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James Wynne
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JAMES WYNNE

 

"His advocacy is excellent, and he manages to tie down slippery witnesses with his cross examination”

"adept at handling cases with complex factual backgrounds”

(Chambers & Partners 2015)

James’ practice covers individual employment law, collective/trade union aspects of labour law, commercial and commercial/employment crossover disputes, regulatory and disciplinary matters and professional liability.

James has acted in high profile discrimination, TUPE and collective matters. He regularly appears at the EAT and a number of his appellate cases have been reported. He also contributes to leading publications including those on TUPE, industrial action, tribunal remedies and discrimination.

James’ commercial expertise includes contractual disputes, directors duties, partnership, shareholder rights, soft IP, copyright and passing off, unjust enrichment, the sale and supply of goods and services, conflict of laws (including anti-suit injunctions), insolvency and employment agency contracts.

James’ practice regularly involves international disputes and foreign jurisdictions. He has rights of audience before the DIFC Courts in Dubai, where he has undertaken full trials at first instance and appeals before the DIFC Court of Appeal.

Before studying law James worked both for the Ministry of Defence and in the private sector.

 

 

    Employment & Collective/Trade union

James’ practice involves advocacy and advisory work at all stages of litigation. His work covers tribunals, County Court, High Court and Court of Appeal, multi claimant and test cases.

His practice areas include all statutory employment claims with particular emphasis on TUPE, collective issues and industrial action, interim relief, whistleblowing, discrimination and employee/worker status. Instructions include:

  • Acting for a senior officer of Unite in a successful claim alleging sexual harassment and discrimination against the union and its senior officials including its Chief of Staff, Nailard v Unite the Union, with coverage in the Independent;
  • Acting for a number of airlines (from national carriers to private jet operators) in claims including discrimination and whistleblowing;
  • Acting for and advising insolvent transferors;
  • Advising a party to a £100m plus property transaction on TUPE and trade union recognition.
  • Advising a charity undertaking public sector service provision;
  • Advising on pension rights and obligations;
  • Successfully defending a broadsheet newspaper against claims of unfair dismissal and age discrimination from a senior journalist,Gimson v Telegraph Media Group Limited, with coverage in the Guardian and Private Eye;
  • Acting for the claimant in a £10m career loss sex discrimination claim which was settled on confidential terms close to full hearing;
  • Advising on the dismissal of a senior executive following alleged whistleblowing.

James’ practice includes High Court bonus claims and actions protecting business assets, including claims for breach of fiduciary duties and applications for injunctions to enforce restrictive covenants and obtain springboard relief. 

Recent instructions include:

  • Setting aside an improperly obtained search order
  • Claims in the High Court against a well-known fashion house by a senior executive
  • Advising individuals on the effect of their fiduciary duties on the pursuit of their ‘outside interests’
  • A claim following a conspiracy to divert insurance business and poach existing employees
  • A claim against an existing employee for diverting a future substantial business opportunity
  • Defending an individual at an injunction application alleging breach of database rights and duties of confidence.

James regularly advises on industrial action and trade union matters. He has represented a number of organisations during national strike action, and advised employers on their dealings with trade unions and the applicable legal frameworks. He has broad experience of trade union related statutory employment rights including consultation, detriment and dismissal claims, blacklisting, and rights against trade unions such as the s64 TULR(C)A 1992 right not to be unfairly disciplined.

James has written or contributed to a number of publications including: Editor of the Employment Tribunal Remedies Handbook (2nd edition) 2015, chapters to The Law of Industrial Action and Trade Union Recognition, 2ndEd 2011 (OUP), and the leading loose leaf "Transfer of Undertakings” (Sweet and Maxwell).


    Commercial & Commercial/Employment Crossover

James’ commercial expertise includes contractual disputes, directors duties, partnership, shareholder rights, soft IP, copyright and passing off, unjust enrichment, the sale and supply of goods and services, conflict of laws (including anti-suit injunctions), insolvency and employment agency contracts. 

Recent instructions include

  • Obtaining an injunction for a charity to prevent passing off
  • Acting for claimants following fraud and misrepresentation in relation to an investment
  • Advising on the operation of a charity’s constitution
  • Advising on copyright to the content of a website
  • Acting for the defendant in a claim brought by a Lloyd’s syndicate
  • Advising on interim relief in the High Court in relation to foreign arbitral proceedings
  • Acting for the claimant in the High Court to obtain repayment of a substantial loan
  • Acting for one bank against another bank following a mortgage fraud.

James’ practice regularly involves international disputes and foreign jurisdictions. He has rights of audience before the DIFC Courts in Dubai, where he has undertaken full trials at first instance and appeals before the DIFC Court of Appeal.

James’ practice includes High Court bonus claims and actions protecting business assets, including claims for breach of fiduciary duties and applications for injunctions to enforce restrictive covenants and obtain springboard relief. Recent instructions include:

  • Setting aside an improperly obtained search order;
  • Claims in the High Court against a well-known fashion house by a senior executive;
  • Advising individuals on the effect of their fiduciary duties on the pursuit of their ‘outside interests’;
  • A claim following a conspiracy to divert insurance business and poach existing employees;
  • A claim against an existing employee for diverting a future substantial business opportunity;
  • Defending an individual at an injunction application alleging breach of database rights and duties of confidence.

    Disciplinary, Regulatory & Professional Liability

James is a member of the Littleton Disciplinary and Regulation Group. 

His experience includes:

  • Professional body disciplinary and regulatory panels
  • Cases involving doctors, nurses and teachers
  • Cases involving internal disciplinary proceedings, injunctive relief, tribunal claims and regulatory proceedings
  • Acting as a legal assessor to the General Optical Council.

James has worked with solicitors on complex internal investigations and has acted at internal disciplinary hearings.

James’ practice also covers advice and advocacy in claims for professional liability. 

Recent experience includes:

  • Claims against solicitors firms for negligent advice and representation
  • Claims against trade unions for breach of terms of membership and negligent representation
  • Claims against barristers for negligent advice (and on one occasion, allegedly discriminatory advice).

James acts for individuals and organisations.

    Appellate

James is regularly instructed on appeals to the EAT, and has appeared in the Court of Appeal in England and in Dubai (at the DIFC). 

Some of his notable instructions include:

  • Kahiga v London Borough of Barnet, July 2015 CA (unreported)
  • Hannah al Herz v DIFC Authority CA 004/2013
  • Marwan Lutfi v DIFC Authority CA 003/2013
  • Gebremariam v Ethiopian Airlines Enterprise (t/a Ethiopian Airlines) [2014] IRLR 354
  • Seawell Ltd v Ceva Freight (UK) Ltd [2012] IRLR 802
  • Kerr v Ernst & Young Services Ltd [2011] ICR D13
  • Sheffield Forgemasters International Ltd v Fox [2009] IRLR 192
  • David Wilson Homes Ltd v (1) Glass (2) Horner [2008] All ER (D) 120 (Jun)
  • Northgate HR Ltd v Mercy [2008] IRLR 222 CA
  • Humphries v Chevler Packaging Ltd UKEA T/0224/06, IDS Brief 819 (December 2006)
  • Real Time Civil Engineering Ltd v Callaghan [2006] All ER (D) 222 (Jan)
  • Voith Turbo Ltd v Stowe [2005] IRLR 228 EAT.

    Sector Experience

James has experience of a wide range of business areas and the public sector. He acts for businesses and employees. 

His sector experience includes:

  • Public sector: local government and education, healthcare (both NHS and private) and police
  • Charities: from large national organisations to small local charities
  • Retail: including several supermarket chains, other leading high street names and internet based retailers
  • Engineering, construction and manufacturing: ranging from mining and steel, house and office builders to precision manufacturing
  • Media, Technology and Communications: including national broadcasters, a broadsheet newspaper and other publishers, a number of software companies from multinationals to niche players and consultancies
  • Outsourcing and logistics: acting for and against a number of well known national and international organisations;
  • Airlines: national carriers, regional airlines and niche private jet operators
  • Professional services: solicitors’ firms, high street and investment banks, insurance, and other parts of the financial sector.

    Personal Background

James has a masters in Labour Law from LSE, where he wrote his dissertation on the application of the acquired Rights Directive and TUPE to insolvent transferors.

James has an LLB from UCL and an engineering degree from Cambridge University where he was awarded the Unilever prize. He wrote for IDS whilst undertaking his BVC, contributing articles on employment law developments and several chapters of the Disability Discrimination Handbook. He has worked as an engineer both for the Ministry of Defence and in the private sector.

James contributes to the loose leaf "Transfer of Undertakings” (Sweet and Maxwell), and contributed chapters to The Law of Industrial action and Trade Union Recognition, 2nd ed 2011 (OUP) and equality act 2010: a Guide to the new Law, 2010 (Law SocietyPublishing). He is editor of the Employment Tribunal Remedies Handbook (2ndedition) 2015

James has competed at national level in two sports and twice been a national champion in his age group whilst serving in the Territorial Army. He is a keen cyclist and rock climber.


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