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LUCY BONE

 

Hailed by peers as a rising force … "She is very effective in cross-examination" "Very organised, she is dependable, calm and articulate": Chambers and Partners 2014

A highly effective advocate who makes her points with great flair … frequently instructed on cases across the employment law spectrum which are of strategic importance to clients: Chambers and Partners 2013

Robust and user-friendly: Chambers and Partners 2012

Really knows her stuff … grasps complex issues incredibly quickly and offers practical advice with genuine enthusiasm: Chambers and Partners 2011

At once effective, charming and confident: Chambers and Partners, 2010

Outstanding advice and advocacy: Legal 500, 2009

A leading junior, Lucy’s High Court practice straddles commercial and employment work with an emphasis on confidential information, fraud, competitive activity and breaches of directors’ duties. She has particular experience in litigation concerning post-termination restraints and team moves, including applications for injunctive relief and speedy trials. Lucy was counsel for the Claimant in the landmark case Whitmar v. Gamage and Others [2013] EWHC 1881, the first reported case to restrain the Defendants’ use of Linked-In.

With a wealth of experience across the spectrum of employment law including all forms of discrimination and statutory complaints, Lucy frequently acts in the Employment Tribunal, Employment Appeal Tribunal and High Court. High value or complex discrimination and equal pay claims, and whistleblowing complaints are a particular feature of Lucy’s practice. Lucy also has experience of TUPE and collective consultation claims, and industrial relations disputes.

Lucy has a developing expertise in regulatory matters, and is currently representing a NHS consultant at an internal disciplinary hearings. Lucy is a member of ARDL and sits as a barrister member of the Professional Conduct Committee of the Bar Standards Board.

 

    Injunctions

Lucy is frequently instructed in injunctive proceedings and has extensive expertise in post termination restraints and has been instructed in relation to a range of post termination matters, including fiduciary duties and preparatory steps to compete.

  • Whitmar v Gamage and Others [2013] EWHC 1881 (Ch): acting for the Claimant in this milestone case concerning social media, Lucy won first contested known injunction controlling the Defendants’ use of Linked-In groups and connections. A further point of note is the judge’s refusal to order speedy trial, as the Defendants had not discharged the burden of proving the need for expedition.
  • iPulse v Murphy, Gilani and Venner Shipley [2013] QBD: acting for two individual Defendants who dispute the enforceability of restrictive covenants as being too wide in scope.
  • Misco v. Total Computer Networks Limited; Misco v Mpono [2013] Ch D: led by David Reade QC/Damian Brown QC, Lucy acted in two separate injunction applications for the computer software distributor Claimant seeking to protect its confidential information from reaching a competitor firm.
  • Security Management Resources v Meager [2013] Ch D: represented the Defendant to an injunction application arising from alleged breaches of restrictive covenants. Consent Order obtained including discontinuance and a payment by the Claimant of the Defendant’s costs.
  • Pantheon Ventures LLP v Ehrnrooth (2012): acted for the Defendant to a short notice application for delivery up and inspection.

    Commercial & Business Protection

Lucy undertakes general commercial work with an emphasis on business protection and unlawful competition. Recent cases include:  

  • Gantrade Europe Limited v Dudman (2012) QBD: represented the CEO of a petrochemical distributor against allegations of fraud, breach of contract and fiduciary duty and monies had and received. The Defendant counterclaimed for non-payment of bonus. Listed for 4 day speedy trial (settled on eve of trial);
  • Codemasters Software Limited v Playground Games Limited (2010): led by Charles Samek QC in the preparation of a speedy trial acting for a major publisher of computer games where 18 employees had left and set up a competing business;
  • Exova Limited v Griffiths and others (2010): represented 2 of 5 Defendants against claims of conspiracy and springboard relief, listed for 5 day speedy trial;
  • Ludlow Thompson Limited v Guy Salmon Limited & Ors (2010) ChD: acted for the Claimant in this case concerning the Database Right. Obtained injunction ordering forensic computer inspection and service of affidavits.
  • WCR Holdings Limited v Steve Morris Associates Limited (2010): led by Charles Samek QC in a £multi-million construction dispute, representing owners in a claim of negligence against architects, structural engineers and construction company.

    Director/Senior Employee & Partnership Issues

Lucy acts frequently on matters concerning allegations of breach of directors' duties including fiduciary duties. Lucy also undertakes partnership and LLP matters and recently sat on the ELA Working Party consulting with government on proposed changes to LLP members’ tax status. Recent experience includes:

  • Clinisupplies v Karen Park [2012] EWCH 3209 Ch D: represented the Defendant on the 3 day hearing of a return date, and succeeded in having an order set aside for breach of the duty of full and frank disclosure. Lucy resisted an application for Norwich Pharmacal relief and preservation of evidence provisions. She succeeded in obtaining costs at the interim stage and a 50% payment on account.
  • Clark v (1) Gresham House and (2) Friars Management Ltd (2010): acted for the first Defendant in a claim of breach of employment contract, listed for 6 day trial in the Chancery Division but settled after Counsel-led mediation;
  • Re a Barrister (2010): represented a barrister in a sensitive dispute as to which party was liable for fees accrued in multi-party litigation involving solicitors and direct access clients;
  • Altecnic Limited v Gizzi and others (2010): represented 3 directors accused of breaches of fiduciary and statutory duties, diversion of business and secret profit.

    Employment & Discrimination

Lucy is a Band 3 Employment Junior in Chambers and Partners, and known for her comprehensive experience of all aspects of tribunal claims, particularly high value claims. Frequently acts in cases unfair dismissal including Public Interest Disclosure dismissals. Her experience of direct and indirect discrimination claims extends to all forms of discrimination, and Lucy has regular experience of high value claims, in the public and private sectors. Particular experience of note includes:

  • Wilton v Timothy James Consulting (2013): represented the Respondent in sex discrimination case arising from a romantic relationship between employees, and whether the Equality Act 2010 prohibits post-termination victimisation.
  • Colomar-Mari v Thomson Reuters (2013): successfully applied at the outset of a merits hearing to have the tribunal determine whether the Claimant’s sex discrimination claim was in time; achieved dismissal of claims in their entirety.
  • Webber v NHS Direct (2013): appeared on appeal to EAT concerning the construction of a Pay Protection Policy and whether it amounted to compensation for loss of office;
  • K+L Gates v Edelman (2013): appeared for the appellant on appeal to EAT against preliminary ruling to permit the claim out of time;
  • Wilson v Praemium Services Limited (2013): acting for an investment management company in a whistleblowing claim involving alleged breaches of FSA regulatory requirements.
  • Lodge v Financial Times (2012): acted for the FT in a highly publicized case with evidence given by the Editor and several members of the Board.
  • Pesa v Morgan Stanley (2012): acted for the Claimant trader in a high-value sex and maternity discrimination complaint against this major bank.

    Disciplinary & Regulatory

Lucy has a developing disciplinary and regulatory practice. She accepts instructions in relation to internal disciplinary hearings, both chairing and representing, and has experience of appeals of regulatory decisions with recent experience including:

  • Consultant Gynaecologist v NHS Trust [2013]: currently acting (with Jeff Bacon) in an internal disciplinary matter for a consultant gynecologist facing 350 charges of malpractice
  • Fitzgerald v General Dental Council [2013]: succeeded in this registration appeal which saw a Dentist who suffers from multiple sclerosis be admitted onto the Specialist Care Register. Lucy argued that the GDC should make reasonable adjustments under the Equality Act 2010 in assessing the Dentist against the guideline criteria for registration.
  • Guryokvits v General Dental Council [2013]: advised a Dentist on prospects of appealing to the High Court the GDC’s decision to strike him off as unfit to practice.
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