Chambers of Jane McNeill QC & Nigel Cooksley QC
10-11 BEDFORD ROW, LONDON, WC1R 4BU, ENGLAND
- Tel:
- Work 020 7269 0300
- Fax:
- Fax 020 7405 1387
- DX:
- 1046 LONDON CHANCERY LANE
- Web:
- www.oldsquare.co.uk
- Email:
Mark Sutton QC
- Tel:
- Work +44 20 7269 0300
- Email:
Position
In the past year, as well as appearing in a number of complex and high-value hearings before the employment tribunal, Mark has undertaken a number of significant cases before the Employment Appeal Tribunal, High Court and Court of Appeal which have considered interesting and novel points of employment law – several of which have been reported. Examples are given below. His practice is primarily focused on employment law, with a leaning towards litigation involving doctors and other professional persons. He is regularly engaged in cases before the High Court, often seeking or resisting claims for injunctions in connection with the conduct of internal disciplinary procedures affecting doctors and others working in the health sector. Aside from medical cases, he appeared before the Court of Appeal, acting on behalf of Abbey National, in an appeal which raised a number of important legal issues including the basis on which future losses should be calculated in discrimination cases, and in particular the applicability of the Polkey principle and the recoverability of stigma damages. He recently appeared before the High Court on behalf of the successful respondent in an appeal concerning the recoverability of career losses (£3.8m claimed) in a claim for wrongful dismissal. The case considered, for the first time, the impact of the House of Lords judgment in Johnson v Unisys in relation to the measure of damages in such cases. Another noteworthy appeal concerned the application of the statutory grievance procedures to a constructive dismissal claim where the ‘last straw’ doctrine was relied upon by the employee. Significant work/case highlights over the past 12 months include: West London Mental Health Trust v. Sarkar [2009] IRLR 512; Edwards v Chesterfield Royal Hospital NHS Trust [2009] IRLR 822; Thornton Print Ltd v Morton, [2008] All ER (D); Abbey National Plc v Chagger Plc v. Chagger [2009] IRLR 86; Southend University Hospitals NHS Trust v Chauhan.
Career
Called 1982, Middle Temple; appointed part-time Employment Tribunal Chairman 2000; legal adviser to British Psychological Society; lectures regularly on employment law and on Middle Temple advocacy programme.
Member
Industrial Law Society; ELBA; ELA.
Education
BA Hons Dip Law.
Practice Areas
Employment; Professional disciplinary and regulatory law (including police law)
