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LYDIA BANERJEE

 

Lydia has a busy junior practice dividing her time between court work and advisory work.  In line with the broader chambers specialisms Lydia’s core areas of practice are commercial law, sports law and employment law.  Lydia’s commercial practice encompasses disputes including contractual interpretation, professional negligence and directors duties.  Lydia's sports law work covers work in relation to agency fee disputes, arbitrations and disciplinary proceedings.  Lydia’s employment work has a particular focus on disability discrimination but also incorporates all areas of tribunal disputes and high court action in relation to bonuses and restrictive covenants.

Prior to commencing pupillage Lydia gained significant commercial experience at Deloitte in their indirect tax division working, in part, with the in house legal team.  She is also able to draw on personal experience as a director of two private limited companies.  The first is an investment company with a mixed portfolio, Lydia has been a Director and Assistant Company Secretary since 2004.  The second is a new enterprise focussing on property development.  Alongside her business interests Lydia is the chair of a registered childrens charity, Rafiki. 

Lydia’s personal and professional experiences mean that she understands commercial and employment matters from within the industry enabling her to provide practical and tactical advice alongside sound legal analysis.

Some client comments include:

"Lydia was really outstanding.  Her preparation, advocacy skills and manner with the client were second to none and I would have no hesitation in using her again.

"My deepest compliments for the professionalism, dedication and prescience of Lydia Banerjee

"Lydia was superb throughout - she'd prepped thoroughly and was great with the client and the Tribunal

"A lawyer who has not only advised on the law but thought tactically and intelligently

 

    Commercial

Lydia has been involved in several injunction applications including an appeal to the Court of Appeal.  Lydia has been instructed as sole counsel in relation to  conjoined applications for freezing injunctions as well as injunctions to prevent breaches of restrictive covenants.  As with all junior junior members of chambers Lydia is part of the dedicated junior scheme which provides short notice cover for urgent injunctive work.

Lydia’s commercial practice covers all aspects of contractual disputes.  She is regularly instructed to advise in relation to the interpretation of contractual obligations, the application of UCTA and third party claims. She regularly appears in the county court on cases involving enforcement of judgments, breach of contract and disputed costs. 

Lydia also advises in relation to professional negligence issues.  Past cases have involved consideration of various professional services including, auditors, trade unions, solicitors and barristers.  Lydia is currently instructed in a number of county court claims involving counterclaims of considerable value based on professional negligence.

Lydia has been instructed as junior counsel in several high court cases involving allegations of team moves, breach of directors duties, unlawful means conspiracy and other economic torts

Lydia has also appeared in the Lands Tribunal and High Court and has experience of the VAT tribunal from both her time with Deloitte and during pupillage.

    Sports Law

Lydia is an active member of the Littleton Chambers Sports law group.  Her keen interest in sport stems from personal connections to the world of cricket and football.  The many hours sitting at various county grounds under grey skies or in the rain and snow at Villa Park have confirmed a lasting passion which she is keen to further through her legal practice.

Lydia is regularly instructed on sports law disputes with recent cases including:

  •  A High Court claim in relation to disputed agency fees
  • FA Arbitral proceedings in relation to disputed agency fees
  • A dispute between a player and sponsor regarding image rights
  • A debt claim against a former professional sportsman
  • An FA disciplinary hearing in relation to a failed drugs test
  • A negotiation relating to the termination of the employment of a senior director at a sport facility
  • Application for the winding up of a sports club

Lydia is a contributor to the Sports Insights publications and the Littleton Law in Sport Blog and her most recent articles addressed sport clubs' obligations towards protecting player's mental health and the dispute over the name of Hull City.  Lydia also speaks regularly on sports law subjects including, "Interpretation of contracts in a sporting context” and "Fixed term contracts in sports

    Employment

Lydia undertakes work in all areas of employment law and is instructed by both Claimants and Respondents at all stages of proceedings.   Lydia has a particular interest in disability discrimination and has experience of supporting clients and witnesses with disabilities through adjustments to the tribunal process including by way of example witness statements in braille, lip speakers and adjustments to the timings of hearings to accommodate rest periods.  Lydia is the co-author of a book on disability discrimination published through the Law Society.

Lydia is also available to provide representation in mediations and internal disciplinary proceedings.

Lydia appears regularly in Tribunals around the country and in the EAT.

Recent cases include:

An appeal in relation to the correct application of Polkey in the context of a career loss compensatory award

An appeal in relation to the correct approach to assessing pension compensation

Advise in relation to the TUPE implications of a merger

A claim against a finance house in relation to the employment status of junior limited liability partners, allegations of whistleblowing and issues regarding without prejudice documentation.

Defending a claim including multiple allegations of race discrimination and constructive unfair dismissal.

Advising employee representatives in relation to collective redundancy consultation.

    Education & Awards

Education

First Class degree, Law, Cambridge University (2003-2006)

Bar Vocational Course, ICSL, (2006-2007)

 

Awards

Queen Mother Scholarship (Middle Temple)

Senior Harris Scholar (Downing College)

Listed in the Who’s Who of Britain’s Young Entrepreneurs 2006

Listed in the Who’s Who of Emerging Business Leaders 2007 and 2008

    Talks & Publications

Talks

Recent topics include

  • "Directors duties”
  • "Interpretation of contracts in a sporting context”
  • "The Jackson reforms”
  • "Fixed term contracts in sports”
  • "Meaning of ‘Reasonable Endeavours’ clauses”
  • "Retirement and Age Discrimination”

 Publications 

Lydia is the co-author of a specialist text on disability discrimination law.  The book, "Disability Discrimination: Law and Practice Jackson & Banerjee (2013), is available through the Law Society and offers practical advice on managing disability in the work place and dealing with tribunal claims.

Lydia assisted Lord Hacking in preparing and collating a collection of papers on the Rule of Law including assisting Lord Phillips by updating his keynote paper.  The papers were published in The International Lawyer (2009).

    Professional Memberships

Commercial Bar Association (Combar)

British Association of Sports Lawyers (BASL)

Young Fraud Lawyers Association (YFLA)

Employment Law Bar Association (ELBA)

South Eastern Circuit (SEC)

Lawyers Christian Fellowship (LCF)

Call:     2007
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