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Dana McGibbon
Year of call: 2024
Dana holds an undergraduate law degree and Masters (BCL) from the University of Oxford, in which she obtained First Class Honours and a Distinction respectively. She was awarded various scholarships during her studies, most notably the Roche Scholarship to fund her studies on the BCL and a Queen Mother Scholarship (Middle Temple) to fund her Bar Course.
Prior to pupillage, Dana worked for a year as a research assistant at Brick Court Chambers. She assisted with a range of public law and commercial law matters, including the judicial review of the Rwanda removals policy, and a £150m professional negligence claim. She also completed an internship at the Business and Human Rights Resource Centre, as a student fellow of the Bonavero Institute of Human Rights.
Dana is a non-stipendiary lecturer in Tort law at New College, Oxford. She has previously taught Land law at New College and at UCL.
Areas of expertise
Administrative and Public
During the public law seat of her pupillage, Dana was supervised by Colin Thomann KC, Steve Broach KC, and Nicola Kohn. Her training included exposure to a wide range of public and administrative law matters including immigration, education and community care cases. Her work during pupillage included assisting with:
- Advising on limitation issues in relation to an ab ante challenge to primary legislation.
- Drafting grounds of objection to the Supreme Court in an appeal under Article 8 ECHR concerning a refusal of entry clearance to the UK.
- Advising an Integrated Care Board on the scope of “essential services” under the Standard General Medical Services Contract.
- Drafting a Statement of Facts and Grounds in the judicial review of an Integrated Care Board’s decision to reduce a child’s NHS Continuing Care package.
- Drafting grounds of appeal to the Upper Tribunal against the First Tier-Tribunal’s decision to prohibit publication of its judgment in an education discrimination case.
- Drafting grounds of resistance to a challenge against a local authority’s decision to reduce a care package.
- Drafting a skeleton argument in an appeal to the Special Immigration Appeals Commission concerning the grant of naturalisation.
- Drafting grounds of resistance to a challenge against the decision to certify an Article 8 ECHR claim as clearly unfounded under the Nationality, Immigration and Asylum Act 2002.
Planning and Environment
During the planning and environment seat of pupillage, Dana was supervised by Ned Helme and Daniel-Stedman Jones and gained experience on a range of matters, including:
- Assisting Daniel Stedman-Jones (representing a Rule 6 party) with an inquiry into DHL’s proposals for a large logistics development in Towcester.
- Advising on issues related to flood risk and sequential assessments.
- Conducting legal research to assist Ned Helme with a complex advice on the Habitats Regulations.
- Drafting a Reply to grounds of resistance in a judicial review concerning the Community Infrastructure Levy Regulations.
- Drafting a skeleton argument in a statutory challenge concerning the width of a highway.
- Advising on a proposed development in the grey belt in the light of the updated National Planning Policy Framework.
Commercial, Construction and Property
Dana was supervised by David Sawtell and David Hopkins during her commercial, construction and property seat. She gained experience in a variety of commercial, construction and property matters, including:
- Drafting pleadings in a range of commercial matters, such as Particulars of Claim in a private nuisance action and in an action against a bank alleging breach of its Quincecare duty of care.
- Conducting legal research for David Sawtell on the interaction between the Building Regulations and the Electronic Communications Code.
- Advising on liability in the tort of deceit arising from alleged misrepresentations made about cladding products.
- Advising on liability for pre-contractual representations in a commercial dispute.
- Drafting a skeleton argument resisting the grant of permission to appeal an arbitral award under s69 of the Arbitration Act 1996.
Civil Liability
During the civil liability seat of her pupillage, Dana was supervised by Emma Corkill and Daniel Laking. Her experiences spanned personal injury, clinical negligence and costs, including:
- Conducting legal research for Judith Ayling KC to assist with advice on duty of care and scope of duty in a complex pre-natal treatment case.
- Drafting schedules and counter-schedules in personal injury and fatal accident cases.
- Drafting pleadings in relation to road traffic accidents, occupiers’ liability and personal injury at work cases.
- Advising on costs applications, including an application for interim payment on account of costs in a high-value ongoing clinical negligence claim.