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Niran de Silva
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NIRAN DE SILVA

 
"Applauded for his extremely commercial approach”. "Singled out for his work on cases involving social media issues, and is also well known for advising both claimants and respondents on City-based claims” 
Chambers and Partners 2015

"He offers commercial and sensible advice, which can be taken to a business without the need to translate it into layman's terms." "He has an impeccable sense of judgement." "[His] ability to infuse his advice with an element of pragmatism owes a lot to his commercial background.” 
 Chambers and Partners 2014

 "Notable experience in high value discrimination claims and in restrictive covenant claims”. 
Chambers and Partners 2013

 "Very bright” and "clear and concise” 
Chambers and Partners 2012

Niran is a leading junior barrister, specialising in employment and commercial law.  He has a reputation for his robust advocacy and sound commercial judgment with particular expertise in disputes in the financial services sector.  In particular, he has been instructed in numerous restrictive covenant and whistle blowing cases in this area.

Having worked as an equity derivatives broker in the City, Niran has a good understanding of complex financial products and is regularly instructed in cases involving financial services regulation. He is available to provide a popular and highly-regarded seminar on FCA regulatory issues.

He was also Counsel to the Metropolitan Police in the Morris Inquiry into Professional Standards in the Metropolitan Police Service.

Niran regularly acts in commercial disputes between companies, including having appeared in the leading cases on the entitlement of utility companies to recover the costs of repairing negligent damage to their networks.

He is also the sub-editor of Parker on Election Law, the leading textbook on the subject, and advises and acts for returning officers and petitioners in election petitions.
 

    Employment

Niran regularly represents companies and individuals in high-value wrongful dismissal and bonus claims in the High Court, the Employment Tribunal and the EAT. 

 Recent reported cases include:

  • Bear Scotland v Fulton and Baxter [2015] ICR 221 EAT. Landmark judgment on in inclusion of non-guaranteed overtime in holiday pay
  • Embassy of Brazil v de Castro Cerquira [2014] 1 WLR 3718. Important judgment on service of proceedings on foreign states
  • Allen v Hounga [2014] 1 WLR 2889. Supreme Court determination on illegality as a defence to discrimination claims  
  • Brennan v Sunderland & Others [2012] ICR 1183 EAT. Leading case on contribution claims in employment claims under the Civil Liability (Contribution) Act 1978. 

Other important recent cases include

  • Several restrictive covenant and garden leave cases in the High Court including Whalley v CSS and TUI Travel v Nugent & Others 
  • UNISON and Unite v Action for Children (ET 2013): collective redundancy claim  arising from restructuring  
  • Fox v Basstlaw.(EAT 2013) Abuse of process in Employment Tribunal claims (applying leading case of Verdin v Harrods Ltd [2006] IRLR 339 in which Niran also appeared) 
  • Ajar-Tec v Stack [2012] EWCA Civ 543. Appeal concerning the alleged employment status of a company director and shareholder 

    Commercial

Niran’s commercial work covers a range of court and advisory work.

Recent cases include:

  • successfully acting for a telecommunications provider in a multimillion pound commercial arbitration
  • successfully defending contempt proceedings for alleged breach of a freezing order granted in the Commercial Court
  • appearing on behalf of a film distributor in injunctive proceedings arising from alleged breaches of its licence
  • advising the purchaser in dispute arising from the sale of an insurance brokerage
  • appearing for a beneficiary in satellite litigation arising from a family trust dispute in the US

 He also appeared in the following leading cases:

  • Gwynedd Council v BT [2004] All ER 975 CA on the recoverability of costs under the New Roads and Street Works Act 1991 and 
  • BT v Geraghty & Miller (2004) LTL 21 September on claiming fixed overheads as damages in tort

Niran lectures on a range of topics including Contribution Claims, Commercial Arbitration and Electronic Disclosure in Commercial Litigation.


    Sports Law

Niran has experience of a wide variety of sports related ligation. He regularly acts for League and non-League football clubs in litigation against former executives, managers and players.

 He has also advised and appeared on behalf of sports federations in commercial and employment disputes, for example in karate and surfing, and on behalf of commercial organisations, for example a Formula 1 team.

 He recently advised an Olympic shot putter in relation to litigation arising from a disputed drugs ban.


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