Andrew Clarke QC

One of the foremost advocates in his field and joint head of Littleton Chambers, Andrew Clarke QC's 'formidable intellect' has seen him tackle a wide range of commercial disputes, particularly in the employment arena, since he was called to the Bar in 1980. He took silk in 1997

Described by clients as an 'excellent tactical adviser', Andrew has acted on landmark cases in specialist areas including high value wrongful dismissals, discrimination claims, equal pay disputes, restrictive covenant injunctions and garden leave disputes.

Andrew has developed an unrivalled understanding of many complex businesses from employment agencies, city broking and insurance and reinsurance to small and large manufacturers, security companies and international traders. He is renowned for his 'hands on approach', his ability to relate to people and to lead and motivate a team.

Andrew has worked on numerous landmark cases. These include acting for many NHS trusts in the largest ever equal pay litigation case (in terms of both value and volume of claims), acting for Jupiter Asset Management in the most valuable wrongful dismissal claim (made against the company by its founder John Duffield), as well as acting for train operating companies in relation to rail strikes and the Royal Mail in relation to national postal strikes.

Andrew, one of Crewe Alexandra's most passionate supporters, is also a dedicated sportsman and has acted for a number of high profile football clubs in relation to the dismissal of their managers including Newcastle United (Dalglish) and Leeds United (O'Leary). He was also counsel for Crystal Palace in its ground breaking claim against Steve Bruce.

EDUCATION

After attending Crewe Grammar School, Andrew studied law at King's College London (where also obtained the AKC). He then obtained a BCL at Lincoln College Oxford before reading for the bar. He was called in 1980 and took silk in 1997. In 2006 he was elected Joint Head of Littleton Chambers. He is a governor of a large comprehensive school and chairman of trustees of a church charity.

He is a committee member of the Bar Sports Law Group and a member of the Employment Law Bar Association, the Employment Lawyers Association, the ILS and a committee member of COMBAR.

PROFESSIONAL EXPERIENCE

ADVOCATE & ADVISER

Andrew is regarded as both a formidable advocate and an expert tactician. He is consistently recognised as a leading employment and sports lawyer in the various guides. He has been described as 'never dropping the ball' in court and as being a thorough, imaginative and innovative tactician. He is someone who is equally as adept at planning to avoid litigation as he is at winning in court.

It is Andrew's style to work constructively with clients and solicitors as part of a team with a common goal. He enjoys dealing with people and learning about their businesses. He regards careful planning and a clear strategy as being essential to success both in and out of court. He recognises the need to identify and work towards the commercial goals of the client.

He is equally at home dealing with urgent injunction applications and speedy trials as he is with long term strategic planning. Each requires a similar combination of determination, clear thinking, attention to detail and flair.

Andrew has represented both companies and individuals in high value wrongful dismissal claims. For example, he was leading counsel for Jupiter Asset Management in the wrongful dismissal claim by its founder John Duffield. That was the most valuable wrongful dismissal claim to be heard by the High Court. In 2007 he acted for Brad Huntington in his claim against the international reinsurer, Imagine Group, which he had founded. That claim, heard in the Commercial Court because of the complex insurance and reinsurance issues involved, was similar in size to the Duffield claim.

Andrew frequently advises on the avoidance, or resolution, or litigation of such claims as these. This often involves developing strategies to operate over long periods of time which take into account the rules of various bonus schemes, LTIPs and share option schemes.

Some disputes involve only considerations of the operation of bonus schemes and the like. Andrew has been involved in numerous claims relating to bonuses, both nationally and internationally (governed by English and foreign legal systems) and the operation of discretions. In particular, he has developed an expertise in dealing with the various kinds of reward systems operated by broking, trading, insurance and reinsurance operations worldwide.

Andrew advises employers, potential future employers and employees on the drafting of and the enforceability of restrictive covenants. A substantial part of his practice involves urgent applications to court in relation to alleged breaches of restrictive covenants and the speedy trials that often follow.

He has been counsel in several of the leading cases in this area. For example, the Dawnay Day litigation which re-shaped so much of the modern thinking on this area of law and the Credit Suisse case which explored the inter-relationship of TUPE and restrictive covenants, both in the Court of Appeal. In particular, Andrew has appeared in most of the reported cases on Garden Leave injunctions, including William Hill v. Tucker and Crystal Palace v. Bruce. He has also been at the forefront of shaping the law on springboard injunctions with cases such as Midas v. Opus.

These areas of law are constantly developing and Andrew has been at the forefront of that development. Currently, one area of particular concern is that of team moves and the inter-relationship with duties to disclose one's own and others' wrongdoings. Another is the true definition of confidential information and whether or not there is any concept of 'inevitable misuse' known to English law.

STRIKE INJUNCTIONS

Andrew is acknowledged as a leading expert in relation to ballots and notifications for industrial action and picketing. He has been involved in most of the leading industrial disputes of the modern era. For example, he acted for the port employers in the national docks dispute, he obtained the injunctions which brought the national rail disputes on use of guards and on changes to terms and conditions to an end and acted for the Royal Mail in obtaining injunctions in the national postal worker dispute.

This is high pressure litigation where decisions have to be considered in a fast moving commercial context. Andrew has a track record of helping to devise a clear and imaginative strategy and of carrying it through to a successful conclusion.

Andrew has been involved in a wide variety of discrimination cases. Many are high profile cases involving extensive press coverage due to the sums involved, the nature of the allegations, or the identity of the parties. He is used to operating in such a context and the need to have regard to the wider commercial impact of the case and the way it is conducted.

For example, Andrew acted for British Airways in relation to claims by female cabin crew and by Sikhs who could not use certain safety equipment. He acted for the Premier League and the FA in relation to allegations of racial bias in refereeing appointments. He appeared in the EAT for a police authority challeneged in relation to the operation of its firearms policy. He has advised firms of solicitors, accountants, architects, designers and engineers regarding allegations relating to the conduct of members and senior staff.

In addition to advising on practical problems in this area of law and conducting first instance cases which are often both lengthy and sensitive, Andrew regularly deals with such cases on appeal. For example, he appeared before the Court of Appeal in the Hardy & Hansons case which reconsidered the nature of justification and the proper approach of a Tribunal to the evidence led in this regard.

The conduct of large scale equal pay litigation calls for particular planning and organisational skills, in particular in relation to the selection and definition of preliminary issues. Andrew has many years of experience in the conduct of such claims on behalf of NHS Trust and local authority Respondents.

He is leading counsel for North Cumbria Acute Trust and the Morecambe Bay Trust (among others) which are at the forefront of what is the largest piece of equal pay litigation in Europe. His involvement with these cases, which require consideration of all aspects of equal pay law, mean that he is a leading expert in this field.

TUPE

Andrew regularly advises on the application of TUPE. He has advised in relation to many high profile acquisitions and mergers which have involved TUPE and consultation issues. For example, the sale or lease of the Dome and the acquisition of former Littlewoods stores.

He has appeared in several of the leading reported cases in this area including Betts v. Brintell Helicopters, CPL v. Todd and Credit Suisse v. Lister (all in the Court of Appeal) and Beckman v. Dynamco (in the ECJ).

PENSIONS

Andrew advises on all employment related aspects of pension law. For example, he has advised employers, trustees and employees on the interpretation and operation of pensions deeds and the variation of schemes.

He successfully fought the first case to consider the ability of an employer to remove the benefit of an inflation proofed pension scheme. He appeared for the employers in the Beckman case (both before the English Courts and the ECJ) which considered the pension related aspects of TUPE.

INTERNAL DISCIPLINARY ENQUIRIES

Andrew has advised on and also conducted internal enquiries for many public and private employers. He has also represented individual employees, employers and other interested parties at such enquiries. In this context he has appeared before the disciplinary bodies associated with various sports.

COMMERCIAL AND COMPANY LAW

Andrew's practice also encompasses business and commercial disputes outside the field of employment law. Hence, he has reported cases in the Court of Appeal and House of Lords concerning matters as diverse as the ability to enforce foreign default judgments in England and the affect of bankruptcy on that ability, the application of the ultra vires doctrine to the payment of bribes to secure contracts, the boundaries of the economic torts and the nature and extent of directors' fiduciary duties.

Andrew has a particular expertise in the inter-relationship of employment and commercial law. As a result he is often instructed in cases where employment disputes have to be resolved against a background of disputes in relation to other commercial transactions such as insurance and reinsurance contracts, or in the context of other litigation such as s.459 proceedings or foreign litigation.

SPORTS LAW

Andrew is a well known sports lawyer. He has advised sporting bodies and sports stars in a wide variety of legal disputes. In particular, he has acted for and against many football clubs (including Newcastle United and Leeds United) in connection with disputes as to the hiring, or firing, of managers. He has advised on disputes relating to driver and engineer 'poaching' in Formula 1 and rally driving. He has dealt with disputes as to the ownership of intellectual property and the sale and restructuring of sporting clubs and companies.

He acted for Gordon Watson and Bradford City in relation to the successful High Court claim for negligence against Huddersfield Town arising out of a tackle on the field of play.

MEDIATION AND ARBITRATION

Andrew recognises the valuable part that alternative dispute resolution techniques can play in the resolution of certain disputes. He often both advises as to their use and presents the case to the arbitrator or mediator. He is aware of the particular skills required in such circumstances.

He is also a trained mediator. In that regard he is sometimes asked to mediate high value employment claims of particular sensitivity or complexity where the parties feel that his skills and experience in this area can help them to find an imaginative, but mutually acceptable, way forward. Recent users of his services have written to Chambers to praise his handling of the mediation process in just such a case describing it as 'absolutely excellent'.