Lydia Banerjee (nee Carter)

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 and employment law. Lydia’s commercial practice encompasses disputes including contractual interpretation, professional negligence and directors’ duties. 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 children’s 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:

“I was blown away by her level of dedication”

“Diligent, responsive and down to earth”

“Lydia was very comforting at a time of great stress”

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

commercial

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 involved in several injunction applications in which members of chambers were appearing including an appeal to the Court of Appeal. 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 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 a contributor to the Sports Insights publications and her most recent article addressed the implications of the financial fair play rules. Lydia also speaks regularly on sports law subjects including, “Interpretation of contracts in a sporting context” and “Fixed term contracts in sports”.

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

A dispute between a player and sponsor regarding image rights
A debt claim against a former professional sportsman
A 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

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 appears regularly in Tribunal and the EAT and is also available for mediations. 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.

A ten day hearing for a client with hearing and sight impairments using tribunal lip speakers. The claim concerned allegations of race and disability discrimination.

Education and 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 and Publications

Talks:

“Directors duties”
“Interpretation of contracts in a sporting context”
“The Jackson reforms”
“Fixed term contracts in sports”. “Meaning of ‘Reasonable Endeavours’ clauses”

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 writes regularly for the Littleton Insights Publications including a recent article on the financial fair play rules in football.

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)

Employment Lawyers Association (ELA)

Industrial Law Society (ILS)

South Eastern Circuit (SEC)

Lawyers Christian Fellowship (LCF)

Call: 2007
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