Silk: 2000
An undisputed leader in his field, Selwyn Bloch QC was called to the bar in 1982. He has been described by legal directories as 'an absolute must for restrictive covenant work' and regularly rated by directories as amongst the foremost Silks in employment law in England
Chambers UK 2008 says:
"Mr Restrictive Covenant", Selwyn Bloch QC 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.
Lauded in directories for his 'vast intelligence' Selwyn has considerable legal experience in the commercial field especially in disputes relating to breach of contract, confidential information, partnership and sports related cases.
Notable cases in 2007 include Duarte v Black & Decker [2007] EWCH 2720 (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); Benfield v Aon (team moves); Willis v Marsh; UIB v Marsh and other significant alleged team moves/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 Duarte the Court decided the case under the law of Maryland and considered the inter-relationship between that law and English public policy under the Rome Convention.
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.
EDUCATION AND EARLY PRACTICE
BA LLB (University of Stellenbosch, South Africa). After practising as a solicitor in South Africa he then spent two years with Allen & Overy.
PROFILE
EMPLOYMENT LAW
This includes restrictive covenants, garden leave, confidential information, wrongful and unfair dismissal, discrimination and TUPE. Selwyn places particular importance on close team working with junior counsel, solicitors and clients. This is vital especially in speedy trials. Examples in 2007 are Duarte v Black & Decker where the team (led by Selwyn) comprised English barristers and solicitors (Addleshaw Goddard) and American lawyers and Thomas v Farr (CA) [2007] (Herbert Smith). These were speedy trials in which success depended on intense deployment of significant human resources. Selwyn believes that success often depends on engagement of the legal team at an early stage in order to develop the appropriate strategies. This is both for the purpose of fighting cases and developing strategies to avoid or curtail litigation.
Tribunal experience in 2006/7 included significant cases of sex discrimination and TUPE/redundancy consultation.
COMMERCIAL/SPORTS LAW
This 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.
INTERIM INJUNCTIONS
These relate typically to employment/commercial/confidential information disputes. Selwyn has advised and appeared in a vast number of interim injunction cases in this field. These include restrictive covenant, confidentialty and springboard injunctions as well as search order, freezing and disclosure orders.
PUBLICATIONS AND LECTURES
Co-author of Restrictive Covenants and Confidential Information (Butterworths) (2nd edition 1999)
Frequent lecturer on Restrictive Covenants and Confidential Information and other aspects of employment law/injunctions. Selwyn has most recently addressed ELBA and the ELA on these subjects as well as addressing solicitors and barristers by live internet seminar.