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CAROL DAVIS

 

Carol is named as one of the leading juniors in employment litigation in Chambers & Partners 2014 and Legal 500 2013. She also has a strong practice in the fields of disciplinary and regulatory law, and professional negligence.

With a reputation for combining thoroughness to all details of the case and a commercial, costs-sensitive approach, she has regularly been recommended in the directories from 2006 to date. Recent comments from Chambers and Partners 2014 recognising Carol’s expertise and approach include: 

"excellent with clients”

"dedicated and tenacious”.

These are supported by other comments from clients and the directories, including:

"assiduous, hard-working and particularly good in handling witnesses in difficult discrimination cases”

"ability to grasp the detail of a case without losing sight of the bigger picture”

"sources admire how she is able to grasp the detail of a case without losing sight of the bigger picture”

"practical and straightforward advice”

"formidable in conference and in court”

"deft ability to instil confidence in the trickiest of cases”

"forte lies in her handling of sensitive and challenging matters”

"dealing with complex legal issues in a commercial context”

A regular contributor to legal journals, she co-authored ‘Termination of Employment’ with John Bowers QC (Wildy, Simmonds and Hill), along with chapters in other leading publications.  Carol is also a popular speaker and regularly lectures on a range of topics to law firms and at Littleton’s own seminar programme.

 

    Discrimination

Carol is particularly sought after for her careful attention to detail, her punchy and probing cross examination, and her clear analysis of the law.

Recent work includes:

  • Advising and defending a global law firm and one of its equity partners in a 5-week case of direct race discrimination and victimisation brought by an Associate involving voluminous documentation and detailed allegations.
  • Defending claims of direct disability discrimination and a failure to make reasonable adjustments brought by a senior teacher at a leading independent girls’ day school. Following a 5 day hearing, the case was dismissed in its entirety.
  • Advising and representing the Head of a Trading Desk at one of the leading investment banks in a claim for race discrimina- tion.
  • Defending a multi-national research-based pharmaceutical company in claims of direct disability discrimination, failure to make reasonable adjustments and breach of parental leave regulations brought by a senior sales representative.

    Commercial Employment

Carol has considerable experience acting for and against large financial institutions, national and multinational businesses, publicly listed companies and governmental bodies on a wide range of employment litigation. A significant amount of her work involves, in particular, director and senior employee issues. Her principal areas of work include claims during the currency and termination of employment, wrongful dismissal and other breaches of contract, breaches of fiduciary duty and bonus entitle- ments.

Recent work in the High Court includes:

  • Defending claims brought by a UK principal of on international Management Consultancy for unlawful termination and non- payment of bonus. Following a 7 day case in the High Court, the claims were dismissed in their entirety.
  • Acting for a Chief Executive of a former NHS Trust in a substantial wrongful dismissal claim.

 She is also regularly instructed to advise on, and appear in, interim applications to enforce restrictive covenants and to protect confidential information and is thus fully aware of the legal, practical and tactical issues that arise in such cases. She provides a thorough, commercial and smart approach

    Employment Other

Carol undertakes a wide range of statutory claims.

Notable recent employment tribunal cases include:

  • Representing the Claimant in a substantial whistleblowing claim. The case included a knotty issue concerning territorial jurisdiction. The Claimant was a British national, employed by a UK registered company, but working in Saudi Arabia on a national defence contract with the Saudi Arabian Armed Guard.
  • Defending a global investment bank in relation to a complex whistleblowing claim brought by a senior member of the UK equities division.
  • Defending complex claims brought under the Working Time regulations and National Minimum Wages Act concerning the meaning of ‘on-call’ work in the case of a resident Housekeeper.
  • Defending an international recruitment consultancy in claims of whistleblowing and unfair dismissal brought by a senior executive. The Claimant withdrew her case following cross examination and Carol secured a substantial costs award for the whole cost of the proceedings.

    Discipinary and Regulatory

Carol is Deputy Head of Littleton’s Disciplinary and Regulatory Group and Editor of the Group’s quarterly bulletin.

She regularly advises and appears at internal grievance and disciplinary panels in both the private and the public sector. She has also acted as an independent investigating officer and has experience of investigating diverse grievance and disciplinary matters, often involving detailed allegations and a wide range of witnesses. In this work, Carol has been instructed by a wide- range of medical professionals and organisations, including medical defence unions, law firms, academic institutions, charities and private companies across various industries.

Carol has also been involved in a number of cases before professional regulatory panels. She has advised and defended a wide range of professionals facing investigation or disciplinary action by their regulators.  She has dealt with a wide variety of cases, ranging from registration issues to allegations of serious misconduct and has experience of all stages of the process, including interim orders, Appeals and restorations.

Recent work includes:

  • Representing a consultant level medical professional against charges of serious professional misconduct.
  • Advising the Board of Governors of a leading private girls’ day school in relation to a disciplinary investigation into alleged financial mismanagement by a senior member of the administrative staff.
  • Instructed by a leading national law firm to act as an independent investigating officer investigating a complaint brought by a senior Associate of sexual harassment and discrimination.
  • Representing a social worker accused of sexually harassing a number of female co-workers

    Professional Negligence

Carol’s in-depth employment expertise has resulted in her being instructed, both for and against law firms, on cases of negli- gence involving employment litigation and other employment law issues. Over the years, she has acted in cases involving a variety of professionals, including dentists, travel agents, accountants and builders. She is particularly sought after for her precise drafting, her ability to absorb large amounts of material and her clear, commercial advice.

Recent work includes:

  • Defending a law firm following the dismissal of a whistleblowing claim in the employment tribunal.
  • Defending a surveyor sued by a disgruntled house purchaser following the discovery of asbestos in the roof cavity of her new house.

    Lectures, Publications & Professional Affiliations

Carol is regularly invited to lecture and conduct training sessions on aspects of employment law and regulatory matters.

By popular request, Carol regularly visits law firms and conducts training seminars.  She is always willing to tailor a lecture/semi- nar to fit the attendees’ requirements.

Carol is also a regular contributor to legal journals and other publications. Her most recent publications are ‘Termination of Em- ployment’ which she co-authored with John Bowers QC (Wildy, Simmonds and Hill) and the chapter ‘Dismissal with or without Notice’ which she co-authored with Jeremy Lewis for Butterworth Tolley’s loose-leaf ‘Termination of Employment’ series.

In 2014 Carol will be speaking on a range of professional regulatory matters as part of Littleton’s Disciplinary and Regulatory Group 2014 seminar series.

Carol is also an active member of the following associations:

  • COMBAR
  • Employment law Bar Association
  • Employment lawyers Association
  • Association of regulatory & Disciplinary lawyers
  • The Professional Negligence Bar Association.
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