an airline in defending a claim brought under Convention for the Unification of Certain Rules for International Carriage by Air, 28 May 1999 and Regulation (EC) No 261/2004.
  • Advising on the interpretation of Civil Aviation Authority guidance on hydraulic hoses, within the domestic and EU regulatory scheme.

Representing an airline following a personal injury to an employee sustained by ice forming in the aircraft hold.

Education


Stephanie has experience of school exclusions and special educational needs.  She has acted pro bono through IPSEA and the City University and Matrix Chambers’ School Exclusion Project. She provides ad hoc legal advice to the Office for Students, the regulator of universities.

She was junior counsel to Jennie Thelen advising a university on a breach of contract claiming arising from their cancellation of a Bachelor degree course.

Sport


Stephanie has a developing practice in sports law. She is on the Sport Resolutions Pro Bono Panel and is involved in the National Safeguarding Pilot assisting a number of National Governing Bodies. Recent highlights include:

  • Representing an Olympic gold medallist in anti-doping proceedings.
  • Drafting successful responses on behalf of two athletes in relation to doping allegations: one served with notice by UK Anti-Doping (UKAD) of an apparent Domestic Testing Pool filing failure and the other, who had been designated for inclusion in the UKAD National Registered Testing Pool, concerning an allegation of missed test
  • Being selected to be part of an ad hoc panel providing advice and representation to athletes and officials at the 2019 Doha World Athletics Championships.

She is gaining experience of various sports regulatory bodies and tribunals by assisting arbitrators for Sport Resolution and The FA regulatory commissions. She regularly writes on the practice area.

She has a certificate in sports arbitration following her successful completion of the intensive sports arbitration course at the Asian International Arbitration Centre in Kuala Lumpur.

Call +44 (0)20 7832 1111 for more information

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