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Lawyers

Siân McGibbon

Siân McGibbon

Position

“Siân is very sharp. She is excellent at using public law principles to craft a winning strategy in difficult cases” (Legal 500, 2023).

Siân is a specialist public law barrister with a busy practice spanning all aspects of administrative, human rights, and local government law, as well as related areas of planning and environmental law.

Siân joined Landmark Chambers in 2023 and has continued to build a busy practice spanning all aspects of administrative, human rights, and local government law, as well as related areas of planning and environmental law. She has extensive experience of working as sole counsel and as part of a team, and has appeared in more than 20 reported cases including five before the Court of Appeal and seven before the Privy Council. She has been ranked as a ‘rising star’ in administrative and human rights law in Legal 500, 2023 and 2024. Directory testimonials recognise her as “an amazing junior” and particularly as “excellent at using public law principles to craft a winning strategy in difficult cases”.

She is direct access qualified and welcomes instructions on this basis in appropriate cases across all her practice areas.

Before coming to the Bar, Siân studied law at Oxford University and worked for the Ministry of Justice as judicial assistant to Lord Justice Hamblen (as he then was) in the Court of Appeal, where she gained insight into the judicial perspective on the court’s day to day work and proceedings. Beyond her practice, Siân maintains a strong academic interest in public law. She is assistant editor of the Judicial Review journal, and is currently completing a PhD at University College London, where her doctoral research complements her practice in public law. Her work is supervised by Professor Richard Rawlings and Dr Michael Veale.

Reported Cases

• R (Webb) v. London Borough of Bromley [2023] EWHC 2091 (Admin) – Siân acted for the London Borough of Bromley, initially as sole counsel (in successfully resisting permission on five of six grounds at the oral renewal hearing) and subsequently alongside Paul Brown KC in successfully defending the substantive claim.

• Peters v. Permanent Secretary [2023] UKPC 23 –  Siân was instructed as junior counsel in this Privy Council appeal against a decision to dismiss an application for judicial review of secondary legislation which restricted access to disability assistance to those with a ‘permanent’ disability.

• Zaman v. London Borough of Waltham Forest [2023] EWCA Civ 322 – Siân acted for the successful appellant, initially as sole counsel (in the county court and in securing permission to appeal to the Court of Appeal), and later as junior counsel alongside Jamie Burton KC. The Court of Appeal ruled that the respondent authority had failed to evidence compliance with its policy when taking the decision to move the appellant and her family 170 miles from their previous home.

• Silochan v. Cedeno [2023] UKPC 5 – Siân acted for the appellant before the Privy Council in this challenge concerning the interpretation and application of the Trinidad and Tobago Town and Country Planning Act.

• R (Campbell) v. Ealing London Borough Council [2023] EWHC 10 (Admin) –  Siân acted as sole counsel for the claimant in this judicial review of the defendant’s breach of duty under Care Act 2014. Siân acted in the successful application to the Court of Appeal and remains instructed in the forthcoming appeal.

• Rowe v. London Borough of Haringey [2022] EWCA Civ 1370 – Siân acted for the appellant initially as sole counsel (in the county court and in securing permission to appeal to the Court of Appeal) and subsequently as led counsel (in the substantive proceedings before the Court of Appeal).

• R (ZOS) v. Secretary of State for the Home Department [2022] EWHC 3567 (Admin) – Siân was sole counsel for the successful claimant in this application for judicial review, and acted in the enforcement proceedings which followed the Secretary of State’s breach of the mandatory order.

• Jogie v. Sealy [2022] UKPC 32 – Siân was junior counsel for the successful appellant in this appeal to the Privy Council concerning the application of the doctrine of relation back and succession rights under Land Tenants (Security of Tenure) Act.

• Solomon v. Solomon [2022] UKPC 34 – Siân was junior counsel for the appellant in this appeal to the Privy Council concerning the powers of the Registrar of the Trinidad and Tobago High Court.

• R (ZLL) v. Secretary of State for Levelling Up, Housing and Communities [2022] EWCA Civ 1059 – Siân was instructed as junior counsel, led by Jamie Burton KC, in this appeal which raised questions of wider importance on the determination of academic appeals and relief in judicial review proceedings.

• Sharaky v. Clearspring Ready Homes [2022] EWHC 2019 (QB) – Siân acted for the claimant, initially as sole counsel in the successful application for interim relief and subsequently as led counsel in the three-day High Court trial. She remains instructed in the subsequent ongoing application to the European Court of Human Rights, led by Toby Vanhegan.

• R (Cort) v. London Borough of Lambeth[2022] EWHC 1085 (Admin) – Siân acted for the successful claimant in this successful application for judicial review of the defendant’s refusal to provide the claimant with accommodation under the national ‘Everyone In’ initiative during the Covid-19 pandemic on the basis of failure to take into account relevant considerations.

• R (ZLL) v. Secretary of State for Housing, Communities, and Local Government[2022] EWHC 85 (Admin) – Siân was instructed as junior counsel for the claimant, led by Jamie Burton KC, in this application for judicial review of the MHCLG’s decision to withdraw the ‘Everyone In’ policy adopted in response to the Covid-19 pandemic and in the successful application to Fordham J for permission to appeal.

• R (BL) v. London Borough of Islington [2021] EWHC 3044 – Siân acted for the London Borough of Islington in resisting the application for permission to seek judicial review and in resolving complex preliminary issues concerning the claimant’s mental capacity.

• Association of Chartered Certified Accountants v. Awodola [2021] EWCA Civ 1635 – Siân appeared unled for the successful respondent, opposite a leading silk, and secured a pro bono costs order of £25,000.00 for the Access to Justice Foundation.

• Duncan & Jokhan v. Attorney General of Trinidad and Tobago [2021] UKPC 17 – Siân acted for the successful appellants in this constitutional appeal against the Attorney General of Trinidad and Tobago, led by Anand Beharrylal KC.

• Betaudier v. Attorney General of Trinidad and Tobago [2021] UKPC 7 – Siân acted for the successful appellant in this appeal claim for damages for unlawful arrest and detention, led by Anand Beharrylal KC.

• R (Good Law Project) v. Secretary of State for Health and Social Care [2021] EWHC 346 – Siân was junior counsel for the Secretary of State in this high profile Covid-19 procurement policy challenge, led by Philip Moser KC and instructed by the Government Legal Department. Also instructed in the consequential dispute over the appropriate form of relief ([2021] EWHC 505 (Admin)).

• R (Awodola) v. Association of Chartered Accountants [2020] EWHC 3059– Siân acted for the claimant in this successful application for judicial review, and in the subsequent successful application for litigant in person and pro bono costs orders ([2020] EWHC 3369).

• Stanley v. Welwyn Hatfield Borough Council [2020] EWCA Civ 1458 – Siân acted for the appellant in this significant case clarifying the validity and legal status of review decisions notified out of time by the local authority.

Education

Scholarships and Awards

• UCL Faculty of Laws Postgraduate Research Scholarship (University College London, 2023)

• Postgraduate Excellence Scholarship (King’s College London, 2022) Awarded for ranking first in class in postgraduate study

• Michael Beloff Essay Prize for Public Law (Gray’s Inn, 2017)

• Sir Dingle Foot BPTC Scholarship (Gray’s Inn, 2015)

• Alan Urbach Memorial Prize (University College Oxford, 2015) Awarded for ranking first in class for Jurisprudence final honours

• Loughman Scholarship (University College Oxford, 2015) Awarded for outstanding academic performance

• Scholarships for academic excellence first-class performance in public exams (Oxford University, 2013, 2014, 2015)

• Hogan Lovells Prize (University College Oxford, 2013) Awarded for ranking first in class in Law Moderation Exams (Criminal, Constitutional, and Roman law)

Memberships

• Administrative Law Bar Association

• United Kingdom Constitutional Law Association

• International Society of Public Law

• Planning and Environmental Bar Association

• United Kingdom Environmental Law Association

Publications

• ‘Machina Judicata: Automation, AI and Justice – Views from the Court’ (University College London, 18 January 2024)

• ‘High Court Planning Challenges – Climate Change Legal Challenges Update’ (Landmark Chambers, 20 November 2023)

• ‘Apparent Bias and Planning Committee Decisions: R (Webb) v. London Borough of Bromley (Lexis PSL, 22 August 2023)

• ‘Adjudicators erred in allowing appeals against road user charging scheme penalty charges: R (Halton Borough Council) v. Road User Charging Adjudicators (Lexis PSL, 17 March 2023)

• ‘Planning decision quashed for irrelevant considerations in assessment of level of harm to heritage asset: Newcastle v. Secretary of State for Levelling Up, Housing and Communities’ (Lexis PSL, 17 November 2022)

• ‘Litigation Capacity and Procedural Fairness outside the CPR’ (Presentation to HLPA Conference, 17 November 2022)

• ‘Practice Note: Procedural Impropriety as a Ground for Judicial Review’ (Lexis PSL, October 2022)

•‘Practice Note: Reasonableness as a Ground for Judicial Review’ (Lexis PSL, October 2022)

• ‘eflash: Rowe v. London Borough of Haringey’ (25 October 2022, 4-5 Gray’s Inn Square E-flash update)

• ‘Local authority refusal to accommodate NRPF applicant during COVID-19 pandemic unlawful for failure to have regard to central government ‘Everyone In’ policy: R (Cort) v. London Borough of Lambeth’ (Lexis PSL, 20 May 2022)

• ‘eflash: R (Cort) v. London Borough of Camden’ (17 May 2022, 4-5 Gray’s Inn Square E-flash update)

�� ‘High Court clarifies scope of Aarhus Convention costs protection: R (Lewis) v. Welsh Ministers’ (Lexis PSL, 16 March 2022)

• ’Everyone In’ pandemic response not ‘prescriptive policy guidance’: R (ZLL) v. Secretary of State for Housing, Communities and Local Government’ (Lexis PSL, 16 February 2022)

• ‘eflash: R (ZLL) v. Minister for Housing, Communities, and Local Government’ (25 January 2022, 4-5 Gray’s Inn Square E-flash update)

• ‘PPE procurement ‘VIP lane’ breached obligation of equal treatment under PCR 2015: R (Good Law Project and Every Doctor) v. Secretary of State for Health and Social Care’ (Lexis PSL, 20 January 2022)

• ‘Everyone In Again?’ ’ (SHLA Update, 9 December 2021)

• ‘Procurement challenge with no real prospect of success struck out: Adferiad Recovery Ltd v. Aneurin Bevan University Health Board’ (Lexis PSL, 2 December 2021)

• ‘Clarification of the proper approach to social housing relief from the Community Infrastructure Levy: Stonewater v. Wealden District Council’ (Lexis PSL, 1 November 2021)

• ‘Disclosure in COVID-19 procurement challenges: Good Law Project Ltd and Everydoctor Ltd v Secretary of State for Health and Social Care’ (Lexis PSL, 28 July 2021)

• ‘Stay granted in ‘Hanbury’ procurement judicial review pending decision of the Court of Appeal in ‘Public First’ proceedings: Good Law Project Ltd v. Secretary of State for Health and Social Care’ (Lexis PSL, 20 July 2021)

• ‘Consideration of serious risk in planning applications: Valero Logistic UK Ltd and another v. Plymouth City Council’ (Lexis PSL, 8 July 2021)

• ‘Direct award of government contract to ‘Public First’ unlawful: R (Good Law Project) v. Minister for the Cabinet Office (Defendant) Public First (Interested Party)’ (Lexis PSL, 14 June 2021)

• ‘Permission granted in judicial review challenge to antibody test procurement: Good Law Project v. Secretary of State for Health and Social Care (Defendant) and Abingdon Health (Interested Party)’ (Lexis PSL, 10 June 2021)

• ‘Incapacious respondents to closure order proceedings: Ealing LBC v. M’ (co-authored with Joshua Hitchens, Local Government Lawyer, 2 February 2021)

• ‘Local Authority Powers Coronavirus Update: Part 2A Public Health Orders’ ((co-authored with Jonathan Manning), 21 July 2020)

• ‘Homelessness Law & Practice: Covid-19 Update’ (presented to the Law Friends Society, 6 May 2020)

• ‘Local Authority enforcement powers: Coronavirus Q&A’ (co-authored with Jonathan Manning, 27 April 2020)

• ‘Covid-19 Court & Professional Guidance’ (co-authored with the junior barristers of 4-5 Gray’s Inn Square, first published 24 April 2020)

• ‘Question-Testing for Testing Questions: The Role of the Electoral Commission in Ensuring ‘Intelligibility’ of Referendum Questions’ ((co-authored with Ian Peacock), Association of Electoral Administrators Magazine, January 2020)

• ‘The evolution of procedural exclusivity: time to strike out the rule in O’Reilly v Mackman?’ (Winner of the Michael Beloff Essay Prize for Public Law; Gray’s Inn Student Law Journal Volume VII, August 2017)

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