The Legal 500

Work Department

Employment, discrimination law and product liability.

Position

Marcus is a barrister of seven years call specialising in employment and discrimination law and product liability. He is recognised as “up and coming” in both fields by Chambers & Partners 2010 edition and also as a “coming star” in product liability by the Legal 500 2009 edition. Employment: Marcus represents employer and employee clients across the full range of employment work before Tribunals, the EAT and the Courts. Marcus’ practice has enjoyed continued growth in 2009 and he has been instructed in a number of high-profile and important cases, both as part of a counsel team and alone. He now has many repeat clients from a mixture of unions and across a range of public and private sectors. He is regularly instructed in complex multi-day discrimination cases. Marcus seeks to provide a modern accessible service with emphasis on excellence and attention to detail. In addition to traditional litigation, Marcus is instructed to draft employment Bills for Private Members to introduce to Parliament. In 2004, he drafted the Gangmasters (Licensing) Bill for Jim Sheridan MP and in 2007 the Temporary and Agency Workers (Prevention from Less Favourable Treatment) Bill for Paul Farrelly MP. The former is now enacted as the Gangmasters (Licensing) Act 2004 and in April 2007, Marcus was invited to appear on BBC News 24 and the BBC Six O’Clock News commenting upon the structure of that Act. Marcus has further acted as a consultant to BBC Radio 4’s Moneybox programme (February 2010). Recent case highlights include: (1) Edwards v Chesterfield Royal Hospital NHS Foundation Trust – Court of Appeal: forthcoming, April 2010; (2) EDF Energy Powerlink Limited v National Union of Rail, Maritime and Transport Workers – Court of Appeal: 26.1.2010 (not yet reported) (Rix LJ, Sir Richard Keene); High Court QBD: 22-3.10.2009 [2010] IRLR 114 (Blake J); (3) British Airways Cabin Crew Litigation – Malone & Others v British Airways Plc (Unrep, Butterfield J, 5.11.09); British Airways Plc v UNITE the Union [2009] EWHC 3541 (QBD) 17.12.09 (Cox J); (4) English v Thomas Sanderson Limited – Court of Appeal: [2009] 2 CMLR 18; [2009] ICR 543; [2009] 2 All ER 468; [2009] IRLR 206; The Times 5 Jan 2009; [2008] EWCA Civ 1421 (Laws, Sedley, Lawrence Collins LLJ); (5) Barbara Carl v University of Sheffield – EAT: [2009] 3 CMLR 21; [2009] ICR 1286; [2009] IRLR 616 (HHJ Clark & members); (6) Grace v. BF Components Ltd; Enfield Technical Services Ltd v. Payne – Court of Appeal: [2008] ICR 1423; [2008] IRLR 500; The Times 2 Jun 2008; [2008] EWCA Civ 393 (Pill, Maurice Kay and Lloyd LLJ); EAT: [2008] ICR 30; [2007] IRLR 840 (Elias P). Product liability: Marcus has gained considerable experience of cases brought under Part I of the Consumer Protection Act 1987. He was instructed to represent the claimants in one of the leading cases proceeding through the Courts: the Sabril Group Litigation (see below). Further, in late 2008 he litigated an eight day product liability trial in the High Court (Pinder, see below). As well as dealing with a range of smaller matters, Marcus is currently preparing for another major High Court trial, due in January 2011, (Jackson, see below). Marcus seeks to provide a modern accessible service with emphasis on excellence and attention to detail. Marcus has an active research interest. In September 2008, he commenced a research degree focusing on Directive 85/374/EEC which underpins the domestic civil product liability regime. He is also a member of the Product Liability Forum of the British Institute of International and Comparative Law. In 2009, Marcus lectured on product liability at seminars both in London and abroad and he participated in a number of international comparative law research projects. Recent Case Highlights include: (1) The Sabril Group Litigation – High Court QBD (Beatson J), Costs Litigation (Senior Costs Judge Hurst); (2) Alan Jackson v Suzuki GB Plc – High Court QBD; (3) Pinder v Fox Racing Shox – High Court QBD (Plender J); (4) Paul Gallagher v Merlin Cycles Limited & Others – Kendal County Court; (5) Adrian Goodwin & Another v Bayerische Motoren Werke (BMW) AG & Others – Hereford County Court.

Career

Called 2002; Gray’s Inn; appointed 2008 to the Attorney General’s C Panel; involved in advocacy training at Gray’s Inn and is a judge for their annual mooting competition. Publications: ‘Transferred Discrimination in European Law: Coleman v Attridge Law’ (2008) 37 Industrial Law Journal 384 (with Simon Forshaw); ‘Direct and Indirect Discrimination: is there something in between?’ (2008) 37 Industrial Law Journal 347 (with Simon Forshaw); ‘A Dog’s Dinner Reconsidering Contractual Illegality in the Employment Sphere’ (2008) 37 Industrial Law Journal 279 (with Simon Forshaw); ‘Taking Discrimination Personally: An Analysis of the doctrine of transferred discrimination’ (2008) 19 Kings College Law Journal 265-292 (with Simon Forshaw); contributor to discrimination in ‘Employment Tucker and George’ (eds), Sweet & Maxwell 2007; ‘Illegally Formed Contracts of Employment and Equal Treatment at Work’ (2005) 34 Industrial Law Journal 157 (with Simon Forshaw); chapter on Product Liability (with Professor Howells) in The Cambridge Companion to EU Private Law (Dr Twigg-Flesner, ed), May 2010; ‘Expert Evident: The Requirement of Independence’ [2008] Journal of Personal Injury Law 224 (with Charles Pugh); ‘The Development Risk Defence – Knowledge, Discoverability and Creative Leaps’ [2004] Journal of Personal Injury Law 258 (with Charles Pugh). Forthcoming publications: Loose-leaf practitioner textbook on Discrimination Law (to be published by OUP); an article on possible soft law reform of the Product Liability Directive (with Professor Howells and Dr Fairgrieve).

Languages

English, German.

Member

Employment Law Bar Association; Employment Lawyers Association; European Employment Lawyers Association; Discrimination Law Association; Industrial Law Society; Product Liability Forum at the British Institute of International and Comparative Law; Personal Injuries Bar Association.

Education

Royal Grammar School, High Wycombe; St John’s College, Oxford (2001 MA Hons English Law with German Law; third year at Universität Regensburg, Germany).

Practice Areas

Employment; Personal injury - either side; Product liability