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Hendersons - Barristers' Chambers

Lucy McCormick

“Has all the requisites one would expect of a top-class advocate….Poised, meticulously prepared and persuasive on her feet”

Legal 500 2020


Call
2008

Lucy is a commercial barrister with a particular emphasis on product liability, property damage, property and related areas. In 2019, she appeared as one of The Lawyer’s Top 10 busiest female juniors in the Commercial Court. Lucy was profiled by New Law Journal as a ‘Mover and Shaker’ when she moved to Henderson Chambers in 2014.

Much of Lucy’s practice concerns mass torts and group actions. She has a strategic understanding of the process of obtaining (or resisting) Group Litigation Orders, and the structure and management of multi-party cases. Lucy is also skilled at navigating the reputational issues which such matters often raise. She is a contributor to the leading practitioner text, Hodge on Multi-Party Actions (2nd ed) (OUP, forthcoming 2020).

Lucy is particularly well known for her expertise in matters with a technology element. She is presently acting in the VW NOx Emissions Group Litigation, concerning the allegation that “defeat device” software has been installed in certain vehicles’ engines. She is a contributor to The Law of Artificial Intelligence (1st ed) (Thomson Reuters; forthcoming 2020), The Law and Autonomous Vehicles (1st ed) (Routledge; 2019), and An Introduction to Technology Law (1st ed) (Lexis Nexis; 2018). Lucy is on the Consulting Editorial Board for Lexis Nexis Technology Media and Telecoms content and was a finalist for the 2017 CogX Artificial Intelligence Award for Industry Analysis.

Prior to starting practice, Lucy served as Judicial Assistant to Mummery LJ in the Court of Appeal. She also spent several months assisting the Financial Markets Law Committee at the Bank of England. In 2014/15, she was seconded to HSBC to work on the FCA’s Interest Rate Hedging Product Review. Since 2016, Lucy has been one of the Attorney General’s ‘C’ Panel of Junior Counsel to the Crown, advising and litigating for HM Government in her areas of specialism.

For a number of years, she has been recommended as a leading barrister by the Legal 500. She has been described by fellow professionals as “A strong and formidable advocate… gains early command of the facts and has a calm, reasoned manner.” (Legal 500 2017). And as having “Great determination and an understanding of the nuances of complex areas…She has an acute sensitivity to strategising.” (Legal 500 2018). In the most recent edition, she is described as having “all the requisites one would expect of a top-class advocate….Poised, meticulously prepared and persuasive on her feet” (Legal 500 2019).

Lucy appears at courts and tribunals at all levels and is equally at home as sole advocate or as a member of a team. She also has extensive experience in representing clients at mediation and other forms of ADR.

 

Expertise


Product Liability

Lucy undertakes a variety of product liability and mass torts work, with particular expertise in the automotive and healthcare sectors.

A substantial part of Lucy’s practice concerns group actions or other multi-party litigation. She has extensive experience in the procedure, tactics and reputational issues such cases raise, and is a contributor to the leading practitioner text, Hodge on Multi-Party Actions (2nd ed) (OUP, forthcoming 2020).

Lucy is a leading expert in the product liability aspects of Advanced Driver Assistance Systems (ADAS) and Connected and Autonomous Vehicles (CAVs). She is a co-author of The Law and Autonomous Vehicles (1st ed) (Routledge, 2019). She lectures nationally and internationally, with recent engagements including the European Robotics Forum, the Future of Transportation World Congress, the Society for Computers and Law, the British Vehicle Rental and Leasing Association, and the Government Legal Department.

Lucy is a regular participant in BIICL’s Product Liability Forum.

Representative cases

grid list
  • VW NOx Emissions Group Litigation

    Instructed on behalf of Volkswagen (both UK entities and foreign manufacturing entities) in relation to claims arising from vehicle emissions testing.

  • Re Willenhall Town Gas Works

    Instructed (as sole junior to Charles Gibson QC) in this matter in which it is alleged that residents of a housing estate built on the site of the former gas works sustained personal injuries due to environmental contamination.

  • Metal-on-Metal Hips litigation

    Instructed as part of a team by a prominent manufacturer.

  • G v B (parties confidential)

    Advised the insurers of a major provider of household goods on limitation issues arising out of the CPA 1987.

  • Arnold v Woodteam Limited

    Dispute over the quality of vinyl coating applied in commercial premises in Spain.

  • X v J (parties confidential)

    Advised a leading confectionary manufacturer on causation issues and expert evidence in relation to the breakdown of several items of production line machinery.

Property Damage

Lucy has a busy insurance practice, with a particular focus on property damage. She has extensive experience of acting in multi-party and high value claims arising out of:

• Fire
• Flooding
• Storms
• Subsidence (including tree roots)
• Gas and electricity tampering
• Industrial accidents
• Trees
• Pests
• Corrosion and chemical damage
• Damage to highway infrastructure

Claims of this nature typically involve complex issues that span a number of specialisms. In such cases, Lucy is able to bring to bear her complementary expertise in property law, product liability and mass torts. She is regularly instructed to act on behalf of both claimants and defendants.

Lucy is a member of the British Insurance Law Association (BILA).

Representative cases

grid list
  • T v P (parties confidential)

    Advised on damage to industrial plant during loading of wind farm components.

  • H v O (parties confidential)

    Advised on fire damage arising out of alleged use of a property as a cannabis farm.

  • X v J (parties confidential)

    Advised a leading confectionary manufacturer on causation issues and expert evidence in relation to the breakdown of several items of production line machinery.

  • S v A (parties confidential)

    Advised on a substantial Water Industry Act flooding claim arising out of the failure of a pumping station.

  • Kanahasunderam & Ors v British Gas

    Acted for British Gas in a matter where a gas supply at a commercial property had been disconnected for alleged tampering. Defended substantial claim for business interruption and successfully counterclaimed for value of abstracted gas.

  • Baloun v Central Bedfordshire Council

    Acted for the RTA insurer, establishing at trial that the local council was liable for property damage to a car crushed by a falling branch on a public highway.

Property

Lucy’s practice covers the full spectrum of property law, with a particular emphasis on real property. She is especially known for her expertise in agricultural matters and in parking disputes.

She is recognised by the Legal 500 as a leading junior in Property Litigation, and in the related field of Agriculture.

Her practice includes:

  • Real Property, including adverse possession, boundary disputes, easements, land registration and conveyancing disputes, mortgages, options and rights of pre-emption, overage, rights of light and restrictive covenants.
  • Commercial Property, including break clauses, consents, dilapidations, forfeiture, renewals, and rent reviews.
  • Residential Landlord and Tenant, including enfranchisement, dilapidations and disrepair, possession proceedings, and service charge disputes.
  • Co-ownership and trusts of land

In 2014/15, Lucy was seconded to HSBC as part of the FCA’s review of the alleged mis-selling of interest rate hedging products. Her role focused on assessing a number of claims made by property developers and agricultural businesses for loss of profit. In 2016, she sat on the Estates Committee of Middle Temple. As such, she has valuable practical insight into the property and agricultural sectors.

Lucy is Secretary to the Henderson Chambers Property Group.

Representative cases

grid list
  • T Ltd v S & Ors (parties confidential)

    Dispute concerning an alleged conspiracy between a number of local residents to obstruct a property developer’s access to a shared passageway over which it held a right of way.

  • Ellis v (1) Fitton (2) Newman

    Four-day trial over the beneficial ownership of agricultural land.

  • Radiosite Limited v O’Connor

    Dispute about access to a telecommunications tower, leading to an application for an injunction.

  • F Ltd v X (parties confidential)

    Successful strike out application in an unusual case involving on the one hand a contractual/chancery dispute about mooring rights and on the other allegations of a breach of the Gender Recognition Act 2010 and the Data Protection Act 1998.

  • Whittle v Western Power Distribution Limited

    Dispute concerning placement of electrical/telecoms cables in agricultural land.

  • Trustees of St Mary’s Church House Trust v Bollen

    Claim for possession under the now rarely encountered Rent Act 1977. The matter raised capacity and Equality Act issues and involved cross examination of a vulnerable witness.  Represented the landlord at a number of interim hearings and full day trial.

Commercial

Lucy’s commercial practice is informed by her time at the Financial Markets Law Committee at the Bank of England and on secondment to HSBC. As a result, she has a particular insight into the financial industry and the City. She is also well-known for her work in the automotive sector. While the majority of Lucy’s commercial practice is contentious, she also does purely advisory work.

Particular areas of expertise include:

  • Banking and finance
  • Civil fraud
  • Contractual disputes
  • Consumer law
  • Debt recovery
  • Energy and utilities
  • Insurance disputes
  • Sale of goods issues
  • Technology and telecoms

Lucy is a member of COMBAR.

Representative cases

grid list
  • X v Y (parties confidential)

    Advised a well-known sporting institution as to the effect of an existing contractual agreement and its impact on a new development opportunity.

  • Sekhon & Ors v Khatkar & Ors

    Acted in a 26-handed partnership dispute between black cab drivers.

  • Gibbs Gillespie (a partnership) v (1) Sturch (2) Sturch Estate Agents

    Commission claim: Established that a commonly used clause in the industry was in fact an unenforceable penalty clause, and successfully argued in favour of a novel application of the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008.

  • SMG v (1) Vanchhawng (2) Nakarintrakupt

    Acted in a complex claim by a mortgage broker arising out of a dispute with investors over the re-mortgage of their portfolio.

  • Aktiv Kaptial Portfolio AS Zug Branch v Hackett

    Claim for substantial credit card debt, raising issues of validity of assignment and CCA 1974 s.78 issues. Successful at trial, additionally obtaining rare order under CPR 31.22 for commercially sensitive documentation used at trial to be kept confidential.

Personal Injury, Health & Safety, Inquests

As a member of the Attorney General’s ‘C’ Panel of Junior Counsel to the Crown, Lucy undertakes a substantial amount of personal injury work on behalf of the government, with particular emphasis on multi-track litigation involving Highways England, the Prison Service, and the MOD. In addition, Lucy maintains a busy private practice acting for both claimants and defendants.

She regularly acts in cases involving:

  • Civil assault
  • Credit hire
  • Employer’s liability
  • Health & Safety
  • Highways Act cases
  • Inquests
  • Occupier’s liability
  • Personal injury
  • RTAs (especially those with a technical element arising out of Advanced Driver Assistance Systems or involving HGVs/Buses)

Lucy is regularly involved in cases where a party is a child, lacks capacity or is otherwise vulnerable, and is experienced in the practical and procedural issues this raises. As well as acting in substantive trials, she is particularly sought after for her insight into ‘tricky’ procedural issues.

Lucy is a member of the Health and Safety Lawyers’ Association (HSLA) and the Personal Injuries Bar Association (PIBA).

Representative cases

grid list
  • James Hall & Company Holdings Limited v Highways England Limited

    Acting for the government (as sole counsel) in an action arising out a fatal seven-vehicle motorway collision.The case revolved around various items of motorway technology, including the capabilities of VMS (“Variable Message Signs”), MIDAS (“Motorway Incident Detection and Automatic Signalling”) and ANPR (“Automatic Number Plate Recognition”) systems.

  • Re Gardner Inquest

    Represented a motorist who had inadvertently killed a pedestrian who had run onto a motorway to retrieve luggage which had dislodged from a roof rack.

  • Re Willenhall Town Gas Works

    Instructed (as sole junior to Charles Gibson QC) in this matter where residents of a housing estate built on the site of the former Works alleged personal injuries due to environmental contamination.

  • Jones v Country Pursuits UK

    Successfully defended an occupier’s liability claim arising out of a quad biking accident, in which the alleged breaches of Health and Safety legislation were key.

  • M v Highways England

    Acting in a dispute concerning liability for catastrophic injuries sustained in an RTA at an alleged ‘accident hotspot’.

  • J v R (parties confidential)

    Acting for a claimant with Down’s Syndrome who suffered life-changing injuries when struck by a reversing vehicle as she walked to her local library.

 

What the directories say


"Great determination and an understanding of the nuances of complex areas...She has an acute sensitivity to strategising."
Legal 500 2018

"A strong and formidable advocate... gains early command of the facts and has a calm, reasoned manner."
Legal 500 2017

"Client-friendly, very astute and quick at turning around difficult material."
Legal 500 2016

Instructing Lucy McCormick

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Appointments
  • Junior Counsel to the Crown – C Panel (2016 to 30/04/2022)
  • Advocacy Tutor, Middle Temple (2017 to present)
  • Consulting Editorial Board, Lexis Technology Media and Telecoms (2017 to present)
  • Judicial Assistant to Mummery LJ, Royal Courts of Justice (2008-9)
Publications
  • Contributor to The Law of Artificial Intelligence (1st ed) (Thomson Reuters; forthcoming 2020)
  • Contributor to Hodge on Multi Party Actions (2nd ed) (OUP; forthcoming 2020)
  • Co-author of The Law and Autonomous Vehicles (1st ed) (Routledge; 2019)
  • Contributor to An Introduction to Technology Law (1st ed) (Lexis Nexis; 2018)
  • Researcher for product liability for medicinal products aspects of Powers & Harris Clinical Negligence (5th ed) (Bloomsbury; 2015)

Memberships
  • British Insurance Law Association
  • Commercial Bar Association
  • Health and Safety Lawyers’ Association
  • Personal Injury Bar Association
  • Property Bar Association
  • Society for Computers & Law
Education
  • Bar Vocational Course, ICSL (2007-8) awarded Queen Mother’s Scholarship (BVC), Middle Temple
  • Graduate Diploma in Law, Oxford Brookes (2006-7) awarded Queen Mother’s Scholarship (CPE), Middle Temple
  • Modern History, Somerville College Oxford (First class) (2003-6) awarded Cecil Roth Thesis Prize, Eugene Lee Hamilton Prize, Mary Somerville Prize, Coombs Exhibition
Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

Bar Council Number: 53425

VAT Registration Number: 110 163 968

Legal Status: Barrister

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.

Regulated by the Bar Standards Board.

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