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LUCY BONE

 

"An acclaimed senior junior who is praised for her grasp of detail and understanding of commercial reality… A dogged and brave advocate, she will press points even if the judge may not be with her in the beginning" Chambers and Partners, 2015

"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

 

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 Bar’s Professional Conduct Committee. Lucy has recently been appointed as Special Advisor to the Equality and Diversity 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.

  • Phaidon v. Kostromski [2015]: instructed on injunction raising issues about use of Linked-In and other social media and whether it amounted to solicitation.
  • Berthold Bauer v. Harwood [2014]: obtained injunction and advised on enforcement and committal proceedings on suspected breach of the Order.
  • 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.

    Commercial Litigation

Lucy undertakes general commercial work with an emphasis on business protection and unlawful competition, directors’ duties and fiduciary duties. Recent cases include:

  • Re A Specialist Underwriter [2015]: currently advising an underwriter at Lloyds on potential action against former director who has set up in competition.
  • Clinisupplies v. Karen Park [2012] EWCH 3209 Ch D: represented the Defendant on the 3 day hearing, and succeeded overturning order due to breach of the duty of full and frank disclosure. Resisted application for Norwich Pharmacal relief; obtained costs at the interim stage and 50% payment on account.
  • 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. Listed for 4 day speedy 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;
  • 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.


    Directors' Duties, Partnership and LLP 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:

  • Re a Chartered Accountancy LLP [2015]: currently advising the sole director of a corporate member of an LLP on exiting the LLP and setting up a competing business as an individual.
  • 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;
  • 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:

  • MacFarlane v. Berrymans [2015]: Successfully defended well-known firm in high profile dismissal of partner for dishonesty
  • Mann v. Siemens Limited [2014] Acted for the Claimant in highly charged claim of race discrimination brought by Jewish woman against major German firm Siemens. Cross-examined several members of Siemens’ board and its Attorney General.
  • Steptoe v. Hertfordshire Constabulary [2014]: successfully represented the Police in disability discrimination complaint.
  • Colomar-Mari v. Thomson Reuters [2013]: successfully resisted appeal to EAT on question of when repudiatory breach is waived by conduct.
  • 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

relation to internal disciplinary hearings, both chairing and representing, and has experience of appeals of regulatory decisions with recent experience including:

  • Re a Private School [2015]: instructed by the family of a 13 year old boy suspended then excluded for alleged drug taking. Advised on injunctive relief and negotiations generally.
  • Consultant Urological Surgeon v. Surrey and Sussex NHS Trust [2015] Advising doctor accused of malpractice and misconduct, including parallel employment tribunal proceedings and GMC reference.
  • Consultant Gynaecologist v. NHS Trust [2013-2014]: acted (with Jeff Bacon) in an internal disciplinary matter for a consultant gynecologist facing 350 charges of malpractice. Advised on issues arising from GMC proceedings. Represented at hearing and successful in achieving a conditional return to work.
  • Payne v. General Optical Council [2013]: acted for the GOC in resisting the appeal against refusal of student registration where the student had been convicted and imprisoned in Brazil for attempted drug trafficking.
  • 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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