Niran de Silva KC

Niran has advised and appeared on behalf of numerous clients in interim injunction litigation in the King’s Bench Division and the Chancery Division, including in following sectors: banking and finance, insurance, renewable energy, recruitment, travel, software development, property, PR and opinion polling, both obtaining and successfully resisting injunctive relief.

Niran has particular expertise in obtaining injunctive relief under the Protection from Harassment Act 1997, including advising companies on protecting their employees from harassment by ex-employees and protesters.

His High Court practice also encompasses advising on claims relating to senior executive remuneration, including share options. His clients in this area include several listed companies as well as directors of these. 

He provides seminars to clients on the following topics “Obtaining and Defending Interim Relief: a Practical Guide” and “Protecting Your Client’s Confidential Information in and out of Court”. 

Niran regularly represents companies and individuals in high-value discrimination and whistleblowing claims, as well as wrongful dismissal and bonus claims, in the High Court, the Employment Tribunal and the EAT.

He has a particular expertise in disputes in the financial services sector where obligations under the FCA Senior Managers and Certification Regime are engaged. He has experience of representing parties in the following sectors, among others: insurance, policing, education, travel, software development, retail.

Niran also sits part-time as an Employment Judge.

• Jump Trading v Couture & Another [2023] EWHC 1305 (KB). Successfully resisted application for interim injunctive relief in the terms of a restrictive covenant
• Royal Mencap Society v Tomlinson-Blake [2021] IRLR 758. Landmark Supreme Court ruling on minimum wage affecting thousands of workers in the care sector.
• Advetec Holdings v Shaw & Another (2020), appeared for a claimant technology company in successful application for without notice ‘doorstep delivery-up’ injunction against former CEO. Successfully resisted application to set aside order on return date.
• Walker v Wallem Shipmanagement [2020] IRLR 257.  Leading case on territorial scope of discrimination provisions of the Equality Act 2010 applying to seafarers.
• A&B v X&Y [2019] IRLR 920. Case on restricted reporting during the course of proceedings and interaction of Article 8 right to privacy and Article 10 right to freedom of expression.
• Bourne Rail v Ashton & Others [2018] EWHC 17 (QB), acted for three of the defendants in 10-day expedited trial in Queen’s Bench Division of claims for unlawful means conspiracy and restrictive covenant injunctions brought by rail construction company. All of the claims against them were dismissed.
• Bear Scotland v Fulton & Baxter [2015] ICR 221 EAT. Landmark judgment on in inclusion of non-guaranteed overtime in holiday pay
• Allen v Hounga [2014] 1 WLR 2889. Supreme Court judgment on illegality defence in statutory torts.

Niran is regularly instructed as Counsel in institutional and ad hoc arbitrations, in particular in the telecommunications and aviation sectors. Recent arbitrations include appearing in a multi-million domestic arbitration brought by a telecommunications provider for the costs of monitoring and repairing its network and advising an aviation maintenance provider on an international arbitration against an emanation of a state.

He is also experienced in court litigation supporting the arbitration process, including interim applications and anti-suit Injunctions.

In addition, he has experience of acting as an arbitrator (including as chair of the Arbitral Tribunal) under the LCIA Rules.

He lectures to clients on International Arbitration and is available to provide a popular and highly-regarded seminar titled “Introduction to International Arbitration” which is geared toward litigators who wish to develop their expertise in arbitration and which deals with drafting clauses, the arbitration process (administered and non-administered), court supervision, enforcement of awards and ‘hot topics’ in arbitration.

Niran is frequently instructed in a range of commercial disputes in the High Court.

His recent cases include:

• Appearing for the government of Brazil in a Commercial Court claim arising from a government tender for purchase of aircraft parts.
• Acting for a provider of commercial AV infrastructure and equipment in unfair prejudice petition brought by shareholder director.
• Acting for a telecommunications provider in test cases affecting millions of pounds worth of claims annually, arising from incidents of negligent damage to its network.
• Appearing for shareholder director in High Court claim for misrepresentation and breach of warranty against commercial provider of military vehicles.
• Advising SMEs on potential claims under the Financials Services and Markets Act 2000 against banks for mis-selling of fixed income swaps.
• Acting for leading polling company in High Court claim arising from misuse of confidential information by former director.
• Advising an aviation maintenance and training provider on claim for breach of contract against emanation of foreign government.
• Advising a major health club chain on threatened claim by commercial provider of fitness instructors for fees under a Licence Agreement.
• Appearing on behalf of a film distributor in High Court injunctive proceedings arising from alleged breaches of its licence.
• Thitchener & Another v Vantage Capital [2019] EWHC 1576 (QB). Appeared for successful defendant in claims for payment under an LLP agreement.

Niran lectures on a range of topics including Contribution Claims, Commercial Arbitration and Electronic Disclosure in Commercial Litigation.

Niran regularly conducts internal investigations and hearings concerning grievances, whistleblowing allegations and disciplinary matters, in particular in the financial services sector.

Recent investigations include:

• A grievance appeal dealing with allegations of bullying and unpaid bonus.
• An internal investigation into allegations of race discrimination at a major charity.
• A whistleblowing investigation following alleged health and safety breaches at a multi-national food distributor.
• An internal disciplinary investigation of harassment allegations made against regulated individuals This involved consideration of the firm and individuals’ responsibilities under the FCA’s Senior Managers and Certification Regime.
• Investigating and determining a whistleblower’s allegations against the board of a technology company that there were breaches of regulatory obligations when the company was floated

Niran was also Counsel to the Metropolitan Police in the public inquiry into Professional Standards and Employment Matters in the Metropolitan Police Service (the Morris Inquiry).