Gemma McGungle

Year of Call: 2011


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  • 'Her knowledge of procedures, as well as her ability to absorb complicated medical information and then provide practical advice, makes her a counsel I can depend upon.'

    'I have confidence that she can get to the issues in the case quickly and confidently.'

    'Gemma is a really good barrister.'

    Chambers and Partners (2024) - Clinical Negligence
  • Gemma is a fearless advocate - experienced and robust. She is articulate and always well prepared.
    Tier 1

    The Legal 500 (2024) - Costs
  • Gemma quickly grasps the issues in a case and assimilates large pieces of evidence to provide clear and effective advice on the issues. She understands the litigation process and ensures her advice is practical.

    The Legal 500 (2024) - Clinical Negligence
  • “Gemma is exceptionally good with clients.”

    “Gemma gives clear and effective advice and is able to process and distil large volumes of information.”

    Chambers and Partners (2023) - Clinical Negligence
  • ‘Gemma has a very sound knowledge of the issue of Costs Law generally and has exceptional knowledge on Solicitor Client matters. She is a very able barrister who will give straight advice without too much hesitation.’

    The Legal 500 (2023) - Costs
  • 'Gemma is very approachable and put clients at ease when meeting them in person. They capably assimilate substantial information and from this are able to identify clearly the issues in the case. Their advice is detailed without being too wordy and clear, leaving no ambiguity over their views or the reasons for this, which is invaluable to an instructing solicitor. They are always willing to discuss the case and genuinely interested in their instructing solicitor’s views and experience of the case or clients.'

    The Legal 500 (2023) - Clinical Negligence
  • "Approachable and extremely thorough in her approach to cases. She has excellent client care and communication skills, putting clients at ease when in conference."

    Chambers & Partners (2022)
  • "She provides sensible and straightforward advice and is reassuring."

    Chambers & Partners (2022)
  • "Gemma is very good with clients, reassuring but clear when there are risks in a case. Gemma is particularly strong in mediation and has assisted a number of clients to a mediated settlement avoiding the risk and additional stress of trial."

    The Legal 500 (2022)
  • 'Friendly and good with clients, particularly witnesses.'

    The Legal 500 (2021)
  • 'Excellent at thinking on her feet and adapting to those unexpected things that tend to happen at trial.’

    The Legal 500 (2021)

Education

The University of Manchester (Politics and International Relations: First Class)
BPP Law School (Graduate Diploma in Law)
Manchester Metropolitan University (Bar Professional Training Course)
Safford Award, Middle Temple


Professional Memberships

PIBA
APIL
Northern Circuit of the Bar


  • 'Her knowledge of procedures, as well as her ability to absorb complicated medical information and then provide practical advice, makes her a counsel I can depend upon.'

    'I have confidence that she can get to the issues in the case quickly and confidently.'

    'Gemma is a really good barrister.'

    Chambers and Partners (2024) - Clinical Negligence
  • Gemma is a fearless advocate - experienced and robust. She is articulate and always well prepared.
    Tier 1

    The Legal 500 (2024) - Costs
  • Gemma quickly grasps the issues in a case and assimilates large pieces of evidence to provide clear and effective advice on the issues. She understands the litigation process and ensures her advice is practical.

    The Legal 500 (2024) - Clinical Negligence
  • “Gemma is exceptionally good with clients.”

    “Gemma gives clear and effective advice and is able to process and distil large volumes of information.”

    Chambers and Partners (2023) - Clinical Negligence
  • ‘Gemma has a very sound knowledge of the issue of Costs Law generally and has exceptional knowledge on Solicitor Client matters. She is a very able barrister who will give straight advice without too much hesitation.’

    The Legal 500 (2023) - Costs
  • 'Gemma is very approachable and put clients at ease when meeting them in person. They capably assimilate substantial information and from this are able to identify clearly the issues in the case. Their advice is detailed without being too wordy and clear, leaving no ambiguity over their views or the reasons for this, which is invaluable to an instructing solicitor. They are always willing to discuss the case and genuinely interested in their instructing solicitor’s views and experience of the case or clients.'

    The Legal 500 (2023) - Clinical Negligence
  • "Approachable and extremely thorough in her approach to cases. She has excellent client care and communication skills, putting clients at ease when in conference."

    Chambers & Partners (2022)
  • "She provides sensible and straightforward advice and is reassuring."

    Chambers & Partners (2022)
  • "Gemma is very good with clients, reassuring but clear when there are risks in a case. Gemma is particularly strong in mediation and has assisted a number of clients to a mediated settlement avoiding the risk and additional stress of trial."

    The Legal 500 (2022)
  • 'Friendly and good with clients, particularly witnesses.'

    The Legal 500 (2021)
  • 'Excellent at thinking on her feet and adapting to those unexpected things that tend to happen at trial.’

    The Legal 500 (2021)

As her practice has developed, Gemma has found that the majority of her instructions are now in fields of clinical negligence and costs. Whilst she continues to act in personal injury matters, her practice has developed to such an extent that she is instructed in higher value PI and serious injury cases. She also has an increasing interest in Court of Protection work; not least given the overlap between her specialisms, and is regularly instructed in inquests with and without a jury.

In respect of costs (having previously worked as a costs draftsman), she regularly drafts (Points of Dispute, Replies and Costs Budgets), advises on points of principle and attends interim applications and Provisional and Detailed Assessment Hearings. She often represents parties at Costs Management hearings of significant value and frequently appears at the Senior Courts Costs Office.

In the majority of the clinical negligence cases in which she is instructed, she often finds herself instructed against much more senior counsel. The claims she is instructed on are generally high value and complex. Gemma is known by both her professional and lay clients for her approachable style, whilst being able to understand the complexities involved in the cases in which she is instructed. Her approachability and understanding are key to her being able to work alongside experts at the top of their field and in securing her clients the best possible settlements.

In clinical negligence Gemma works primarily for Claimants, whilst the rest of her practice sees her split between parties.

View Notable Cases

READ MORE

DJ v – WMI – Substantial settlement following JSM in a claim where causation was hotly disputed.

LB v LHCH – Pleaded post Montgomery v Lanarkshire Health Board. Settlement in a claim where the failure to counsel on “material risks” would previously have been considered “Bolam” defensible.

GL v BCUHT – Article 2 Inquest with a Jury where it was established that inadequate staffing, communication, policy and procedure in a dementia ward probably contributed to the death of the Deceased. {BBC Report}

Sample Ongoing Clinical Negligence Cases

• Delayed treatment leading to loss of sight; liability admitted; quantum pending.
• Child born with significant deformity as a result of failure to adequately consider sonogram
• Brain injury to child as a result of failure to treat mother for appendicitis leading to premature birth
• Delayed diagnosis of cancer leading to premature death
• Delayed diagnosis of vascular disease resulting in over the knee amputation
• Multiple cases involving surgical negligence leading to life changing injuries
• Multiple cases involving a failure to obtain informed consent
• Multiple cases involving cosmetic surgery

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