Lucy McCann

Lucy acts for both claimants and defendants across a wide range of clinical negligence matters. She regularly advises on both liability and quantum, including high value and complex claims, prepares pleadings, conducts conferences, and appears in interlocutory hearings in the high court and county court. Lucy has experience across a range of medical issues, and is developing a particular interest in women’s health, including obstetric and gynaecological claims.

After pupillage, Lucy was seconded to a leading partner in a tier 1 claimant clinical negligence law firm, where she gained experience of high value, complex claims, particularly involving birth injuries and brain injuries.

Lucy contributes to the 1COR Quarterly Medical Law Review (QLMR) and covers clinical negligence matters on Law Pod UK.

Lucy is developing a broad personal injury practice, acting for claimants and defendants across a range of matters including occupiers’ liability, employers’ liability, health and safety, public liability and road traffic accidents. Lucy advises on liability and quantum, and regularly appears in court in multi-track, fast-track and small claims personal injury trials.

Lucy is keen to develop her practice in representing survivors of abuse and neglect.

Lucy gained experience of complex personal injury litigation, including catastrophic injury, fatal accident and traumatic brain injury claims under the supervision of Shahram Sharghy.

Lucy accepts instructions across a full range of public law and human rights issues for both claimants and public bodies.

Lucy has a particular interest in public healthcare matters. Lucy was recently led by Philip Havers KC in the High Court and Court of Appeal, representing an online pharmacy in judicial review proceedings against the CQC. Prior to pupillage Lucy provided research assistance in relation to a wide variety of public law cases, including Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin), which considered whether the Mental Health Act 1983 allowed for remote examinations of patients (read more here).

Lucy is instructed on a range of immigration and asylum matters, including asylum appeals, deportation appeals, unlawful detention claims, judicial review proceedings relating to asylum accommodation and claims, and the Windrush compensation scheme. Lucy has appeared in the first tier tribunal and the upper tribunal. Lucy acts for both claimants and the state.

During pupillage, Lucy worked on a range of judicial review matters. Lucy also has academic experience in public law: prior to pupillage Lucy edited OUP’s practitioner text, Judicial Review: Principles and Procedure (2nd ed forthcoming) and was a visiting lecturer in public law at City Law School.

Lucy is a member of the Attorney General’s ‘Junior Junior’ panel.

Lucy is currently instructed in the Covid-19 Inquiry by the Government Legal Department, representing the Government Office for Science and the former and current Government Chief Scientific Advisers, Sir Patrick Vallance and Professor Dame Angela McLean.

Lucy gained experience of public inquiries, including the Manchester Arena Inquiry, the Post Office Horizon IT Inquiry, and the Infected Blood Inquiry, during pupillage under the supervision of Matthew Hill and Alasdair Henderson.

Lucy has acted as sole counsel in a number of inquests, on behalf of families, state bodies, and NHS Trusts. These have included multi-day inquests, those heard before a jury, and those engaging Article 2 of the ECHR.

Lucy is the co-author of a chapter in the forthcoming second edition of The Inquest Book: The Law of Coroners and Inquests: Inquests Concerning Mental Health and Capacity (with Michael Deacon).

Selected Cases

• Inquest into the death of OD: represented the family in a two-week prison inquest. The jury concluded that OD died by suicide with a finding of neglect. Their narrative conclusion identified failures on the part of the primary healthcare provider, the NHS Trust responsible for mental healthcare, and prison staff. The Coroner issued a PFD report to the NHS Trust.

• Inquest into the death of AB: represented a local authority in a week long inquest concerning a self-inflicted death in a specialist mental health residential placement.

• Inquest into the death of AB: acted pro-bono in a week long inquest for the family of a teenager who died by suicide in a residential care home. The Coroner issued a PFD report to the company that ran the care home, identifying seven areas of concern.

Lucy is keen to develop her practice in environmental law. Lucy recently appeared successfully, pro bono, on behalf of a local residents’ society in a complex five day planning inquiry examining a proposal to build 80 flats on a site which has been used as allotments for over 100 years in Isleworth, West London. Lucy and Rajkiran Arhestey were nominated for an Advocate pro bono award for their work. Read more about the inquiry here.

Lucy accepts instructions in claims involving equality and discrimination law. Lucy has particular expertise in claims involving discrimination issues, especially those affecting the LGBTQ+ community.