Paul Goulding KC

Acted for Credit Suisse in successfully defending a former employee’s claim for over $86m loss of earnings after his conviction in Romania following his work on privatisation of a utility company. Listed as one of The Lawyer’s Top 20 Cases of 2020, the Court held that (1) the employer did not owe the employee an implied contractual duty to indemnify him against loss of earnings arising from the performance of his duties (the indemnity claim), and (2) the employer did not owe the employee a duty of care not to expose him to the risk of criminal conviction and resulting financial losses in the performance of his duties, and did not breach any such duty of care in any event (the negligence claim). Further, the employee’s negligence claim was out of time. In February 2023, the Court of Appeal dismissed the employee’s appeal. In July 2023, the Supreme Court dismissed the employee’s application for permission to appeal.

A limited liability partnership was not obliged to convene a partners’ meeting pursuant to a partner’s request to do so, as his request fell beyond the time permitted under the LLP agreement and the partnership was entitled to rely on the time limit in the relevant clause. The case raises issues of the interpretation of express terms in an LLP agreement, the implication of implied terms, promissory estoppel, estoppel by representation and estoppel by convention. The Supreme Court dismissed the partner’s application for permission to appeal against the Court of Appeal’s decision.

Instructed as an expert witness on English law relating to the exercise of a discretion to award a bonus for the purpose of legal proceedings brought against a global bank in the Royal Court of Jersey.

Appeared for the respondent retailer in successfully resisting a whistleblowing claim from its former CEO in which the Employment Tribunal ordered the claimant to pay the respondent’s costs.

Acted for second defendant in successfully defending claim of inducement of breach of contract arising out of the acquisition by Tullett Prebon of ICAP’s global broking business. Issues included whether (i) a share acquisition gave rise to a TUPE transfer; (ii) garden leave of 12 months should be enforced by injunction; (iii) the claim of inducement of breach of contract was established.

Acted for Citigroup in defending claims of unfair dismissal brought by a former fx trader. The claims arose out of regulatory investigations into fx trading and the dismissal of several fx traders. The result was a significant victory for Citigroup.

Acted for Sports Direct in defending High Court claims brought by 188 zero hours workers.

Acted for bank in successfully defending unfair dismissal claim brought by former foreign exchange trader.

Successfully defended whistleblowing and unfair dismissal claims made by former Head of Bank's FX desk.

Acted for employee domiciled in England who was sued in Massachusetts by the US parent of his UK employer pursuant to the terms of a stock plan containing a Massachusetts law and exclusive jurisdiction clause. The Court of Appeal granted an anti-suit injunction, restraining the US parent from pursuing the Massachusetts proceedings, in order to protect the employee’s rights under the Brussels I Recast Regulation on Jurisdiction. Case settled shortly before Supreme Court appeal hearing in 2016.

Acted in team move case where the Court of Appeal granted an urgent interim springboard injunction.

Acted for appellant in obtaining permission to appeal to Court of Appeal in garden leave case.

Acted for group of employees who moved to new employer. Issues included the assignability of restrictive covenants following objection by employees to a TUPE transfer.

Acted for the defendant in case in which the High Court decided that (1) the claimant employee acted in repudiatory breach of his employment contract in assisting the set up and launch of a competitive business, assisting in the recruitment of a fellow employee by that business, and disclosing documents to that business; and (2) a condition in a compromise agreement whereby the claimant would be deemed to be a Good Leaver for the purpose of unvested deferred remuneration provided he did not commit a repudiatory breach of his employment contract prior to its termination, was not an unlawful penalty.

Acting for an insurance broker in claim for damages arising out of the recruitment of brokers from another firm. The case raises issues of unlawful means conspiracy, inducement of breach of contract, duty of disclosure and fiduciary duties. 

Acted for second defendant in successfully defending claim of inducement of breach of contract arising out of the acquisition by Tullett Prebon of ICAP’s global broking business. Issues included whether (i) a share acquisition gave rise to a TUPE transfer; (ii) garden leave of 12 months should be enforced by injunction; (iii) the claim of inducement of breach of contract was established.

Acted for employee where Court of Appeal refused employer’s appeal against an order for a speedy trial of the employee’s claim for a declaration as to the non-enforceability of restrictive covenants in employee’s contract.

Acted for employee domiciled in England who was sued in Massachusetts by the US parent of his UK employer pursuant to the terms of a stock plan containing a Massachusetts law and exclusive jurisdiction clause. The Court of Appeal granted an anti-suit injunction, restraining the US parent from pursuing the Massachusetts proceedings, in order to protect the employee’s rights under the Brussels I Recast Regulation on Jurisdiction. Case settled shortly before Supreme Court appeal hearing in 2016.

Acted in team move case where the Court of Appeal granted an urgent interim springboard injunction.

Acted for appellant in obtaining permission to appeal to Court of Appeal in garden leave case.

Acted for the defendant in case in which the High Court decided that (1) the claimant employee acted in repudiatory breach of his employment contract in assisting the set up and launch of a competitive business, assisting in the recruitment of a fellow employee by that business, and disclosing documents to that business; and (2) a condition in a compromise agreement whereby the claimant would be deemed to be a Good Leaver for the purpose of unvested deferred remuneration provided he did not commit a repudiatory breach of his employment contract prior to its termination, was not an unlawful penalty.

Acted for the appellant in a confidential information case in which the Court of Appeal allowed the appeal and (unusually) ordered a re-trial on the basis that the judge’s error in relation to the contents of a document rendered the decision wrong or unjust as a result of an irregularity.

Acted for group of employees who moved to new employer. Issues included the assignability of restrictive covenants following objection by employees to a TUPE transfer.

Advising in a variety of matters concerning the enforceability of restrictive covenants in the context of LLPs, LPs, hedge funds and private equity firms involving litigation in the UK and Jersey, as well as arbitration.

Acted for investors in opposing pre-action disclosure application in the Commercial Court in case involving alleged misuse of confidential information.

Advising in relation to litigation in Singapore regarding the enforceability of employee restrictive covenants.

Acted for Singapore-based global business engaged in litigation in the High Court in London regarding a team move and confidential information.

Acted for hedge fund in proceedings in several jurisdictions, including the High Court (Queen’s Bench Division and Technology and Construction Court) concerning claims relating to negligence, constructive dismissal, bonuses, confidential information, surveillance, privacy, data protection.

Acted for appellant seeking permission to appeal to Supreme Court in employment dispute concerning duty to disclose competitive threat.

Acted for employer relating to application for search order against employee misusing confidential information.

Acted for defendants in team move case where Court refused claimant’s application for early disclosure on affidavit by defendants of steps taken to recruit fellow employees.

Acting for a bank in defending multi-million pound whistleblowing claim following US regulatory investigation.

Appeared for the respondent retailer in successfully resisting a whistleblowing claim from its former CEO in which the Employment Tribunal ordered the claimant to pay the respondent’s costs.

Instructed by global bank defending whistleblowing claims brought by ex-employee dismissed following FX investigation.

Acted at trial for global corporation defending employee whistleblowing claims in the employment tribunal.

Appeared for a bank in defending whistleblowing and disability discrimination claims. Case involved unsuccessful application by claimant for interim relief in relation to his whistleblowing claim.

Acted for US-based hedge fund defending a multi-million pound whistleblowing claim in the London employment tribunal.

Successfully defended whistleblowing and unfair dismissal claims made by former Head of Bank's FX desk.

Acted for second defendant in successfully defending claim of inducement of breach of contract arising out of the acquisition by Tullett Prebon of ICAP’s global broking business. Issues included whether (i) a share acquisition gave rise to a TUPE transfer; (ii) garden leave of 12 months should be enforced by injunction; (iii) the claim of inducement of breach of contract was established.

Acted for group of employees who moved to new employer. Issues included the assignability of restrictive covenants following objection by employees to a TUPE transfer.

Dispute about whether there was a TUPE transfer in relation to local authority outsourcing.

The principal issue was whether there was TUPE transfer of the northern isles ferry service.

A case involving the territorial reach of UK discrimination laws.

A case involving restricted reporting orders in a discrimination case.

Leading case that interpreted the burden of proof in discrimination cases.

Leading case that explained the drawing of inferences in discrimination cases.

Acted at trial for employer in defending disability discrimination claim.

Acted for the BBC when an employment tribunal held that the BBC was not an emanation of the state for the purpose of the direct effect of EC directives. 

Acted on a reference to the ECJ concerning discrimination and maternity rights in relation to occupational pensions.

Undertook an investigation into allegations of sexual harassment in a City law firm.

Instructed as an expert witness on English law relating to the exercise of a discretion to award a bonus for the purpose of legal proceedings brought against a global bank in the Royal Court of Jersey.

Application for summary judgment for payment of bonuses.

Advised in a variety of cases involving bonus clawback and malus provisions.

Acted for hedge fund in defending High Court proceedings in which former employee alleged that he was constructively dismissed and that restrictions in a deferred remuneration scheme were an unreasonable restraint of trade, an unlawful penalty and were rendered unenforceable by the employer’s alleged repudiation. Expert evidence adduced on Jersey law and market practice regarding deferred remuneration schemes.

Acted in arbitration conducted under the London Court of International Arbitration (LCIA) Rules and the Arbitration Act 1996 concerning the enforceability of restrictive covenants in an employee incentive plan governed by foreign law.

Acted for asset manager in relation to forfeiture of employee’s unvested stock under deferred remuneration plan.

Acted for a bank in defending profit share claims brought by employees following losses made by the bank in 2008.

Acted for Credit Suisse in successfully defending a former employee’s claim for over $86m loss of earnings after his conviction in Romania following his work on privatisation of a utility company. Listed as one of The Lawyer’s Top 20 Cases of 2020, the Court held that (1) the employer did not owe the employee an implied contractual duty to indemnify him against loss of earnings arising from the performance of his duties (the indemnity claim), and (2) the employer did not owe the employee a duty of care not to expose him to the risk of criminal conviction and resulting financial losses in the performance of his duties, and did not breach any such duty of care in any event (the negligence claim). Further, the employee’s negligence claim was out of time. In February 2023, the Court of Appeal dismissed the employee’s appeal. In July 2023, the Supreme Court dismissed the employee’s application for permission to appeal.

Acted for Sports Direct in defending High Court claims brought by 188 zero hours workers.

Acting for company defending bonus claims brought by zero-hours contractors.

Acting in relation to various disputes in LLPs and partnerships, especially regarding partner departures.

Acted for sacked football manager in his claim for damages.

Acted for Dean and Chapter of Westminster Abbey in defending claim brought by former Organist.

Acted for defendants in test case concerning the employment status of Church of England curate.

Acting in relation to various employment tribunal and regulatory (FCA) proceedings related to investigations into LIBOR and FX benchmarks.

Acted in relation to employment claims following investigation into alleged violations of US sanctions.

Advising a football body in relation to the impact of COVID-19 on contractual and other arrangements involving clubs and players.