selwyn bloch qc

Selwyn is a leading Employment Silk. Renowned for the texbook "Employment Covenants and Confidential Information", which is regularly cited to and by Judges, Selwyn regularly advises on substantial business and commercial disputes, and has particular experience in the interface between employment law and other disciplines such as intellectual property, fiduciary duties, partnership law and conflict of laws.

Selwyn's combination of knowledge, "superb advocacy" and the ability to "make highly complex arguments sound like common sense", mean that solicitors and clients favour him as their primary adviser. Solicitors describe how he is "wonderful before clients - so positive, so supportive and very direct in his advice" and "vastly intelligent, but without an inch of pomposity".

Selwyn is consistently rated as a leading Silk in employment law by Chambers & Partners and the Legal 500, who describe him in the following terms:

"one of the foremost experts at the Bar in the field of restrictive covenants and confidentiality" (Chambers & Partners 2013)

"colossus in the field" (Chambers & Partners 2013)

"the absolutely authority on restrictive covenants" (Chambers & Partners 2012)

"an incredible depth of knowledge and a wealth of practical experience" (Chambers & Partners 2012)

"terrific with clients and able to bring humour to difficult situations" (Chambers & Partners 2012)

"clear expert on restrictive covenant issues" (Legal 500)

"true gentleman who really knows his stuff" (Legal 500)

“clear, client-friendly and appealing to judges”, "accessible, practical and a persistent advocate"

"he would take some beating on any employment subject." He "gets stuck in and delivers sensible advice, with his feet firmly on the ground."

commercial

Selwyn deals with substantial business and commercial disputes (whether or not related to employment law). His extensive experience includes, in particular, disputes relating to confidential information, restrictive covenants in commercial agreements (including partnership agreements) confidential information, fiduciary duties, economic torts, disputes relating to directors, agents/consultants, and breach of contract and sports related disputes.

He has particular interest and experience in cases involving the “interface” between employment law, restraint of trade and other disciplines such as intellectual property law, partnership/LLP and commercial law.

Recent instructions:

to advise on incentive agreements subject to foreign law/jurisdiction;
by “magic circle” firm to review international LLP agreement of top accountants;
to plead confidential information and economics torts claims in conjunction with leading IP Silk (who was responsible for the design right aspect of the case)

Court of Appeal cases include:

Total Oil v White Nile [2007] (CA) - pre-action disclosure in commercial dispute/justiciability of disputes relating to foreign states
Fourie v Le Roux [2005] (CA) interim injunctive relief in support of fraud claim in foreign jurisdiction
Kuwait Oil v Al Badhr [2000] CA (leading case on conspiracy)

employment - high court

Selwyn has for many years been rated in the directories as a leading Employment Silk. His cases cover many industry sectors: finance, insurance, legal, media and sports.

Recent cases include:

Halstead v Paymentshield [2012] IRLR 856 (CA) – concurrent proceeding in High Court and Employment Tribunal (lifting of stay)
QBE v Dymoke [2012]IRLR 458 - team moves/springboard injunctions
Caterpillar v Huesca de Cream [2012] IRLR 410 [CA] – confidential information barriers

Tullet Prebon v BGC [2010] IRLR 648 - team moves

SG & R Valuation Service v Boudrais [2008] IRLR 770 - garden leave injunction where no garden leave clause

Paul Wurth v Siemens - springboard injunctions to stop team moves, Court of Appeal (2008)

Duarte v Black & Decker [2007] EWCH 2720 [2008] 1 All ER (Comm) 401 - restrictive covenants subject to foreign law

Thomas v Farr [2007] ICR 932 [2007] IRLR 419 (CA) - directors' non-competition covenants

Total Oil v White Nile [2007] (CA) - pre-action disclosure in commercial dispute/justiciability of disputes relating to foreign states

employment - ET and EAT

Selwyn has extensive experience of employment tribunal cases , including unfair dismissal, TUPE and discrimination. He has since 2000 sat as a part time Employment Judge.

Tribunal cases include:

Halstead v Paymentshield [2012] IRLR 856 (CA) – concurrent proceeding in High Court and Employment Tribunal (lifting of stay)
Cherfi v G4S Security Services [EAT/0379/10/DM 24.5.11] - religious belief
Plumer v Polestar [2012] - whistleblowing/alleged unfair dismissal of managing director
Beloff v ALI and Ofsted (EAT/0238/07 30/1/08) - redundancy and TUPE consultation re. employees in Crown employment
Thompson v the Tote (interim relief – whistleblowing)

Partnership/LLPs

Selwyn advises regularly on partnership/LLP agreements and advises and appears in disputes involving partners/ and LLP members (including solicitors and accountants firms).

Most recent instructions include:

Advising “magic circle” firm in review of international LLP agreement of top accountants [2012];
Appearing in partnership successful injunction application before the High Court and thereafter appearing at mediation of the dispute: Blue Sky v Sage [2011]
To advise on garden leave and confidential information and restrictive covenants in LLP and employment contracts of accountancy firm [2012]

Speaker at LexisNexis seminar on 27 November 2012 on Partnership Law for employment lawyers

Sports law

Selwyn has appeared and advised in many cases involving a wide variety of sports. These cases have involved litigation in the High Court and disputes before regulatory bodies

Football: case involving Premier League player wishing to change clubs; case involving interpretation of Premier league manager’s contract
Cricket: case (heard at Lords) against cricketer seeking to renege on contract with county cricket board
Rugby: injunction; cases involving merchandising and other contractual rights
Boxing: injunction

Mediation

Trained Mediator with over 12 years of experience of mediation.
Selwyn believes in the importance of alternative dispute resolution in litigation.
He acts as advocate in mediations and advises on mediation presentation and strategy.
The mediations typically involve high value employment claims where his substantial employment law experience and other skills are considered likely to assist consensual resolution.
Also mediates in claims outside the employment law area, such as agency and general commercial claims.

Silk: 2000 | Call: 1982
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