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DAMIAN BROWN QC

 

The 'much in demand’ Damian Brown comes highly recommended for his specialist injunction work on strikes and industrial action, as well as his commercial experience particularly in the sphere of `business protection’.

Damian has also been involved in significant NHS injunctive work in disputes between Trusts and senior employees including the ground breaking case of Kulkarni v. Milton Keynes NHS Trust [2009] IRLR 289. His regulatory experience also crosses over into sports work.

Clients appreciate his "thorough knowledge of employment law and his keen appreciation of what judges will respond to” and is "commercial and a good negotiator”. Consistently identified in Chambers & Partners and the Legal 500 as a leader in his field, he is described in the following terms:

  • "Fantastic, tactically sound barrister" (Chambers & Partners 2013)
  • "excellent client handling skills" (Chambers & Partners 2013)
  • "practical, down-to-earth and highly reassuring to clients" (Chambers & Partners 2013)
  • "instinctively knows when to fight and when to negotiate" (Chambers & Partners 2012)
  • "good at focusing on the issues that matter" (Legal 500)
  • "thoroughly deserves his elevation" (Legal 500)

Damian is currently Chair of the Employment Law Bar Association, a former member of the Bar Standards Board Professional Conduct Committee and a member of the Equality & Human Rights Commission Panel of Counsel.

Damian has security clearance at SC level and has rights of audience before the Dubai International Financial Centre (DIFC) Courts.

Damian is also in the "All-Time Top 40 Advocates" in the Equal Opportunities Review of IRLR reported cases.

 

    Injuctions

  • In injunctions Damian’s experience covers industrial action, business protection and professional discipline/regulation.
  • In industrial action he has been involved in many of the significant disputes over the last 20 years for both sides of industry. Reported cases include University College London Hospital v. Unison [1999] IRLR 31, Westminster City Council v. Unison [2001] IRLR 524 both on balloting provisions and the most recent authority on picketing Gate Gourmet v. TGWU [2005] IRLR 881. He was also involved in the Lindsey Oil Refinery dispute (the `British jobs for British workers’ dispute) as well as cross-border disputes involving EU law. He has appeared in the CAC in several recognition disputes.
  • In relation to business protection cases he has dealt with all aspects of interim relief including computer imaging orders and freezing injunctions. He recently represented a defendant in the 3 week High Court trial Lonmar v. SBJ [2011] IRLR 922 which involved a team move and QBE v. Dymocke and others [2012] IRLR 458 which is the leading authority on springboard injunctions.
  • In relation to professional discipline he obtained an injunction to restrain the dismissal of a whistleblower in Jesudason v. Alder Hey NHS Foundation Trust.

    Employment

  • Damian practices and advises on all aspects of employment law for employees and employers in High Court claims, as well as Employment Tribunals and the appellate courts, including the Supreme Court and ECJ.
  • With over 40 reported cases in the IRLR’s, he has considerable experience in unfair dismissal, whistleblowing, TUPE and discrimination. Reported cases include:
  • St Helens Metropolitan Borough Council v Derbyshire [2004] IRLR 851, [2005] IRLR 801. [2007] IRLR 540 House of Lords case on equal pay victimisation for GMB.
  • Bowden v. Tufnell’s Parcels Express [2001] IRLR 838 ECJ case on working time sectoral exclusion.
  • Glendale Managed Services v Graham [2003] IRLR 465 Court of Appeal case on TUPE and collective agreements.
  • Fairhurst Ward Abbotts Ltd v Botes Building Ltd [2004 EWCA Civ 83, [2004] IRLR 304 leading TUPE case on ‘entity’.
  • Briggs V. Nottingham University Hospitals NHS Trust [2010] IRLR 504 Court of Appeal case on attempt by male employees to use regrading system to maintain pay differentials with women.

    Business Protection

  • In relation to business protection cases Damian has dealt with all aspects of interim relief including computer imaging orders and freezing injunctions. Recent significant cases include:
  • Lonmar v. SBJ [2011] IRLR 922 - A team move case, representing the defendant in a 3 week High Court trial.
  • QBE v. Dymocke and others [2012] IRLR 458 - the leading authority on springboard injunctions.
  • In 2012 he was involved in a significant multi-party dispute involving allegations of conspiracy, and misuse of confidential information with defendants in several jurisdictions.

    Disciplinary & Regulatory

  • From sitting on internal disciplinary and grievance panels for public authorities and emergency services to representing surgeons and trusts Damian has significant experience and pragmatism in this area which has increased in recent years in issues arising from it.
  • Appeared in the leading Court of Appeal case Kulkarni v. Milton Keynes NHS Trust [2009] IRLR 829 on Article 6 rights and internal disciplinary tribunals.
  • Recently obtained an injunction retraining the dismissal of a Consultant in Jesudason v. Alder Hey NHS Foundation Trust.

    Sports

  • Damian’s regulatory experience has led to a natural progression to sports law work. He has sat as an FA Panel Chair and appeared in a number of football, rugby and ice hockey disciplinary matters. He was recently instructed in a high profile RFU case involving allegations of racism.
  • His EU work has been valuable in acting in freedom of movement and quota cases for clubs and players in rugby league and union and he has advised both the RFL and RFU.
  • He is currently representing a sacked football manager in a bonus dispute.

    Memberships & Publications

Memberships:

  • Chair of ELBA 2011-2013
  • Bar Standards Board member of the Professional Complaints Committee and Quality Assurance Committee 2006-2010
  • Member of the Industrial Law Society, Employment Lawyers Association, British Association of Sport and Law and the Association of Regulatory and Disciplinary Lawyers
  • Security Cleared to SC level
  • Appearance rights before Dubai International Finance Centre Courts

 Publications:

  • Blackstone’s Employment Practice and Procedure (2010)
  • Tolleys Employment Law
  • Employment Precedents and Company Policy Documents
  • Munkman on Employers’ Liability (2010)
Silk: 2012  |  Call: 1989
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