Year of Call: 2017 Read more
Gemma specialises in cases involving mental capacity and mental health issues. She also mediates disputes across a broad spectrum of legal issues, and sits as a First-tier Tribunal judge in the Social Entitlement Chamber.
Gemma regularly appears in the Court of Protection acting for litigation friends including the Official Solicitor, local authorities, NHS bodies, and family members. She has experience of complex welfare matters under s.16 of the Mental Capacity Act 2005, contested deputyship applications, and challenges to deprivations of liberty, and appears before all tiers of Court of Protection judges.
Gemma has represented patients detained under sections 2 and 3 of the Mental Health Act 1983, and advised in cases involving the complex interaction between the Mental Health Act 1983 and the Mental Capacity Act 2005. Gemma also represents parties involved in proceedings under the Mental Health Act outside of the Tribunal setting, including displacements of nearest relatives, and has represented bereaved families at mental health-related inquests.
She has experience advising on discrimination, harassment, and victimisation under the Equality Act 2010. Gemma is appointed to the Equality and Human Rights Commission panel of counsel.
Gemma has worked with a number of senior members of Chambers on a broad range of human rights issues.
Prior to being called to the Bar, Gemma provided specialist welfare benefits advice and representation at the First-tier and Upper Tribunals on behalf of Macmillan Cancer Support and Citizens Advice, and the Free Representation Unit, as well as representing clients pro bono in Employment Tribunal claims. She spent a number of years training FRU volunteers and sitting on FRU’s Management Committee.
Gemma previously co-chaired chambers’ Pupillage Committee and was a member of the Management Board.
Gemma is licensed under the Direct Access Scheme and can accept instructions directly in appropriate cases across all aspects of her practice.
"Gemma knows exactly which points to pursue and she can read judges very well."- Legal 500 2026
"Gemma is very knowledgeable and experienced in Court of Protection welfare matters."- Chambers and Partners 2026
"Gemma Daly is one of the best barristers I've ever worked with. She is thoughtful, precise and dedicated to the client."- Chambers and Partners 2026
"Very capable, approachable, and helpfully client and solution-focused."- Chambers and Partners 2026
"Gemma is an exceptionally talented barrister. She can get to grips with the most complex matters. Her drafting is excellent, and she can adapt her style of advocacy to fit the type of case and the various characters in the room." - Legal 500 2025
"Gemma has a thorough command of the law. Her advocacy skills are way beyond her year of call. She can quickly and concisely present arguments which have complex facts or legal issues." - Legal 500 2024
"Her advice, advocacy and communication are all brilliant." - Chambers and Partners 2024
"Gemma is a fantastic advocate and a pleasure to work with. She is extremely efficient and digests huge volumes of information easily. Her cross-examination is also excellent and her drafting is always watertight." - Chambers and Partners 2024
Gemma practises in the Court of Protection, regularly appearing on behalf of P instructed by litigation friends including the Official Solicitor, family members, local authorities, and ICBs. She has experience representing at mediations during Court of Protection proceedings, and has mediated care-related disputes.
Gemma co-authors the Court of Protection Dictionary and has co-authored the Court of Protection updates for LAG. She regularly provides training to social workers and others on the Mental Capacity Act and the inherent jurisdiction for vulnerable adults.
Gemma has expertise in contact disputes, cases with complex overlapping matters of contact and engaging in sexual relations, Ps transitioning from children to adult services, and a developing practice in medical treatment cases. She has cross-examined capacity experts, including in complex matters regarding capacity to engage in sexual relations, as well as witness handling of a range of expert and non-expert witnesses in the Court of Protection and other courts.
Gemma is a mediator and practising barrister. She has a holistic approach to dispute resolution, combining her academic knowledge from her LLM Masters in Human Rights & Conflict Resolution with her practical legal experience.
Gemma trained with, and is now a member of, the Society of Mediators and has participated in their Free Mediation Project. She has mediated disputes related to community care/Court of Protection adjacent issues through chambers, as well as mediating pro bono in family and neighbour disputes. Before being called to the Bar, Gemma worked with charitable and non-profit organisations including in an occupied territory and, separately, with the UNHCR.
Gemma has extensive experience of negotiations in court proceedings, chairing round-table meetings, and facilitating productive discussions between parties. She has practised in many different courts and across a wide range of legal issues, including: mental capacity law, mental health law, inquests, public law, social security, criminal law, employment law, housing, actions against public bodies, and human rights law. She has experience of independent investigations and engaging participants in difficult dialogues. Now a specialist in the unique jurisdiction of the Court of Protection, which can involve more time negotiating than in court, Gemma is acutely aware that effective discussions can be the key to resolving protracted disputes. Having also represented parties at mediation, she appreciates the perspectives of individuals approaching alternative dispute resolution and has seen the benefits of mediated settlements from all sides.
Gemma brings her experience as a practising barrister to her role as a mediator whilst maintaining neutrality and helping participants through the process. She is confident in the benefits of mediation for a wide array of legal issues and accepts instructions to facilitate discussions across many disputes.
Gemma accepts instructions in matters arising under the Mental Health Act 1983. She was instructed as junior counsel to Sophy Miles and Aswini Weereratne QC by Mind in their intervention in the Supreme Court in Welsh Ministers v PJ [2018] UKSC 66.
Gemma has represented bereaved families at inquests, in particular where there are issues around mental health services in the community, or the deceased was deprived of their liberty in hospital, prison, or police custody. Gemma has experience cross-examining expert witnesses, including consultant psychiatrists, social workers, and police officers.
Gemma has extensive experience in the field of social welfare law, having spent five years advising clients on complex benefits claims, representing at benefit appeals in First-tier Tribunals and the Upper Tribunal, and providing training to Free Representation Unit volunteers. She sits a fee-paid (part-time) First-tier Tribunal judge in the Social Entitlement Chamber.