Paul Gott
Call date
1991
Practice Areas
Employment and commercial law.
Industrial relations law - particularly injunctive work in relation to strike action.
Recommendations (Practitioners' Guides)
Listed as a leading junior in both Chambersand Legal 500
Comments in ChambersandLegal 500 include:
“Extremely practical and commercial”
“Fantastic with clients, as he makes the arguments straightforward”
“Exceptionally bright and able”
“Absolutely top-drawer”
“Clear, astute advice” and “Superb on his feet”
“Prepared to do the tough work to get the result”
“Brings in depth legal knowledge, an impressive understanding of the commercial realities and a sense of humour”
“An expert strike-breaker with an outstanding grip on the subject.”
Education
1979-86 Marple Hall Comprehensive, Stockport
1986-89 MA Cambridge University, Downing College, Double First Class Honours
(Proxime accessit Part 1(a) of Tripos; Proxime accessit Part II of Tripos)
1989-90 BCL Oxford University, Brasenose College, First Class Honours
Rebecca Flower (Cambridge University) Scholarship 1987
JC Platt Memorial Prize for Law 1987
Downing College Tripos prizes: 1987, 1988 and 1989
Downing College Law Scholarships: 1987, 1988 and 1989
Joseph Squire (Cambridge University) Scholarship 1988
Clive Parry International Law Prize 1988
Harris Senior Scholarship (Downing College) 1989-1992
Hardwicke Entrance Award (Lincoln's Inn) 1989
Brasenose College (Oxford) Graduate Prize 1990
Mansfield Scholarship 1990
Denning Scholarship 1991
Appointments
Reporter, Bar Council Report into Problems at the Young Bar, 1993
Appointed as Junior Counsel to the Crown, July 1999
Appointed to Treasury 'A' Panel, April 2005
Re-appointed to Treasury ‘A’ Panel, March 2010
Appointed as Board Member to the Standards Board for England, February 2006
Re-appointed as Board Member to the Standards Board for England, March 2009
Appointed as Ambassador for Diversity in Public Appointments, November 2009
Memberships
Commercial Bar Association
Industrial Law Society
Employment Lawyers Association
Professional Experience
Regularly advises in core practice areas identified above and has extensive advocacy experience in the Court of Appeal, High Court, EAT, Employment Tribunals as well as County Courts and the Coroner’s Court. Treasury “A” Panel and instructed by Government Departments on a broad range of commercial and employment law cases. Instructed by HMG in over 180 matters.
Recent Practice
Employment:
Junior Counsel for BA in British Airways plc v Unite [2010] IRLR 423(HC - injunction to prevent 12-day strike by BA cabin crew over Xmas 2009) and in British Airways plc v Unite (No.2) [2010] IRLR 809 (HC and CoA - injunction application to restrain May/June 2010 cabin crew strike action). Junior Counsel for NWR in Network Rail v RMT [2010] EWHC 1084 (injunction to prevent 4-day national rail strike, Easter 2010). Instructed by the Royal Mail Group in respect of industrial relations issues, strike action and injunctive relief, 1996 to present, including national postal strikes of 2007 and 2009. Junior Counsel for M in Metrobus v Unite [2010] ICR 173 (injunction against London bus strike, TULRA and Art 11 ECHR). Counsel for eJ in Unite v easyJet [2010] TUR1/723 (CAC – application by Unite for statutory recognition). Junior Counsel for LUL in London Underground Limited v ASLEF [2011] EWHC 7 (HC - injunction application to restrain Boxing Day 2010 London Underground strike). Counsel for N in Network Rail v RMT (2004 and 2008 national rail strikes). Counsel in respect of strike action injunctions/advice for: Virgin Trains (2005-present), Scottish & Newcastle plc (2006/2007), Aviance (2006/2007), the Science Museum (2008) and the Telegraph Group (2008/2009). Counsel for Southern Trains in respect of strike action, 1998 to present. Counsel for SWT in respect of strike action, 2000 to present, including SWT v RMT [2000] IRLB 639 led by Andrew Clarke QC. Counsel for LSER in London & South Eastern Railway v RMT (injunction against rail strike – September 2008). Counsel for ML in Merrill Lynch v Subbiah (HC 2007 – enforcing restrictive covenants and protecting confidential information). Counsel for M in News International v Mirror Group Newspapers (HC - resisting enforcement of restrictive covenants). Counsel for NH in Darbyshire v Nuffield Hospitals (HC - injunctive relief in respect of hospital practice privileges).
Regular appearances in EAT and Employment Tribunals esp. for Treasury Solicitor and HMRC. Counsel for HMPS in Muschett v HMPS [2010] IRLR 173 (CoA – race discrimination claims brought by temporary workers). Counsel for B in Wheeler v Brixton plc (ET, 2010 – Unfair Dismissal claim by dismissed CEO of plc during credit crunch). Counsel for RBH in George v Royal Brompton & Harefield NHS Trust (ET, 2010-2011 – alleged race discrimination, unfair dismissal and whistleblowing). Counsel for the DCA in Jones v DCA [2008] IRLR 128 (ET, EAT and CoA 2006 to 2008 – Disability discrimination, statutory limitation periods and jurisdiction). Counsel for C in Pincher v CrossRail (ET and EAT 2008 – Whistle-blowing and unfair dismissal). Counsel for ML in Ward v Merrill Lynch (2008 – redundancy and alleged discrimination). Counsel for HMPS in Irelandv HMPS (2008 – Disability and religious discrimination). Counsel for M in Scotchmer v Man GP Services (2007 – City takeovers and TUPE).Counsel for HMPS in Urbanowicz v HMPS (2007 – extinguishing of dismissal and revival of employment contracts on reversed dismissal decisions). Counsel for DVLA in Stubbs v DVLA (2007 – Equal pay in the public sector). Counsel for HSE in Fletcher v HSE (2007 – individual challenges to imposed and collectively agreed terms). Counsel for the DCA in Christie v DCA (ET 2006 – Part-time judicial pension litigation). Counsel for HMPS inCooper v HMPS (2006 - Misconduct in the workplace through the use of control and restraint techniques). Counsel for MOD in Harman v MOD (ET 2004, EAT 2006, disability discrimination, reasonable adjustment and justification). Counsel for HO in Kuttappan v Home Office (ET 2003, EAT 2004, striking out misconceived claims of race discrimination and victimisation). Counsel for HMPS in Cheasty v HMPS [2003] All GR (D) 23 (Disability discrimination and perverse costs orders). Counsel for DETR in Charles v DETR (ET and EAT 2002/2003, Equal Pay Act 1970 and sex discrimination, led by Nicholas Underhill QC). Member of Government Legal Advisors Equal Pay sub-committee.
Regular employment and Industrial Relations advisory work, including TUPE and Equal Pay. Regular advice to Government Departments including: BERR (DTi), Cabinet Office, DCLG, DfT, FSA, Dept of Health, MoJ, DVLA, FCO, HMPS, HO, MHS, MOD and Regional Govt Offices.
Commercial Litigation:
Counsel for ISB in ISA v ISB (International Arbitration, 2009-2010: £50m dispute over internet sports gaming franchises in Spain and Latin America - led by Bankim Thanki QC). Counsel for D in Farm Assist v DEFRA [2008] EWHC 3079 (TCC – economic duress, disclosure, legal advice privilege and waiver). Counsel for B in Polystar v Bogucki (Commercial Court 2007 – judgments in default, ECHR and CPR Part 13). Counsel for S in Hubbard v Sullivan (HC 2006/2007 – joint ventures, loan contracts, interpretation and restitution). Counsel for V in Baldwins Crane Hire v Vertec (2006 – commercial contract interpretation, misrepresentation and fraud). Counsel for SWI in Diadora v Sports World International (Commercial Court 2005/2006 – sponsorship and merchandising contracts). Counsel for ODPM in Squadron v ODPM (Commercial Court 2005/2006, government contracts, partnership and estoppel). Counsel for P&G, Maersk v Procter & Gamble (Commercial Court 2002 - jurisdiction, demurrage, displacement of carrier’s standard terms and conditions). Counsel for WT in Nyirenda v Wellcome Trust (HC, 2002). Counsel in Gilkes v Venizelos [2000] 1 LPr 487 (Commercial Court - anti-suit injunctions). Counsel for ESW in Rudman v Essex & Suffolk Water (HC - led by Christopher Moger QC). Counsel in Fuerst Day Lawson v Givaudan Roure (HC - insurance and jurisdiction). Counsel for WS in Morris v Wilkinson’s Sword (HC - led by Michael Brindle QC, commercial contract interpretation, misrepresentation and fraud). Counsel for CKL in Hornsby v Clark Kenneth Leventhal (HC - fraud, partnership, agency, negligence and vicarious liability, led by Michael Harvey QC). Counsel for SBAC in Black & Edgington v Society of British Aerospace Companies (HC – commercial contract construction). Counsel for UN General Assembly in Abdullahi v Unisom II (HC - sovereign immunity, immunity from suit and liability of UN organisations).
Regular commercial advice to private and public sector clients, including: BERR (DTi), SFO (on civil matters), MoJ, FCO, MHS, DCLG, MOD and Dept of Health.
Professional Discipline and Control of Vexatious Litigants:
Counsel for AG in Attorney General v Branch [2008] EWHC 2679 and Attorney General v Branch No.2 [2009] EWCH 673 (vexatious litigants and Noueiri anti-suit injunctions). Counsel for AG in Attorney General v McCluskey UKEAT/0118/09 (vexatious litigants in the Employment Tribunal service). Counsel for the AG in Attorney General v Jubin (HC April 2008 – committal for contempt for breach of injunctions against behaviour abusive of the administration of justice). Counsel for the Law Society (led by Tim Dutton QC and latterly unled) in the Miners’ Compensation Cases (High Court 2005/6) and in Law Society v Nwokoro (HC 2006 – Law Society intervention in sole practitioner practices). Advocate to the Court of Appeal in Bhamjee v Forsdick [2004] 1 WLR 88 CoA (vexatious litigants and civil restraint orders). Counsel in Tassell v Orme [2001] EWHC Admin 611 (judicial review of solicitors disciplinary proceedings and vexatious litigants). Counsel in SIF v Sivananthan (HC - solicitors’ undertakings, fraud and regulation of solicitors). Advocate in the Investigatory Powers Tribunal.
Banking & Finance:
Counsel for Nat West in: Nat West v Thomas (HC - 2005/2006, duress, undue influence and UCTA), Nat West v Field (2003/2005, bank mortgages, deed execution and undue influence), Nat West v Singh (2002, bank mortgages, undue influence and solicitors’ negligence), Nat West v Connolly (HC - 2000, bank guarantees, misrepresentation, contractual interpretation), Nat West v Nicholls (Mercantile Court 2000, bank securities, undue influence, misrepresentation, fraud), Nat West v Yardley (HC 1999), Nat West v Mos (CoA, mortgage possession and bank securities), Nat West v Kitch [1996] 1 WLR 1316 CA (mortgage actions, bank securities, RSC Ord 88 (CPR Part 55)), Nat West v Potter (HC - freezing injunctions and civil fraud). Instructed by Nat West on over 100 matters.
Counsel for Lloyds Bank in: Carman v Lloyds Bank (2001/2002), corporate insolvency and cheque conversion), Lloyds Bank v Acharya (HC 2001, fraud, freezing injunctions and cheque kiting) Lloyds Bank v Marks (HC 1999, insurance, non-disclosure and banker’s negligence).
Insurance:
2nd junior counsel to Cuthbert Heath Lloyd’s names action group (Syndicate 404). Instructed as junior counsel on “long tail” issues in Clementson v Lloyd’s. Counsel for ML in Kaplan v Murray Lawrence (Lloyd’s of London arbitration arising from Lloyd’s R&R). Counsel for AGF in Total Graphics v AGF [1997] 1 Lloyd’s Rep 599 (Commercial Court, non-disclosure, Third Party Rights Against Insurers Act 1930, led by Charles Falconer QC). Advocate in the Insurance Brokers’ Disciplinary Tribunal.
Sports, Media & Entertainment:
Counsel for ISB in ISA v ISB (International Arbitration, 2009-2010: £50m dispute over internet sports gaming franchises in Spain and Latin America - led by Bankim Thanki QC). Counsel for SWI in SunderlandFC v Sports World International (HC 2005/2006 – sponsorship and merchandising contracts). Counsel for FW in Jones v Frank Warren (HC – Boxing promotion contracts, illegality and duress). Counsel for IMG in Coulthard v IMG (HC - Formula 1 driver/merchandising contracts, undue influence and duress). Advisory work in respect of boxing management/promotion and film/television licensing.
Publications
Oh Brother, Where Art Thou?– New Notification Requirements pursuant to Section 226A of the Trade Union and Labour Relations (Consolidation) Act 1992 – Chambers& Partners Employment Report – Jan 06.