Silk: 2000
Selwyn has regularly been rated as one of the foremost Employment Silks. The directories (Chambers & Partners and Legal 500) refer to his ‘superb advocacy‘ and the ability to ‘make highly complex arguments sound like common sense‘ and that solicitors favour him as he is "wonderful before clients - so positive, so supportive and very direct in his advice." ..Other comments include: “he wrote the leading textbook on restrictive covenants and unsurprisingly is many clients' primary adviser on this and many other areas of law”. “An absolute must for restrictive covenant work,”, he is “great at getting to the heart of a matter.” Notable recent cases include the leading “team moves” case of Tullett Prebon v BGC (2010) heard over several weeks in the High Court and covering garden leave, springboard injunctions and restrictive covenants The directories add that solicitors find him “vastly intelligent, but without an inch of pomposity” and refer to him as “clear, client-friendly and appealing to judges.” "Mr Restrictive Covenant", he is "accessible, practical and a persistent advocate". Clients say that "he would take some beating on any employment subject." He "gets stuck in and delivers sensible advice, with his feet firmly on the ground."
Selwyn has extensive experience in High Court employment disputes of all kinds, including "team moves", confidential information and wrongful dismissal cases. He advises on and appears regularly in cases involving urgent injunctive relief and speedy trials relating especially to restrictive covenants, garden leave and springboard/confidential information. He also has considerable experience in tribunal cases including unfair dismissal, TUPE and discrimination.
Notable recent cases include Tullet Prebon v BGC(2009-2010); SG & R Valuation Service v Boudrais [2008] IRLR 770 (garden leave injunction where no garden leave clause); Paul Wurth v Siemens (springboard injunctions to stop team moves) Court of Appeal (2008); Duarte v Black & Decker [2007] EWCH 2720 [2008] 1 All ER (Comm) 401 (restrictive covenants subject to foreign law); Thomas v Farr [2007] ICR 932 [2007] IRLR 419 (CA) (directors' non-competition covenants); Total Oil v White Nile [2007] (CA) (pre-action disclosure in commercial dispute/justiciability of disputes relating to foreign states); Tullett Prebon v Verrier; GFI v Sonin (inter-dealer garden leave cases); Corrie v The Peters Fraser & Dunlop Ltd (team move from literary/talent agency); Benfield v Aon; Willis v Marsh; UIB v Marsh (alleged team moves in insurance broking industry)and other significant alleged team moves/fiduciary duty/confidential information cases; Beloff v ALI and Ofsted (UKEAT/0238/07 30/1/08) (redundancy and TUPE consultation re. employees in Crown employment)
Many of the cases in which Selwyn is instructed involve the movement of large teams from high profile organisations, especially in the financial services sector. These cases may involve teams operating in different jurisdictions, thereby engaging principles of private international law. For instance, in
Selwyn is co-author of the leading textbook, Restrictive Covenants and Confidential Information, and is a frequent lecturer on that subject and other aspects of employment law and injunctions.
Selwyn’s experience includes, in particular, disputes relating to confidential information, restrictive covenants in commercial agreements, including partnership agreements, confidential information, economic torts, disputes relating to directors, agents/consultants, and breach of contract and sports related disputes. Selwyn has been engaged to advise in some of the most high profile/high value restrictive covenant/confidential information cases in recent years, including cases relating to the Enron and the Equitable Life litigation. He is often engaged to consider these and other issues in the context of solicitors' and accountants' partnerships.
On the sports side, he has appeared in cases involving football, rugby, cricket and boxing.
Selwyn has extensive experience of mediations both as a mediator and an advocate. These cases are typically in the employment, agency and the general commercial fields