Gemma Daly > Doughty Street Chambers > London, England > Barrister Profile

Gemma Daly

020 7404 1313 g.daly@doughtystreet.co.uk View profile

Work Department

Position

Gemma specialises in mental capacity and mental health law, inquests & inquiries, and public law.

Gemma specialises in cases involving mental capacity and mental health issues. In addition to her practice in mental capacity and mental health law, Gemma practises in public law with particular expertise in social welfare matters, and acts in inquests and inquiries.

Gemma regularly appears in the Court of Protection, acting for litigation friends including the Official Solicitor, local authorities, and family members. She has experience of complex welfare matters under s.16 of the Mental Capacity Act 2005, contested deputyship applications, and regularly represents parties involved in challenges to deprivations of liberty in care homes and hospitals under section 21A, having appeared before all tiers of Court of Protection judges.

Gemma has represented patients detained under sections 2 and 3 of the Mental Health Act 1983, and advised in cases involving the complex interaction between the Mental Health Act 1983 and the Mental Capacity Act 2005. Gemma also represents parties involved in proceedings under the Mental Health Act outside of the Tribunal setting, including displacements of nearest relatives, as well as representing bereaved families at mental health-related inquests.

She has experience advising on discrimination, harassment, and victimisation under the Equality Act 2010. Gemma is appointed to the Equality and Human Rights Commission panel of counsel.

Gemma has worked with a number of senior members of Chambers on a broad range of human rights issues, including a challenge to the prohibition of same-sex marriage in a British Overseas Territory, challenges to criminal proceedings and detention in Trinidad & Tobago, and domestic matters where discrimination issues have arisen.

Prior to being called to the Bar, Gemma provided specialist welfare benefits advice and representation at the First-tier and Upper Tribunals on behalf of Macmillan Cancer Support and Citizens Advice, and the Free Representation Unit, as well as representing clients pro bono in Employment Tribunal claims. Gemma continues to provide representation on a pro bono basis in complex benefits cases, as well as training FRU’s volunteers and spent a number of years on FRU’s Management Committee.

Gemma is licenced under the Direct Access Scheme and can accept instructions directly in appropriate cases across all aspects of her practice.

Education

LLB 1st class honours, University of Bristol with study abroad at the Università degli Studi di Siena.
LLM Distinction, SOAS, University of London.
BPTC Outstanding, BPP University