Stephanie David

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

Clerks:
+44 (0)20 7832 1111

 

Stephanie David accepts instructions across all areas of Chambers’ work, with a particular interest in planning matters (including environmental offences), commercial, construction disputes, public and human rights law, Court of Protection, clinical negligence and personal injury matters.

Stephanie makes regular court appearances, undertakes pleading and advisory work and has a broad experience of drafting pleadings, witness statements and other core documents.

Prior to coming to the Bar, Stephanie worked for just shy of two years at top tier law firm, Leigh Day, on litigation relating to judicial pensions (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


Stephanie gained exposure to a number of commercial issues during pupillage, including:

  • Considering the interpretation of income-sharing provisions in a Project Agreement for a Private Finance Initiative
  • Drafting an advice on the merits of  a claim in negligence notwithstanding a complex contractual structure between the parties
  • Drafting an advice in relation costs and charges arising under a Project Agreement in the health sector

Stephanie is currently assisting Sean Wilken QC, Adam Robb and Stephen Kosmin in a multi-million pound dispute arising from a contract for an oil rig in the context of a maritime border dispute.

She also 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.

Construction


Stephanie assisted on a number of construction issues during pupillage, including:

  • Drafting an advice in relation to whether credit needed to be given for sums paid under a Contractors All Risk insurance policy, following the collapse of a building
  • Considering 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 has been instructed to draft the grounds for, and advise on, applications in the Court of Protection, particularly in relation to Deprivation of Liberty Safeguards. She has also researched the most appropriate forum for challenging immigration decisions where the English courts have concurrent jurisdiction to courts elsewhere.

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.

Education

Stephanie has advised on Special Educational Needs, disability discrimination and school exclusion matters, particularly in relation to appeals challenging the contents of Statements and Education, Health and Care Plans.

Environmental & Planning


Stephanie has been instructed to advise on a range of matters, including enforcement notices, environmental offences (such as fly-tipping), and applications for planning statutory review. She has also appeared before the Magistrates Court to obtain entry warrants on behalf of 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)
  • Researching the changes to the costs regime in relation to Aarhus Convention claims
  • Researching amendments to applications for planning permission and duplicate applications
  • Researching whether an Appellant is entitled to an oral renewal of an application for permission to appeal to the Court of Appeal
  • Researching assets of community value and heritage assets.

Personal Injury


Stephanie regularly appears in the County Court. She has experience of various types of hearings arising from road traffic accidents, personal injury claims, and child settlement approval applications. She has also conducted applications to strike out claims and applications for pre-action disclosure.

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

Clinical Negligence


Stephanie regularly appears in the County Court. She has experience of various types of hearings, including child settlement approval applications, applications to strike out claims and applications for pre-action disclosure.

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 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

Inquests


Stephanie is very interested in inquests, having sat with Emily Formby. She is currently seconded on a part-time basis to the Care Quality Commission in the Litigation, Prosecution,  and Inquest team, where she is gaining an invaluable insights into this area of work.

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

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