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Lucy Bone
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LUCY BONE

Senior junior frequently instructed on high value and complex matters and often against silks. Lucy has depth and breadth of experience of all aspects of employment law and the crossover to commercial work including soft IP, regulatory and company matters. Lucy’s High Court practice has an emphasis on confidential information, fraud, competitive activity and breaches of directors’ duties. She has particular experience in litigation concerning post-termination restraints and team moves, including applications for injunctive relief and speedy trials.

With a wealth of experience across the spectrum of employment law including all forms of discrimination and statutory complaints, Lucy frequently acts in the Employment Tribunal, Employment Appeal Tribunal and High Court. High value or complex discrimination and equal pay claims, and whistleblowing complaints are a particular feature of Lucy’s practice. Alongside practice, Lucy is Company Secretary of the ELA.

Lucy has a developing expertise in regulatory matters in particular financial services regulation, having completed the prestigious LSE short course on Financial Services Regulation. Lucy served as Special Advisor to the Equality and Diversity Committee of the Bar Standards Board, and now provides ad hoc advice on specific projects including the retention of women barristers. Lucy served as a barrister member of the Bar’s Professional Conduct Committee and is a member of ARDL.

“Very responsive, willing to be flexible with availability, good to work with, good with clients and definitely knows her stuff.” Chambers and Partners 2017

“Always clear and pragmatic when giving advice.” Legal 500 2017

“An acclaimed senior junior who is praised for her grasp of detail and understanding of commercial reality… A dogged and brave advocate, she will press points even if the judge may not be with her in the beginning.” Chambers and Partners 2016

“Hailed by peers as a rising force” … "She is very effective in cross-examination" "Very organised, she is dependable, calm and articulate." Chambers and Partners 2015

“A highly effective advocate who makes her points with great flair … frequently instructed on cases across the employment law spectrum which are of strategic importance to clients.” Chambers and Partners 2014

“Robust and user-friendly Chambers and Partners 2013

“Really knows her stuff … grasps complex issues incredibly quickly and offers practical advice with genuine enthusiasm. Chambers and Partners 2012

“At once effective, charming and confident.” Chambers and Partners, 2011

 

    Commercial Litigation

Lucy undertakes general commercial work with an emphasis on business protection and unlawful competition, directors’ duties and fiduciary duties. Many of her cases are resolved before proceedings are issued and/or are commercially sensitive. Recent cases include: 

  • Re a Travel Company [2017]: advised in relation to misfeasance by Managing Director including expenses fraud and misappropriation of company monies;
  • Capco v. Tarver and Others [2016]: instructed by one of the Defendant employees facing a £ multi-million claim in the fintech sector including conspiracy and breach of intellectual property;
  • Re A Financial Services Consultancy [2016]: acting for Defendant employee in alleged team move, facing claim under Computer Misuse Act and for misappropriation of confidential information and breach of copyright;
  • Re Proprietary Trading Hedge Fund [2015]: representing the fund against several former traders and a competitor fund re infringement of copyright and misappropriation of trade secrets including trading data and algorithms;
  • Re A Consumer Media Company [2015]: Advising the company following the discovery that one of its directors had used information stolen from a competitor in devising customer lists and marketing strategies;
  • Re A Retail Financial Services Company [2015]: represented Defendant company alleged to have poached employees and utilized competitor’s confidential information. Advised on potential strategies re damages including Wrotham Park damages;
  • Re A Specialist Underwriter [2014]: advised a specialist underwriter at Lloyds on strategy to neutralize threat posed by former directors who had set up in competition;
  • iPulse v. Venner Shipley [2013] QBD: acted for Defendants in an alleged team move, disputing the enforceability of restrictive covenants as being too wide in scope;
  • Clinisupplies v. Karen Park [2012] EWCH 3209 Ch D: represented the Defendant on the 3-day hearing, and succeeded overturning order due to breach of the duty of full and frank disclosure. Resisted application for Norwich Pharmacal relief; obtained costs at the interim stage and 50% payment on account;
  • Gantrade Europe Limited v. Dudman (2012) QBD: represented the CEO of a petrochemical distributor against allegations of fraud, breach of contract and fiduciary duty and monies had and received. Listed for 4-day speedy trial;
  • Codemasters Software Limited v. Playground Games Limited (2010): led by Charles Samek QC in the preparation of a speedy trial acting for a major publisher of computer games where 18 employees had left and set up a competing business;
  • WCR Holdings Limited v. Steve Morris Associates Limited (2010): led by Charles Samek QC in a £multi-million construction dispute, representing owners in a claim of negligence against architects, structural engineers and construction company.

    Injunctions

Lucy is frequently instructed in many forms of injunctive proceedings with particular extensive expertise in post termination restraints and has been instructed in relation to a range of post termination matters, including fiduciary duties and preparatory steps to compete.

  • Hume Brophy v. Clark and Others [2017]: Acted for lead Defendant to an injunction application which sought to enforce covenants in a Shareholders Agreement. The case raised issues as to the basis for and appropriate scope of springboard relief, and the interplay between the necessary pre-action steps and delay;
  • Re the Panama Papers [2016]: instructed to advise and assist a solicitors firm with 100 clients implicated in the Panama Papers scandal, including a prominent foreign statesman. Advised on injunction against publication and related privacy/confidentiality issues;
  • PriceWaterhouse Coopers Plc v. Popa [2016] QBD: obtained General Civil Restraint Order against vexatious litigant on interim basis, to cover all potential Defendants in the civil courts and employment tribunals. This is the widest form of civil restraint and is rarely ordered;
  • CCS Media v. Yaddallee and Computer Supplies Limited [2015] QBD: obtained Springboard Injunction against competitor attempting to poach Claimant’s employees. Also obtained relief in relation to confidential information, an order that Defendants provide Affidavit of their wrongdoing and costs;
  • Phaidon v. Kostromski [2015] QBD: instructed on injunction raising issues about use of Linked-In and other social media and whether it amounted to solicitation;
  • SMR v. Meager [2014] ChD: successfully defended against injunction by arguing Restrictive Covenants were too wide, and recovered costs. Resisted a later application for Pre-Action Disclosure;
  • Berthold Bauer v. Harwood [2014] ChD: obtained injunction and advised on enforcement and committal proceedings on suspected breach of the Order;
  • Whitmar v. Gamage and Others [2013] EWHC 1881 (Ch): acting for the Claimant in this milestone case concerning social media, Lucy won first contested known injunction controlling the Defendants’ use of Linked-In groups and connections. A further point of note is the judge’s refusal to order speedy trial, as the Defendants had not discharged the burden of proving the need for expedition.

    Directors' Duties, Partnership and LLP issues

Lucy acts frequently on matters concerning allegations of breach of directors' duties including fiduciary duties. Lucy also undertakes partnership and LLP matters and recently sat on the ELA Working Party consulting with government on proposed changes to LLP members’ tax status. Recent experience includes:

  • Re a Doctor’s Surgery [2015]: drafted defence against proceedings brought by GP for wrongful termination and advised on partner status;
  • Re a Chartered Accountancy LLP [2015]: currently advising the sole director of a corporate member of an LLP on exiting the LLP and setting up a competing business as an individual;
  • Harsco Metals v. Kirkwood [2014]: advised in relation to breaches of director’s and fiduciary duties in cross border litigation where proceedings had been brought in the USA and a complementary relief sought in the UK;
  • Clark v. (1) Gresham House and (2) Friars Management Ltd (2010): acted for the first Defendant in a claim of breach of employment contract, listed for 6-day trial in the Chancery Division but settled after Counsel-led mediation;
  • Altecnic Limited v. Gizzi and others (2010): represented 3 directors accused of breaches of fiduciary and statutory duties, diversion of business and secret profit.

    Financial Services Regulation

Lucy has a developing disciplinary and regulatory practice and particular interest in financial services regulation reflecting her City-focused client base. Lucy completed the LSE short course on Financial Services Regulation in May 2015, covering all aspects including Conduct of Business, APER and Senior Manager Regime, Remuneration Code, Money Laundering, Market Abuse and Retail Consumer Protection. Her recent experience includes:

  • Lombardo v. Nomura [2016]: Advised a trader who is regulated (CF30), but did not have significant influence function, on his suspension and the Bank’s investigations in relation to c£50m trading losses. Drafted Tribunal Particulars of Claim for wrongful dismissal and whistleblowing;
  • Re Insurance Investment Fund [2015]: Advising the fund on appropriate strategies including possible FCA notification in relation to suspected misconduct by Approved Person;
  • Re Retail Financial Services Provider [2015]: instructed by a financial services provider working with retail outlets following a team move. Advised on potential claims, damages and negotiations generally;
  • De Seliva v. HSBC [2015] Advising on alleged mis-selling of shares and potential action in court following unsuccessful complaint to FCA;
  • Wilson v. Praemium Financial Services [2013]: Successfully defended an investment management company in a whistleblowing claim involving alleged breaches of FSA regulatory requirements. Claim brought by former compliance officer.

    Disciplinary and Regulatory

Lucy has a developing disciplinary and regulatory practice. She accepts instructions in relation to investigations and internal disciplinary hearings, both chairing and representing, and has experience of appeals of regulatory decisions with recent experience including:

  • Re a Television Channel [2016]: appointed as Independent Investigator to determine a grievance brought by a senior 58-year-old female employee against the CEO. As well as allegations of sexual harassment and assault, there were fraud allegations including accounting irregularities, misuse of company monies and manipulation of due diligence pending a takeover. Interviewed 12 employees, reviewed documents and forensically analyzed accounts, to produce report of findings and recommendations to the Board;
  • Investigation into Sexual Harassment and Assault by QC [2015]: advised on steps to be taken in investigating a conduct complaint brought by pupil;
  • Re a Private School [2015]: instructed by the family of a 13-year-old boy suspended then excluded for alleged drug taking. Advised on injunctive relief and negotiations generally;
  • Consultant Urological Surgeon v. Surrey and Sussex NHS Trust [2015] Advising doctor accused of malpractice and misconduct, including parallel employment tribunal proceedings and GMC reference;
  • Consultant Gynaecologist v. NHS Trust [2013-2014]: acted (with Jeff Bacon) in an internal disciplinary matter for a consultant gynecologist facing 350 charges of malpractice. Advised on issues arising from GMC proceedings. Represented at hearing and successful in achieving a conditional return to work;
  • Payne v. General Optical Council [2013]: acted for the GOC in resisting the appeal against refusal of student registration where the student had been convicted and imprisoned in Brazil for attempted drug trafficking;
  • Fitzgerald v. General Dental Council [2013]: succeeded in this registration appeal which saw a Dentist who suffers from multiple sclerosis be admitted onto the Specialist Care Register. Argued that the GDC should make reasonable adjustments under the Equality Act 2010 in assessing the Dentist against the guideline criteria for registration;
  • Guryokvits v. General Dental Council [2013]: advised a Dentist on prospects of appealing to the High Court the GDC’s decision to strike him off as unfit to practice.

    Employment and Discrimination

Lucy is a Band 3 Employment Junior in Chambers and Partners, and known for her comprehensive experience of all aspects of tribunal claims, particularly high value claims. Frequently acts in cases unfair dismissal including Public Interest Disclosure dismissals. Her experience of direct and indirect discrimination claims extends to all forms of discrimination, and Lucy has regular experience of high value claims, in the public and private sectors. Particular experience of note includes:

  • Tyne and Wear Transport v. Anderson [2017]: acting for the appellant in this appeal concerning relevance of the background commercial context in collectively negotiated agreements and employment contracts per se;
  • Re a Housing Association [2017]: Advised on the appeal against a finding of disability discrimination under s.15 EqA, where a job offer had been withdrawn following disclosure of the applicant’s sickness record.
  • Broachi v. Deutschebank [2016]: Acted for Claimant, for senior banker dismissed after 20 years’ clean service, in this substantial whistleblowing claim. The disclosures concerned issues of regulatory non-compliance and white-collar crime including ‘front-running’ of trades.
  • Re a Hedge Fund [2016]: advised on strategy for exiting an underperforming executive and shareholder, and defending the firm against allegations of age discrimination had been made.
  • Dimitrakov v. Student Loans Company [2015]: successfully defended against claim for discrimination in the provision of services and breach of human rights following racial profiling in a fraud crackdown.
  • Salvation Army v Bright [2015]: defending well-known Christian charity against discrimination claim from employee who sent indecent photos to female associate.
  • MacFarlane v. Berrymans [2015]: Successfully defended well-known firm in high profile dismissal of partner for misleading the Court.
  • Mann v. Siemens Limited [2014] Acted for the Claimant in highly charged claim of race discrimination brought by Jewish woman against major German firm Siemens. Cross-examined several members of Siemens’ board and its Attorney General.
  • Ringway/Eurovia [2014]: acted for Ringway/Eurovia in a multi-party TUPE case with eight Respondents relating to a £ multi-million re-tender of highway maintenance contracts. The dispute included complex issues of fragmentation of contracted services and settled on the eve of trial.
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