LANDMARK CLAIMSETTLED
Cawthorne v Freshfields
Gillian won substantial damages in settlement of a claim for personal injuries after Ms Cawthorne was sent abroad to Ghana as a trainee solicitor and caught shigella dysentery.
Charles Foster was instructed as Counsel.
Ms X v (1) Shop Direct Financial Services (2) Parry [2008]
Counsel was Anna Beale of Cloisters. The tribunal thought an award of aggravated damages was appropriate "due to the high-handed behaviour of both respondents and the oppressive and insulting manner in which the claimant was treated by both." Mr Parry manipulated Ms X's resignation because he did not want her working for him yet the first respondent failed to take reasonable steps to prevent Mr Parry from undermining Ms X and bullying and intimidating her. After Ms X's resignation the grievances were "a paper exercise and a sham". One of the respondent's employees intimidated Ms X and the employer's behaviour was "appallingly insensitive and clumsy". Because Ms X was seeking work in the financial sector it was essential that she had a clean credit record and she requested the removal of a default registered against her name by the first respondent. The posting of the default notice was an error as the debt had been cleared, but despite being aware of the importance to Ms X of a good credit rating the first respondent was extremely slow to remove the default notice. Its actions in relation to the default notice were labelled "blasé and irresponsible" by the tribunal. At the hearing, the first respondent sought to introduce evidence suggesting that Ms X had a close personal relationship with a manager which the tribunal commented "could have had far-reaching consequences to the claimant's private life". The tribunal was therefore satisfied that the first respondent's behaviour resulted in "intangible loss suffered by the claimant, who was caused further distress, anger and worry by its actions" and it awarded £10,000 in aggravated damages. Download full text transcript of Ms X v (1) Shop Direct Financial Services (2) Parry (PDF, 12.2MB)
LEADING CASE ON UNLAWFUL SUSPENSION FROM GENERAL DENTAL COUNCIL REGISTER
Preiss v General Dental Council [2001] IRLR 696
Gillian advised on this successful appeal to the Privy Council against the disciplinary decision of the GDC against David Preiss. Gillian instructed Dinah Rose as junior Counsel. James Badenoch QC was also instructed.
SUCCESSFUL DEFENCES IN GENERAL MEDICAL COUNCIL
Gillian advised several well-known doctors in complaints of serious professional misconduct before the GMC. I have also advised other high profile doctors accused of negligence and misconduct.
