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Old Square Chambers

Chambers of Mark Sutton QC

Work 020 7269 0300
Fax 020 7405 1387
Bristol, London

Old Square continues to dominate the most high profile cases of individual, collective and group action in employment and discrimination, and those testing legal frontiers. 

Mary O’Rourke and Nicola Newbegin acted in Dr Eva Carneiro v Chelsea FC & Jose Mourinho, the most widely covered individual dispute this year. The former first team doctor sued Chelsea for constructive unfair dismissal and sex discrimination and secured a confidential settlement on day 2 of the hearing, shortly before Mr Mourinho was about to give evidence.

Junior Doctors Dispute - Mark Sutton QC, Nadia Motraghi and Corinna Ferguson acted in the most high profile collective dispute of the year, instructed by the British Medical Association in the judicial review against Jeremy Hunt’s decision to implement a new junior doctor contract affecting 50,000 junior doctors. The BMA argued Jeremy Hunt failed to comply with the Public Sector Equality Duty to eliminate discrimination, particularly for women and the disabled. John Hendy QC and Katharine Newton played key roles in ensuring the strike action was lawfully conducted, Melanie Tether dealt with connected contractual issues and Ijeoma Omambala represented the British Dental Association.

In Lock –v- British Gas,Simon Cheetham and Victoria Webb secured critical advances in holiday pay affecting millions of UK workers, successfully arguing that holiday pay should reflect commission and overtime payments. This EAT victory follows on from the decision in the European Court of Justice, where Michael Ford QC and Simon Cheetham established the principle.

John Hendy QC, Ben Cooper and Alex Just acted in the infamous blacklistinglitigation on behalf of hundreds of workers against multiple big name firms in the construction industry for blacklisting based on their trade union membership or activities. The High Court action ultimately resulted in confidential settlement for hundreds of workers in a deal estimated in the media to be worth £75million.  

In McCloud v Lord Chancellor - Ben Collins QC is representing the Lord Chancellor defending a group action brought by numerous judges alleging sex, race and age discrimination arising from changes to judicial pensions. It has wide ranging ramifications for public sector pensions as a whole and is listed as one of The Lawyer’s Top 20 Cases of 2016.

Old Square continues to be market leaders for cases involving complex remedy issues. In Dr Mattu v University Hospitals of Coventry and Warwickshire NHS TrustJane McNeill QC represented Dr Mattu who was awarded £1.22million for his whistleblowing claim, one of the largest ever Tribunal awards.

Beyond employment, Old Square has acted in seminal public law cases. Ben Collins QC represented the CICA in the Supreme Court in CICA –v- FFT which involved the question as to whether women should be criminalised for harming an unborn child.

In Child Soldiers InternationalBen Collins QC and Sophie Beesley successfully defended a judicial review alleging the minimum service periods soldiers must serve before being able to move to the reserve list were discriminatory.

Old Square is at the forefront of advising employers, employees and unions on the legal implications of Brexit. Pre referendum, Old Square was the only chambers to hold a seminar on legal implications for employment and related areas and the TUC instructed Michael Ford QC to produce advice subsequently published online for public use. His seminal work has formed the foundation for post referendum analysis. 

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