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: planning and environmental law; public law and human rights (particularly in Court of Protection and health-related matters); commercial and construction; and clinical negligence and civil liability.   She also has an interest in sports law and is keen to develop a practice in that area.

Stephanie appears frequently in court (including the Court of Protection and various tribunals) and regularly undertakes pleading and advisory work.

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

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.

Recent matters include:

  • 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 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.
  • Junior counsel assisting John Tackaberry QC for a Contractor in a dispute arising from an unlawful early termination of a construction 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 provides 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.

Stephanie was supervised by Karim Ghaly QC and Adam Robb QC during pupillage, and:

  • Considered the interpretation of income-sharing provisions in a Project Agreement for a Private Finance Initiative (PFI).
  • Advised on the merits of a claim in negligence, notwithstanding a complex contractual structure between the parties.
  • Advised on costs and charges arising under a Project Agreement in the health sector.
  • Advised on whether credit needed to be given for sums paid under a Contractors’ All Risk insurance policy, following the collapse of a building.
  • Advised on the allocation of risk in relation to piling design under a JCT Standard Building Contract and compliance with the notice requirements in relation to various extensions of time.

Administrative & Public


Stephanie practises all areas of public and human rights law.  She was awarded the prize for the best mark in Human Rights on the LLM Programme at the London School of Economics and Political Sciences.

She is junior counsel to the Infected Blood Inquiry (assisting Jenni Richards QC, Katie Scott and Annabel Lee).

She has particular experience in:

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

Recent matters include:

  • As sole counsel for 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.
  • 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.
  • 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 provides 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 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.

During pupillage, Stephanie assisted Kate Grange QC and Robert Lazarus by:

  • Drafting a Skeleton Argument in R (on the application of Privacy International) v Investigatory Powers Tribunal, which concerned whether s.67(8) of the Regulation of Investigatory Powers Act 2000 ousted the supervisory jurisdiction of the High Court, meaning that decisions of the Investigatory Powers Tribunal were not amenable to judicial review.
  • Drafting the witness statement for a Registrant in proceedings before the Health and Care Professions Council.
  • Researching the meaning of “private information” considering, in particular, the case law under Article 8 of the European Convention on Human Rights.
  • Researching the lawfulness of an exclusion decision where, prior to the individual waiving his rights to challenge any steps to deport to him, the Secretary of State failed to inform him that should he waive such rights, she reserved the right to make an exclusion decision against him.

Other Human Rights Work

Stephanie has always had a keen interest in human rights work, particularly in the health sector.  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.

In 2011, she worked with Education Partnerships Africa making strategic investments in the infrastructure in two secondary schools in Kisii, Kenya.

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 personal injury matters to property-based torts. 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.

During pupillage, she assisted Judith Ayling and Emily Formby on a number of matters, including:

  • Drafting the Skeleton Argument for an application for both pre-action and specific disclosure, as well as an extension of time for the service of the Particulars of Claim
  • Researching the rule in Durham County Council v Dunn [2012] EWCA Civ 1654 in the context of historic child abuse
  • Researching whether a Local Authority owes a duty of care to a biological child where there are allegations of historic sexual abuse and the Local Authority has already admitted liability with respect to foster children placed with the family
  • Researching whether there is a civil tort “not to provide false information”
  • Researching whether a claim for false imprisonment can be brought, notwithstanding the initial arrest being lawful
  • Researching the costs consequences of a Part 36 offer on liability in a split trial

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 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.

Stephanie assisted Andrew Tabachnik QC during pupillage on a number of cases, including:

  • Advising on whether a change in the use of certain land would constitute a material change of use requiring planning permission.
  • Advising on the lawful implementation of planning permission in relation to a complex development.
  • Advising on the application of the principle arising from R v Warwickshire County Council ex p Powergen plc [1998] 75 P&CR 89.
  • Drafting the Skeleton Argument on behalf of the Second Interested Party in Persimmon Homes (North East) Limited v Newcastle City Council [2017] EWHC 688, which concerned three applications for judicial review in relation to the Callerton Masterplan and the grant of planning permission for two developments.
  • Researching certificates of ownership and the effect on the validity of an application for planning permission (Main v Swansea City Council (1985) 49 P. & C.R and subsequent authorities).

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 the NHS Resolution.  She has represented individual members of the Medical Protection Society and the emergency services.

She has a particular interest in the law on informed consent and genetic medicine.

During pupillage, she assisted Judith Ayling and Emily Formby in a number of matters, including:

  • Advising on the merits of claim where there are successive tortfeasors (applying Wright v Cambridge Medical Group [2011] EWCA Civ 669; [2013] QB 312).
  • Drafting a Letter of Response in accordance with the Pre-Action Protocol for the Resolution of Clinical Disputes.
  • Researching whether the Supreme Court can impliedly overrule its previous decision in relation to a case concerning the defence of illegality where the Claimant had committed manslaughter.
  • Researching how legal aid would affect the settlement of a clinical negligence claim.

Regulatory & Disciplinary


Stephanie has broad experience of regulatory and disciplinary work, including the health, financial services and aviation sectors. She was seconded to the Litigation, Inquests and Prosecution Team at the Care Quality Commission.  She is currently in-house counsel at the Financial Ombudsman Service on a consultancy basis.

Stephanie gained exposure to regulatory and disciplinary matters during pupillage, including:

  • Drafting a witness statement for a Registrant for proceedings before the Health and Care Professions Council.
  • Carrying out research in relation to disciplinary proceedings brought by the Solicitors Regulation Authority against two solicitors who, it was alleged, had failed to carry out reasonable enquiries into the risk posed by certain investment fund managers.

Financial Services


Stephanie is developing a practice in the financial services.  She is consultant counsel to the Financial Ombudsman Service, where she provides 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).

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 is junior counsel on the Infected Blood Inquiry (assisting Jenni Richards QC, Katie Scott and Annabel Lee).

She has a particular interest in the law on informed consent and duties of care arising in genetic medicine.

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:

  • 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 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 is developing a practice in sports law and has assisted William Norris QC in civil litigation and arbitration work.

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

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email

3