Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Jo Phoenix v The Open University
Defending a discrimination claim based on a protected belief.
Jane Mulcahy KC
“Jane is an absolutely outstanding KC.”
Chambers & Partners, 2024
“Jane is an exceptional advocate who can be relied upon to make the most difficult of concepts clear and understandable.”
Legal 500, 2024
“Jane's advocacy is excellent, and she is very approachable and very good with clients.”
Chambers UK, 2023
“Jane’s advocacy is first class. She’s able to expertly convey her arguments in a compelling manner.’”
Legal 500, 2023
“She is razor-sharp on the facts, hugely compelling throughout cross-examination and she feels very passionately about her cases.”
Chambers and Partners, 2022
“Jane is technically and tactically brilliant.”
Legal 500, 2022
“Searingly intelligent, astonishingly hardworking, strategically astute.”
Legal 500, 2021
“Her advocacy is fantastic.”
Chambers and Partners, 2021
“Incredibly impressive.”
Chambers and Partners, 2021
“Forges incredible relationships with clients and puts her heart and soul into her cases.”
Legal 500, 2021
“Searingly intelligent, astonishingly hardworking, strategically astute.”
Legal 500, 2021
Jane Mulcahy KC is co-Head of Blackstone Chambers. She is recognised as a leading silk in two key areas: employment and sport. She also acts as a mediator and conducts investigations in a range of different areas.
In relation to employment, she deals with complex and difficult litigation concerning employee competition, whistleblowing and discrimination. She has recently acted for the Open University in a high profile case defending discrimination and victimisation claims concerning a protected belief.
Her sport work is high profile and varied, including disciplinary and regulatory issues (she acted for the ECB in the case against Yorkshire County Cricket Club and others, as well as for footballers Kieran Trippier and Daniel Sturridge in cases alleging betting violations brought against them by The Football Association). She sits as an arbitrator and conducts investigations (for example, “The Mulcahy Report” for Manchester City concerning historic sexual abuse allegations in football).
Jane is recognised by latest editions of both the leading independent legal directories, Chambers UK and Legal 500, for her expertise in employment, sport and independent investigations. Key recent quotes include:
- "She is at the top of her game and brings a unique blend of intellect and commercial sensitivity." - Chambers UK, 2024
- "Jane is an exceptional advocate who can be relied upon to make the most difficult of concepts clear and understandable." - Legal 500, 2024
Previous comments include:
- "Jane’s advocacy is first class." - Legal 500
- "Jane's advocacy is excellent, and she is very approachable and very good with clients." - Chambers UK
- "She is razor-sharp on the facts, hugely compelling throughout cross-examination and she feels very passionately about her cases." - Chambers UK
- "Brilliant with clients. Incisive analysis and highly effective, measured advocacy that you can see is appreciated by judges." - Legal 500
She is a fellow of the Chartered Institute of Arbitrators, a CEDR accredited mediator, a member of Sport Resolutions’ arbitrator and mediator panels, an Appeal Steward for the British Boxing Board of Control and formerly sat as an Anti-Corruption Hearing Officer for international tennis.
Experience
Shortlist
Employment
Areas of work include team moves, restrictive covenants, garden leave, confidentiality, whistleblowing, discrimination, breach of contract, wrongful dismissal, unfair dismissal and redundancy.
Current and recent work includes acting for the Open University in a discrimination case concerning a protected belief; a fire and rescue authority in an appeal to the EAT; a large law firm in a claim brought by a former partner; a large US-based technology company in a discrimination case; a UK insurance broker in relation to a team move; a US-based food company defending multiple wide-ranging allegations of whistleblowing and an overseas bank in relation to a potentially reputationally damaging whistleblowing claim.
Further examples of Jane’s recent work in specific areas of Employment law can be found below.
“Jane demonstrates the ability to assimilate the detail of a complex and long-running case very quickly and identify the critical arguments to present to the tribunal. Her advocacy is exemplary and client skills excellent.”
Chambers & Partners, 2024
“She is always spectacular. I would use her on all my employment matters if I could.”
Chambers & Partners, 2024
“Jane is a pleasure to work with at all times. She has impeccable attention to detail which she deploys alongside standout advocacy skills. She is a serious force and someone you absolutely want in your corner.”
Chambers & Partners, 2024
“She is a methodical and balanced silk, who is also commercially and legally astute.”
Legal 500, 2024
“Jane's advocacy is excellent, and she is very approachable and very good with clients.”
Chambers UK, 2023
“Amazing client care and cross-examination skills. She is someone clients want leading the team – builds confidence and rapport easily. Great in court.”
Legal 500, 2023
“She is very calm in litigation, throughout all its twists and turns. She is tactically astute and very bright but able to present the information in non-academic terms.”
Chambers and Partners, 2022
“She is razor-sharp on the facts, hugely compelling throughout cross-examination and she feels very passionately about her cases.”
Chambers and Partners, 2022
“Brilliant with clients. Incisive analysis and highly effective, measured advocacy that you can see is appreciated by judges.”
Legal 500, 2022
“All-round abilities and delivers a really excellent service to both clients and instructing solicitors.”
Legal 500, 2022
“Her advocacy is fantastic.”
Chambers and Partners, 2021
“She offers empathy and emotional intelligence in spades alongside her incredible intellect, can-do attitude, determination and hard work.”
Chambers and Partners, 2021
“Incredible intellect, can-do attitude and hard worker.”
Legal 500, 2021
“Forges incredible relationships with clients and puts her heart and soul into her cases.”
Legal 500, 2021
“She's fabulous with clients, very hard-working and strategically confident.”
Chambers and Partners, 2020
“She's fantastic: commercial, hands-on and great to work with.”
Chambers and Partners, 2020
“Great with clients, easy to work with, especially good on sport matters and in the employment tribunal.”
Legal 500, 2019
“Super client-friendly, responsive and meticulous.”
Chambers and Partners, 2019
“Extremely bright.”
Chambers and Partners, 2019
“An excellent advocate with clear and detailed analyses.”
Legal 500, 2018
“A talented and tenacious advocate who is brilliant with clients.”
Chambers and Partners, 2018
“Excellent to work with. Very bright.”
Chambers and Partners, 2018
“She is extremely client-friendly and is good at putting the client at ease because she is unflappable”
Chambers and Partners, 2017
“She is consistently excellent and has a very sharp, analytical mind.”
Legal 500, 2017
“A very strong advocate, who is very calm, concise and authoritative. She gives very focused and strategic advice.”
Chambers and Partners, 2016
“Her preparation and cross-examination are first class, and she is one of the most client-friendly barristers”
Legal 500, 2016
“A superb advocate – hardworking, always immaculately prepared, and tremendous with clients.”
Legal 500, 2015
Cases
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A large law firm
Representing a large law firm in a claim of disability discrimination brought by a former partner.
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Carrie Gracie and others against the BBC
Acted for former BBC China editor Carrie Gracie and also advised other women as to potential equal pay claims against the BBC.
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Argus Media v Mr Mounir Halim
Acted for the individual in successfully resisting an interim application seeking a non-compete injunction and the imaging of the individual’s electronic equipment.
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Dr N Malik v Cenkos Securities PlcUKEAT/0100/17/RN
Acted for Dr Malik in a whistleblowing claim in the Tribunal and also on appeal in the EAT.
Shortlist
Sport
Jane acts in the civil courts, arbitrations and sports tribunals, including the Court of Arbitration for Sport. Areas covered include breach of contract, employment, disciplinary and regulatory matters, doping, corruption, player transfers, competition/restraint of trade, agency disputes and child protection.
Jane sits as an Appeal Steward for the British Board of Boxing Control and formerly sat as an Anti-Corruption Hearing Officer for international tennis. She advises sport governing bodies on a range of issues and is on Sport Resolutions’ panel list of mediators and arbitrators. In respect of the latter roles, she has experience of arbitrating disputes between players, agents and clubs, both alone and as one of a panel of arbitrators and has mediated sports cases. She conducted, with solicitors Pinsent Masons, the investigation for Manchester City concerning historic allegations of sexual abuse (resulting in “The Mulcahy Report”). She has recently conducted an investigation into allegations of bullying in a high profile sport.
“Jane is an absolutely outstanding KC.”
Chambers & Partners, 2024
“Jane has fantastic advocacy skill, really knows how to read the room, gets the client and is just an excellent leading counsel.”
Chambers & Partners, 2024
“Jane is an exceptional advocate who can be relied upon to make the most difficult of concepts clear and understandable.”
Legal 500, 2024
“Jane’s advocacy is first class. She’s able to expertly convey her arguments in a compelling manner.’”
Legal 500, 2023
“She is measured, intelligent and makes it look effortless.”
Chambers and Partners, 2022
“Jane is technically and tactically brilliant.”
Legal 500, 2022
“She is incredibly bright and can engage with all the details in a complex case, while still being able to see the big picture and focus on the key issues.”
Legal 500, 2022
“Incredibly impressive.”
Chambers and Partners, 2021
“She manages to combine the ability to put clients at ease with amazing thoroughness and command of the detail.”
Chambers and Partners, 2020
“Searingly intelligent, astonishingly hardworking, strategically astute.”
Legal 500, 2021
“A fantastic advocate with excellent judgement.”
Legal 500, 2019
“A favourite with clients.”
Chambers and Partners, 2019
“Combines excellent legal knowledge with an ability to provide practical, commercial advice.”
Chambers and Partners, 2019
“Extremely good – has excellent knowledge of sports law and procedure.”
Legal 500, 2018
“She was outstanding.”
Chambers and Partners, 2018
“She is a wonderful advocate.”
Chambers and Partners, 2018
“Her reputation affords her a deserved seat at the top table of advisers in the industry”
Chambers and Partners, 2017
“Very knowledgeable in sports work, with a particularly client-friendly manner.”
Legal 500, 2017
“She has excellent industry and technical knowledge and provides sound commercial advice.”
Chambers and Partners, 2016
“One of the absolute stars of the sports law Bar”
Legal 500, 2016
Cases
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ECB v Yorkshire County Cricket Club
Acting for the ECB prosecuting allegations of race discrimination.
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FA v Kieran Trippier
Defending the player from charges involving betting brought by the FA.
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FA v Daniel Sturridge
Defending the player from charges involving betting brought by the FA.
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Re: a Premier League footballer
Acting for a Premier League footballer in arbitration proceedings brought by his former agent.
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Manchester City: inquiry into sexual abuse
Leading the internal City investigation (from 2016 to March 2021) into alleged sexual abuse (in light of allegations and then criminal proceedings against Barry Bennell).
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Jess Varnish v UK Sport
Acted for UK Sport in successfully defending a claim that Jess Varnish was an employee.
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Age discrimination advice
Advised a large sporting organisation on possible age discrimination in relation to retirement ages.
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Disciplinary proceedings
Acted for a Premier League football club in disciplinary proceedings concerning an agent.
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Footballer dismissal disciplinary proceedings
Acted for a Football League football club in disciplinary proceedings arising out of the dismissal of a footballer.
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Re: a Premiership goalkeeper
Acted for a Premiership goalkeeper in arbitration proceedings against his former agent.
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Unpaid commission claim
Acted for a football agent in a claim for unpaid commission against a Premier League football club.
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Re: a Premiership footballer
Acted for a Premiership footballer in a claim by a former agent for monies allegedly owed.
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Unfair dismissal claim
Acted for a Conference football club in a claim for unfair dismissal by a former player.
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Re: a Premiership football manager
Acted for a Premiership football manager in disciplinary proceedings brought by the FA.
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Re: a doping allegation
Acted for a sportsman in relation to an allegation of doping.
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Re: Doncaster Rovers Belles
Acted for Doncaster Rovers Belles in an appeal against the Football Association’s decision not to admit the club to the Women’s Super League.
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A Rugby Union club appeal
Acted for a Rugby Union club in an appeal against a decision that one of its players had not been racially abused.
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Re: a Premiership football club
Acted for a Premiership football club in claims against its former manager and another club.
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Re: a Championship footballer
Acted for a Championship footballer in a claim for payments owed by his former club.
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FA disciplinary proceedings
Acted for a football agent in disciplinary proceedings brought by the FA.
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Re: a football agent
Acted for a football agent against a Premiership footballer in a claim for non-payment of fees.
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Re: a Championship football club
Acted for a Championship football club in a claim arising out of the departure to a rival of the club’s former coaching team.
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Re: a Premiership club
Acted for a Premiership club in a claim by a former employee alleging age discrimination and unfair dismissal.
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Re: a Premiership club
Acted for a Premiership club in a claim for breach of contract brought by a former employee.
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Ian Atkins v Bristol Rovers
Acted for Bristol Rovers in a claim for commission brought by Ian Atkins, a former manager.
Shortlist
Investigations & Inquiries
Jane has substantial experience of conducting both high profile and highly sensitive confidential investigations for a range of clients. In relation to the former, she is currently conducting a review for ITV, a summary of which ITV intends to make public. In relation to the latter, her experience includes investigating:
- Allegations of sexual misconduct in a large media organisation.
- Bullying allegations in a high profile sport.
- Multiple separate allegations concerning the actions of senior lawyer in a City law firm.
- Allegations against a barristers’ Chambers.
- Discrimination allegations against a senior manager in an insurance company.
“She is at the top of her game and brings a unique blend of intellect and commercial sensitivity.”
Chambers & Partners, 2024
“She is balanced and methodical; her reports are a work of art. She is able to balance complex interests with sensitive issues as well as being commercially astute and sensible in her assessment. Her reports are thorough and she is easy-going, putting ever”
Chambers & Partners, 2024
Shortlist
Employee Competition
Examples of Jane’s recent Employee Competition work can be found below.
Cases
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Team move
Acted for a UK insurance broker in relation to a team move after a number of employees left to work for a competitor. The case, due for trial in early 2022 but now settled, also involved allegations by the individuals of breach of Article 8 of the European Convention on Human Rights
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Restrictive covenants
Acted for a large recruitment company, advising it as to implementation of restrictive covenants.
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Restrictive covenants
Advised a large quasi-governmental organisation concerning restrictive covenants for senior employees.
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Argus Media v Mr Mounir Halim
Acted for the individual in successfully resisting an interim application seeking a non-compete injunction and the imaging of the individual’s electronic equipment.
Shortlist
Whistleblowing
Examples of Jane’s recent Whistleblowing work can be found below.
Cases
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Re: an overseas bank
Acting for the bank in wide ranging allegations of whistleblowing involving potential reputational issues.
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Re: a large US-based food company
Acted for the company in a case concerning multiple allegations of whistleblowing by in-house Counsel.
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Dr N Malik v Cenkos Securities PlcUKEAT/0100/17/RN
Acted for Dr Malik in a whistleblowing claim in the Tribunal and also on appeal in the EAT.
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Re: an overseas bank
Acting for an overseas bank in whistleblowing claims brought by former employees.
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Re: a large European bank
Acted for an individual bringing a claim of whistleblowing against a large European bank.
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Re: a large investment bank
Acted for a large investment bank in a whistle-blowing claim by a former employee.
Shortlist
Discrimination
Examples of Jane’s recent Discrimination work can be found below.
Cases
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Re: Global HR Manager
Acting for a senior manager alleging pregnancy, maternity and sex discrimination led to her dismissal.
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RE: a US-based technology company
Acting for the company in remedy proceedings following a finding that the company had discriminated against a former senior salesperson.
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Re: an overseas bank
Acting for an overseas bank in claims for discrimination brought by former employees.
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Re: a renowned sporting organisation
Acted for a renowned sporting organisation in defending claims of sex discrimination, victimisation and unfair dismissal.
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Re: a large insurance company
Acted for a large insurance company in claims of discrimination and unfair dismissal.
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Re: a senior interior designer
Acted for a senior interior designer in relation to liability and remedy in a successful claim for discrimination and victimisation against a well-known design-led property company.
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Re: a Premier League football club
Acted for a Premier League football club in a claim of disability discrimination and unfair dismissal concerning a member of staff.
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Re: a senior woman solicitor
Acted for a senior woman solicitor claiming discrimination because of disability, sex and age in a potentially multi-million pound claim against a very large international law firm.
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Re: psychometric testing specialists
Acted for psychometric testing specialists in a claim brought by a former employee for race discrimination and victimisation.
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Re: a high profile commercial organisation
Acted for a high profile commercial organisation in a claim for indirect sex discrimination.
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Re: a senior woman banker
Acted for a senior woman banker alleging sex discrimination against a large investment bank.
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Re: two senior bankers
Acted for two senior bankers in claims of race discrimination against a large investment bank.
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Re: Lloyd's managing agency
Acted for a Lloyd’s managing agency in a discrimination claim brought by its former Group Finance Director.
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Re: City law firms
Acted in various cases for City-based solicitors’ firms in relation to allegations of discrimination and victimisation.
Shortlist
Bonus & Remuneration
Examples of Jane’s recent Bonus & Remuneration work can be found below.
Cases
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Re: an international outsourcing provider
Acted for an international outsourcing provider in relation to a claim for commission brought by a former employee in the High Court.
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Re: an individual in Jersey
Acted for an individual based in Jersey in a claim for wrongful dismissal, including bonus.
Shortlist
Employment Status & Contracts
Examples of Jane’s recent Employment Status and Contracts work can be found below.
Cases
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Jess Varnish v UK Sport
Acted for UK Sport in successfully defending a claim that Jess Varnish was an employee.
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Re: a major international sporting organisation
Acted for a major international sporting organisation in a claim brought by its former managing director for unfair dismissal and breach of contract.
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Re: a Premiership football club
Acted, on several occasions, for a Premiership football club in claims involving holiday pay, employee status and confidentiality.
Shortlist
Financial Services & Regulatory Disputes
Examples of Jane’s recent Financial Services & Regulatory Disputes work can be found below.
Cases
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Re: a major bank
Acting for a major bank in a claim for unfair dismissal arising out of an FCA investigation into FX.
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Re: a City broking firm
Acting for an individual in a whistleblowing claim alleging regulatory breaches by a former employer, a broking firm in the City.
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Re: a senior banker
Acted for a senior banker in a claim arising from his dismissal from a large European-based bank.
Shortlist
Arbitration
Jane is a fellow of the Chartered Institute of Arbitrators and is included in Sport Resolutions’ panel of arbitrators.
She has experience of arbitrating disputes between players, agents, clubs and managers, both alone and as one of a panel of arbitrators, as well as arbitrating employment disputes, including issues concerning employee competition. She also sits as an Appeal Steward for the British Boxing Board of Control and formerly sat as an Anti-Corruption Hearing Officer for world tennis.
“Searingly intelligent, astonishingly hardworking, strategically astute.”
Legal 500, 2021
“She has excellent industry and technical knowledge and provides sound commercial advice.”
Chambers and Partners, 2016
“A very strong advocate, who is very calm, concise and authoritative. She gives very focused and strategic advice.”
Chambers and Partners, 2016
“A superb advocate – hardworking, always immaculately prepared, and tremendous with clients.”
Legal 500, 2015
Cases
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Re: an employment dispute
One of three arbitrators in a dispute concerning employee competition and the alleged unlawful use of confidential information.
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Re: tennis
Various corruption cases brought by tennis against international players.
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Re: sporting disputes
A range of cases including disputes involving football agents.
Shortlist
Mediation
Jane is CEDR accredited and has mediated a range of employment, sport, music, media, shareholder and partnership disputes.
In facilitating settlement, she draws on her long experience of acting for both sides in litigation in the relevant areas and understands the particularly stressful and delicate nature of mediations in these fields, particularly when relationships are ongoing. She is a member of Sport Resolutions’ mediation panel.
Cases
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Mediation
Dispute between a solicitor and her firm concerning allegations of discrimination.
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Mediation
Dispute between a former employee and a property company.
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Mediation
Dispute between former employee and employer in the luxury goods business.
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Mediation
Dispute between a doctor and a health authority.
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Mediation
Dispute between an employee and a quasi-government body over capability issues.
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Mediation
Dispute between two governing bodies over use of resources in the countryside.
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Mediation
Dispute between an employee and her employer over allegations of disability discrimination.
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Mediation
Dispute between two senior employees and their former employer, a colliery.
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Mediation
Dispute between a football manager and his former club.
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Mediation
Dispute between a senior employee and his employer, a large insurer, over allegations of disability discrimination and terms of severance.
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Mediation
Dispute between a former employee and his former employer, a large housing association.
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Mediation
Dispute between a rugby club and its former coach.
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Mediation
Dispute between a senior executive and his former City employer re alleged age discrimination.
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Mediation
Dispute between a senior banker and an investment bank after the banker was dismissed while ill.
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Mediation
Dispute between a senior police officer and the relevant police authority concerning allegations of whistleblowing and discrimination.
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Mediation
Work place dispute with a current employee over reporting structures.
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Mediation
Shareholder dispute.
Achievements
Education
Diploma in Law (City): distinction
Publications
- Joint author of “Garden Leave” and “Practice and Procedure” in Employee Competition: Covenants, Confidentiality and Garden Leave, OUP, 3rd ed., 2016.
- Jane is the joint author of three chapters, on human rights, employment and child protection, in Sport: Law and Practice, Lewis and Taylor, Butterworths, 3rd ed., 2014. She is Case Editor for the International Sports Law Review (“ISLR”).
Appointments
- Anti-Corruption Hearing Officer for world tennis.
- Appeal steward for the British Boxing Board of Control.
- Panel member for Sport Resolutions (Legal Arbitrator and Mediator).
Memberships
- Member of the Employment Lawyers Association (“ELA”) and the Employment Law Bar Association (“ELBA”).
Selected earlier reported cases
Employment
- Tradition Securities & Futures v Mouradian [2009] EWCA Civ 60, 11 February 2009
- Boland v Absolute Taste, McLaren, ET, January 2009
- F&C Asset Management v Switalski, EAT, 9 December 2008
- Extec Screens & Crushers Ltd v David Rice [2007] EWHC 1043 (QB), 4 May 2007
- Bloxham v Freshfields, ET
- Hair v ICC, ET
- Joel Stransky v Bristol Rugby Limited [2003] ISLR SLR-27
- Crystal Palace FC (2000) Ltd v Stephen Bruce [2002] ISLR SLR-81
- Clancy v Cannock Chase Technical College [2001] IRLR 331
Sport
- Andrew Webster v Heart of Midlothian [2008] 1SLR – SLR 37
- Sheffield United v FAPL [2007] ISLR SLR-77
- Christine Ohuruogu v UKA, BOA
- FAPL v Ashley Cole
- Adrian Mutu v Chelsea
- WCM-GP Limited v FIM [2003] ISLR SLR-91
- Joel Stransky v Bristol Rugby Limited [2003] ISLR SLR-27
- Crystal Palace FC (2000) Limited v Stephen Bruce [2002] ISLR SLR-81
Media & Entertainment
- Far Out Productions v Unilever UK & CN Holdings Ltd and others [2009] EWHC 3484 (Ch)
- JHP Ltd v BBC Worldwide [2008] EWHC 757 (Ch), (2008) FSR 29
- Mark Taylor v Rive Droite Music Ltd [2005] EWCA Civ 1300; Mark Taylor v Rive Droite Music Ltd [2004] EWHC 1605 (Ch)
VAT registration number: 680703438
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