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Call: 2012
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Mark Humphreys
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MARK HUMPHREYS

Mark specialises in employment and discrimination matters. He is regularly instructed to appear in the Employment Tribunal, and has appeared in the Employment Appeal Tribunal, the County Court and the Court of Appeal.

Mark has extensive business experience from his time prior to coming to the Bar, having been a successful banker dealing in complex financing transactions, a statutory director of a number of companies and a chartered accountant with Deloitte.

 

    Professional Experience

2007-2010:Gazprombank Financial Services (UK) Ltd, Managing Director and member of the Board of Directors.

2000-2007:Dresdner Bank AG, Director working on structured financing and equity capital markets transactions for Dresdner’s Russian clients, typically banks and large corporate entities.

1993-2000:Deloitte LLP, Senior Manager within the audit group working in both London and New York on banking and capital markets clients including Merrill Lynch, Morgan Stanley and Bear Stearns.

 

    Employment & Discrimination

Mark is regularly instructed to appear before the Employment Tribunal, both on his own and as a junior, as well as to prepare opinions, and draft pleadings and other documents. Mark specialises in all aspects of employment law, with a particular emphasis on discrimination and whistleblowing claims. He has also appeared before the Employment Appeal Tribunal, the County Court and the Court of Appeal.

Mark’s instructions have included:

  • Successfully defending claims of whistleblowing, disability discrimination, victimization and harassment in a 10 day trial.
  • Trials on liability, included discrimination, whistleblowing and unfair dismissal claims, acting for both Claimants and Respondents.
  • Appearing at Preliminary Hearings, both to set case management directions and trials of substantive preliminary issues. The latter group has included hearings on the issues of disability, employee and worker status, limitation and the Tribunal’s jurisdiction more generally.
  • Trials on remedy, including dealing with issues of mitigation, causation and the effect on compensation of self-employment after termination.
  • Drafting ET1s and ET3s, witness statements and directions.
  • Drafting Particulars of Claim in a case brought in the High Court against former employees, alleging breach of confidence, breach of contract, and unlawful means conspiracy, and seeking delivery up of confidential information.

Whistleblowing and Discrimination cases

Mark has particular experience of whistleblowing and discrimination claims. His recent instructions have included:

  • Successfully defending claims in a 10 day trial which included claims for whistleblowing, disability discrimination, victimization and harassment.
  • Being instructed for the Respondent in a 21 day trial including claims of discrimination and whistleblowing in the financial services industry. The case settled immediately prior to trial.
  • As a junior in two separate high value City discrimination claims.
  • Drafting an opinion for a Claimant on the prospects of a whistleblowing claim (both automatic unfair dismissal and detriment).
  • Drafting witness statements, requests for further information, and responding to such requests, each in separate whistleblowing and discrimination claims.
  • Representing both Claimants and Respondents at Preliminary Hearings including dealing with issues such as whether a protected disclosure had been made and its scope, and issues of privilege and disclosure.

Appellate Work

Mark has appeared three times before the Employment Appeal Tribunal, once at a Preliminary Hearing and twice at Full Hearings, including: Windle & Arada v Secretary of State for Justice [2014] IRLR 914. The case concerned the meaning of employee for the purposes of discrimination legislation and drew significantly on the European jurisprudence on discrimination. Mark also appeared in the same case in the Court of Appeal: Secretary of State for Justice v Windle & Arada [2016] EWCA Civ 459.

    Commercial Work

Mark also accepts instructions in commercial cases for both court and written work. In doing so he has been able to draw on his considerable commercial experience both for analysing commercial disputes and in dealing with clients.

Court Trials and Applications

Mark has been instructed to appear in the County Court in the following matters:

  • Applications seeking relief from sanctions pursuant to CPR 3.9.
  • Applications to set aside judgment in default pursuant to CPR 13.3.
  • Applications to strike out pursuant to CPR 3.4 and PD 3A.
  • A number of small claims under CPR Part 27.
  • Applications in respect of costs.
  • Case Management Discussions to set directions for trial, including the consideration of costs budgets.
  • Mark has been instructed to appear in trials in the County Court dealing with breach of contract; professional negligence; the defence of duress and alleged breaches of the Data Protection Act.

Written Work

Mark’s written commercial work has including settling a wide range of pleadings, dealing with witness statements and other documents, and preparing opinions. This has included being instructed to:

  • Prepare Particulars of Claim in breach of contract cases, including issues arising under the Sale of Goods Act.
  • Prepare the Defence in breach of contract cases, including cases that raise issues under the Sale of Goods Act, the Supply of Goods and Services Act and the Unfair Contract Terms Act.
  • Prepare a Reply and Defence to Counterclaim and a Request for Further Information under CPR Part 18 in a claim for unpaid commission.
  • Drafting and reviewing witness statements, both in respect of applications and in preparation for trial.
  • Drafting application notices and draft orders, under CPR 3.4,3.9 and 13.3 in preparation for making such applications before the Court.
  • Drafting applications, and the witness statement in support, for service outside of the jurisdiction CPR Part 6(IV).
  • Mark has also prepared opinions on cases involving breaches of directors’ duties; the alleged fraudulent execution of a commercial contract; the interpretation of an LLP agreement; and consulting obligations following a company restructuring.

    Talks, Lectures and Articles

Mark regularly writes and speaks on employment and commercial matters, and a selection of his talks and articles is set out below. He is always happy to consider requests to talk or write in these areas.

Employment talks and articles

Mark has recently spoken to several solicitors’ firms about the law of constructive unfair dismissal looking at the most recent appellate cases.

Mark has also written a number of articles on employment law including:

Commercial talks

Mark has spoken to solicitors’ firms about claiming interest in the commercial courts looking at the impact of some of the most recent cases in this area. He has also given talks on share sale agreements and in particular the role of notice provisions, again with the emphasis on the most recent case law.

Mark spoke at the English Law conference in Moscow, organised by the Bar Council, about the law of reflective loss and pursuing claims against directors acting in breach of their duties.

    Qualifications, Prizes and Awards, and Professional Memberships

Qualifications

2012: Bar Professional Training Course: Outstanding

2011: Law Conversion course: Distinction

2008: Masters Degree in Philosophy, University of London

1996: Institute of Chartered Accountants in England & Wales: Chartered Accountant

1991: Bachelors Degree in Modern History and Economics, Oxford University

Awards and Prizes

2013: Baron Dr Ver Heyden de Lancey Prize – Awarded to the Middle Temple student placed top on the Bar course

2012: Everard Ver Heyden Foundation Prize – Awarded by City University for performance on the Bar course

2011: Astbury Scholarship – Major Scholarship awarded by Middle Temple

2011: Winner, Oxford University Press National Mooting competition

2010: Winner, Maitland Chambers Advocacy competition

Professional Memberships

  • The Employment Law Association
  • The Industrial Law Society
  • The Discrimination Law Association
  • The Employment Law Bar Association
  • The Commercial Bar Association
  • The Chancery Bar Association

Other Interests

Mark is the Treasurer, a member of the board of trustees and a fellow of the Royal Geographical Society. He also has a keen interest in mountaineering and has climbed the highest peaks in both the Arctic and Antarctic.

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