Rachael Gourley

Call 2019

Overview

Rachael joined Chambers upon successful completion of her pupillage in October 2020. Rachael is developing a broad practice across all areas of Chambers’ work, including in the Court of Protection, inquests, clinical negligence, public law, professional discipline and police law. During pupillage, Rachael has been commended on her legal analysis, research skills and meticulousness.

Rachael is clerked primarily by Tom O’Connor,  Joe Ralph, Joe Fletcher and Josie Ryan.

Rachael writes for the UK Medical Decision Law Blog:
Altruistic stem cell donation by a person lacking capacity

Prior to joining Chambers, Rachael worked in diversity, inclusion and social mobility research in both the public and private sectors.

Overview

Rachael joined Chambers in October 2020, upon successful completion of her pupillage. During her pupillage, she was supervised by Sebastian Naughton, Elliot Gold and Clare Hennessy. She gained experience in all core areas of Chambers’ work and is building a practice in the Court of Protection, inquests, clinical negligence, professional discipline, public law and police misconduct. She was fortunate to be able to attend and assist in work on a number of inquests in this time, including a two-week jury inquest following a death in an eating disorder ward, inquests following suicides in mental health units and a number of unexpected neonatal deaths.

Experience

Since her second six, Rachael has acted in numerous strike out and summary judgment applications as well as in CMCs in extradition cases. Most recently, Rachael appeared in the Magistrates’ Court on behalf of a police force, where she was successful in obtaining a closure order.

Rachael is also willing to accept pro bono work where appropriate. During her pupillage, Rachael acted in Criminal Injuries Compensation appeals before the First-tier Tribunal for both the Free Representation Unit and Advocate – formerly the Bar Pro Bono Unit.

Rachael is also building a significant paperwork practice. During pupillage, Rachael assisted supervisors and other members of Chambers with a variety of cases.

Rachael has experience drafting:

  • Numerous Particulars of Claim and Defences in clinical and dental negligence cases, including those involving complex conditions and delays in treatment;
  • Submissions on the applicability of Article 2 in inquests where there have been systemic failures on the part of the state;
  • Skeleton arguments, including for a contested Stalking Protection Order and a trial skeleton for a clinical negligence trial concerning an orthopaedic injury;
  • An interim payment application for a high-value clinical negligence claim;
  • Expert agendas in complex clinical negligence cases;
  • Pleadings in civil actions against the police;
  • Grounds for judicial review;
  • Grounds of Complaint and Grounds of Response in employment cases;
  • Regulation 21 Notices for Police Misconduct proceedings and advices on evidence, procedure and anonymity;
  • Advices on liability, quantum, evidence and other matters in clinical negligence cases and civil actions against the police.

Rachael is particularly keen on developing her inquest practice. She was fortunate to be able to work on a number of inquests during pupillage, including a two-week jury inquest following a death in an eating disorder ward, inquests following suicides in mental health units and a number of unexpected neonatal deaths.

Prior to the Bar

Before joining Chambers, Rachael worked in diversity and inclusion and social mobility research in both the public and private sectors. First, Rachael worked as a manager at a specialist diversity organisation that helped students from BAME and/or social mobility backgrounds to gain access to top graduate jobs. Rachael managed client relationships with the Civil Service Fast Stream, GCHQ and Teach First, worked as a job coach and developed unconscious bias training materials.

Rachael was later employed as a manager at the Judicial Appointments Commission working on judicial diversity policy and the development of fair selection exercise materials. She led on outreach strategy and delivered outreach presentations to lawyers throughout England and Wales, working to encourage more BAME lawyers, women and lawyers with disabilities to consider judicial appointment. Rachael also provided the Secretariat to the Judicial Diversity Forum – a quarterly meeting between the JAC, the Lord Chief Justice, the Lord Chancellor and representatives from the legal profession.

Rachael remains passionate about diversity, inclusion and social mobility.

Rachael has also worked as a casework volunteer at the Bar Pro Bono Unit and taught debating in prisons as part of the Vocalise programme.

Qualifications

• Bachelor of Laws (Hons), University of Cambridge – First Class
• Bar Professional Training Course, BPP University Law School – Very Competent

PRIZES, SCHOLARSHIPS & ACADEMIC ACHIEVEMENTS

• Prince of Wales Scholarship, Gray’s Inn – Scholarship to fund the cost of the BPTC
• Rosemary Murray Scholarship, University of Cambridge – Scholarship awarded for obtaining a first class degree result

PUBLICATIONS

Rachael is currently working on updating several  chapters of the fourth edition of Medical Treatment: Decisions and the Law. The book is edited by Christopher Johnston QC, written by 23 members of Serjeants’ Inn and due to be published by Bloomsbury Professional in 2021.

Rachael contributes regularly to Chambers’ blogs, including the UK Medical Decision Law Blog, UK Inquest Law Blog, and UK Police Law Blog. Recent examples include the following:

 

Memberships

• Court of Protection Bar Association
• Professional Negligence Bar Association
• Young Legal Aid Lawyers’ Association
• Free Representation Unit
• Advocate (formerly the Bar Pro Bono Unit)

FURTHER INFORMATION

For further details of Rachael’s practice, please contact a member of the clerking or client service team.

Bar Council Membership No: 72449
Registered Name: Rachael Louise Gourley