Here are a number of highlighted Case Studies. In the interests of confidentiality, in some instances, references to case names and individuals have been abbreviated.
"Damian McCarthy has the ability to deliver on the wider dimensions of strategic thinking and client reality that come with sensitive high profile litigation."
Senior Partner, Speechly Bircham
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Moira Stuart v BBC
This case involved claims of age discrimination and was covered in every national newspaper and repeatedly on national news channels. The case ended in an outstanding result for Damian´s client, Moira Stuart.
P v S
This case entailed a claim for over £15 million by a trader from a well-known bank. The Claimant was allegedly denied a large bonus in breach of contract, subjected to disability discrimination and unfairly dismissed, which caused him to suffer a stress related illness. The issues were complex and entailed a consideration of numerous acts of discrimination and the way in which this is alleged to have impacted on the Claimant. The bonus claim involved a detailed consideration of various trading data, and formulating a cogent and effective response based on the data. The case concluded with a very substantial sum of money being offered by the Respondent to Damian´s client, the Claimant.
Haley Tansey v HBOS
The Claimant in this case, a female banker, made allegations of sexual harassment extending back to 1998. Allegations were made against numerous managers and employees and the claim was for a very large six figure claim. The hearing lasted for over three weeks and there was detailed cross-examination of numerous witnesses and complex questions of discrimination law to be considered. There was continual coverage in numerous national newspapers and other media. The case concluded with Damian´s client (HBOS) succeeding on every single point.
Pedropillai v PWC
A complex case of involving race discrimination and victimisation of a very senior partner at PWC for a period of over ten years. The claim was for £2.6 million.
Damian worked alongside Chris Jeans QC (awarded Best Employment QC in 2011) to represent Mr Pedropillai in a long ET hearing. The decision has yet to be handed down by the ET.
M v G
The case of an ex-soldier (M) shot by another ex-soldier whilst working in Iraq for a security firm (G). This case has been widely reported on numerous national TV channels and national newspapers. It is a complex claim concerning jurisdiction, potential negligence by the employer and a breach of contract.
A v V
An airline pilot for a well-known national airline was accused of rape by a member of the cabin crew. The case concerned claims of race discrimination, unfair dismissal and breach of contract. It was covered in numerous national newspapers. After a long and protracted period of litigation the case ended in an outstanding result for Damian’s client.
Ademi and Others v F M Conway
A complex case involving a claim by eight trade union members who brought claims against for (1) dismissal connected with a TUPE transfer, (2) trade union related dismissals, and (3) breach of the Human Rights Act. The case was a complex mixture of law and fact in relation to each of the claims. The case was unique in that it entailed the Respondent breaching the Claimants´ human rights repeatedly tape recording the Claimants during employment and following them (post-dismissal) to covertly tape record them.
The judgment in the case ended with excellent results for Damian´s clients (the employees) and damages of five figures being awarded against FMC. The case was reported in numerous publications.
Damian also successfully resisted FM Conway´s appeal against the Employment Tribunal decision.
Other recent cases
- An equal pay test case, worth several million pounds, brought by several hundred cleaners within a local authority;
- A claim by a Managing Director of a national company for breach of contract and dismissal, causing a stress related illness;
- A test case brought by IPMS trade union on behalf of livestock workers alleging less favourable treatment on the ground of their fixed-term contractual status. The claims were all successful. The case was defended by Peter Wallington QC at the remedy hearing. The Claimants were successful and settled for significant sums;
- A claim brought by two hotel managers claiming race and sex discrimination against a national hotel chain;
- A disability discrimination claim brought by a teacher alleging bullying/stress related illness and a failure to make reasonable adjustments;
- A "whistle-blowing" claim brought by an accountant alleging the theft of several million pounds from clients;
- A breach of contract claim brought by a Director of a large company, owed just over a million pounds under his contract.
- A test case brought by several hundred employees in relation to industrial deafness;
- A test case brought on behalf of work-related upper limb disorder case of (Mountenay and Ors v Bernard Matthews).
Note
Damian has practiced as a Barrister for 18 years. He no longer does so - instead practicing as an Employment Law Advocate. As a result Damian is now able to provide a superior service to clients.
Damian is now able to employ the support staff, legal staff and other employment lawyers to provide a very high standard of service to clients.
Barristers are prevented from hiring other lawyers, so their services are severely curtailed when dealing with clients.