Eleena Misra

Year of call 2001

CClerk

Paul Adams
020 7269 0305 Email Paul

Eleena is a leading Employment & Equalities and Professional Discipline & Regulation barrister with expertise and a strong professional reputation, acknowledged in the directories as having “developed a strong reputation for handling employment disputes that require specialist knowledge of either the education or healthcare sector” (Chambers & Partners).

She is ranked as a leader in both practice areas, which are complementary to each other and the high quality Public Law work which Eleena also undertakes.

Eleena regularly appears in tribunals and in the High Court including at appellate level having been described as:

“An excellent written and oral advocate” (Legal 500)

Eleena spent fifteen years at Littleton Chambers (2001 to 2017) during which time she founded and headed up the Professional Discipline & Regulation Group.

In a market crowded with barristers, clients have said, time and again, that Eleena’s strength is her nuanced understanding of how best to apply intelligent solutions to essentially human problems. This depends on careful legal analysis and a way of dealing with parties, clients and witnesses which is borne of years of experience. Clients who regularly seek her advice or advocacy skills span the full range from City banks to public sector organisations, including the NHS and universities, from Formula One media personalities to charities. Indeed, many of her high-profile cases stay out of court (and the press) altogether because of the careful and strategic advice she has given at an early stage, thereby also saving costs. It is this which means that Eleena is chosen because of what she does and how she does it and not just on the basis of her client base; she has resisted being pigeon-holed as a public or private sector barrister and uses her experience of acting for both as well as being for claimants and defendants to great tactical advantage.

Eleena is known for her ability to assimilate complex material swiftly and provide strategic and commercial advice. Highly approachable and hands-on, Eleena is valued by solicitors for her calm approach to even the most time pressured and stressful litigation, including short notice injunctions, as well as sensitive client handling skills. At these stressful times, clients find her to be “Exceptionally, alert, available and responsive” (Legal 500, 2017).

Eleena has breadth and depth of expertise in cases with a medical dimension, having acted for numerous health practitioners, the NHS and associated agencies. These cases have included CESR applications and appeals, fitness to practise concerns, injunctions, actions in the QBD and judicial review.

Eleena is equally at home with cases which have a commercial angle, including business information protection or team move cases, having obtained and defended many applications for injunctions in this field of law in the last decade and a half.

She has an especial interest in public procurement and the regulation of pay. Recent lectures include 'Procurement Issues for General Practice Providers' and 'City Pay: Deferred Remuneration and CRDIV'.

When time permits, Eleena offers lectures and training in all major areas of employment law including discrimination, breach of contract, whistleblowing and injunctions.

She is a co-author of Blackstones’ Employment Law Practice (OUP 2017) as well as having written for and contributed to several leading texts over the years, including Atkins on Equal Opportunities and Employment.

Outside of work, Eleena can be found enjoying time with family, travelling, the performing arts and working on projects close to her heart.

Eleena speaks French and Oriya and has a working understanding of Hindi.

Appointments

  • Eleena is Vice-Chair of the Law Reform Committee of the Bar Council and an Elected Member of the Bar Council for the period 2017 to 2020.
  • Eleena is an Advocacy Trainer for Middle Temple and Bar Mentor, as well as a qualified Pupil Supervisor.

Vice-Chair Law Reform Committee
Elected Member Bar Council
Author of Blackstones’ Employment Law Practice 2017

  • Rochford v WNS Global – Court of Appeal 2017 (Employment & Equalities)
  • Sivanandan v IPCC and Penna – ET 2016 to 2017 (Employment & Equalities)
  • Investigation into alleged sexual misconduct at A Bank (Employment & Equalities and Professional Discipline / Regulation)
  • Multiple higher-education sexual violence disciplinary cases (Professional Discipline / Education)
  • Acting for HFEA in confidential and closed hearings (Professional Discipline / Health / Regulation / Public Law)

Eleena is an employment and equalities specialist, ranked as a leader in this field in both Chambers & Partners and the Legal 500. She has wide and in-depth litigation and advisory experience in all aspects of employment law.

Eleena was a member of Littleton Chambers from 2001 to 2017 where she undertook her pupillage. During this time, she was led by leading silks and appeared without a leader in many high value and high profile cases in the tribunal. She was also sought out for appeals and cases involving confidential information or team moves and short notice injunctions in the High Court.

While Eleena is regarded in the market as a very confident, experienced and assured advocate in any type of employment dispute, she is sought out by solicitors for cases in the healthcare and education sectors and City sex / race discrimination litigation. In cases requiring technical expertise in disciplinary or regulatory matters, Eleena is a natural choice given her parallel and complementary  knowledge and experience in that field. She is also able to accept instructions to appear as counsel in mediations.

Unsurprisingly, Eleena is perhaps best known for her work at the intersection of Employment and Professional Discipline. Clients have often called upon her to appear in internal hearings, tribunals, the Queen’s Bench Division, before the relevant regulator and in the Administrative Court on the same factual matrix. It is Eleena’s calm and measured approach to even the most stressful litigation and her seasoned appearances in all of these jurisdictions that have marked her out as a go-to senior junior for many of her loyal instructing solicitors.

Eleena is regularly instructed by leading law firms in this area and has been selected to deal with high value, highly confidential and high profile litigation or investigations, many a time against Leading Counsel.

A sample of Eleena’s recent cases include the following (anonymised where necessary or appropriate):

  • Junior counsel (led by Mark Sutton QC) in Agarwal v Cardiff University & anor [2017] ICR 967 acting for the successful Appellant doctor and establishing that Employment Tribunals have jurisdiction to construe contracts in wages claim under ERA 1996;
  • Acting for a large and well-known banking institution in a group action brought under the Working Time Regulations (2018);
  • Instructed by a Claimant in a highly sensitive case against a law firm involving multiple respondents and alleged discrimination and harassment (2018)
  • Acting for a board member in a complex race discrimination claim against a professional regulatory body – testing the boundaries of the Equality Act 2010;
  • Acting for the respondent on appeal to the Court of Appeal in a case involving section 15 Equality Act 2010 and the unfair dismissal regime and an alleged refusal to obey that which was perceived to amount to discriminatory instructions (now due to be heard in the Autumn 2017);
  • Acting for an NHS trust in relation to claims of religious discrimination brought by a respected Consultant Paediatrician; a case involving issues that turned out to be prescient of the conflicting decisions at European level on the manifestation of religious belief;
  • Acting for a Consultant against an NHS trust in proceedings for injunctive relief in the QBC to restrain breaches of the MHPS framework applicable to the contract of employment;
  • Obtaining an in-principle award for career long losses for a professional claimant client in complex protected disclosure and disability discrimination claims;
  • Internal investigation for a bank concerning serious allegations of sexual impropriety by a senior executive;
  • Acting as junior counsel to Sberbank Rossi, Sberbank UK and others in highly publicised sex discrimination and associated claims brought by Ms Svetlana Lokhova (2013 to 2016);
  • Acting for a very well-known university in internal hearing against a senior academic;
  • Acting for the IPCC in long running discrimination in recruitment claims (ongoing);
  • Advising financial institutions and individuals on issues arising from application of bonus cap and clawbacks.

Eleena is a member of ELA (and was formerly on its Management Board from 2012-14) and ELBA.


Eleena founded and headed up the Professional Discipline & Regulation Group at Littleton Chambers where she was a tenant until 2017. She is ranked in Legal 500 as a leader in this field.

Her sector focus is on healthcare and education, but she has advised at high level on other professional regulatory issues particularly in police misconduct matters.

Eleena sits as a Legal Adviser to the General Optical Council and has advised clients in connection with a number of healthcare regulators including (but not limited to) the GMC (and previously PMETB), NMC, HFEA, CQC, HCPC, MHRA and GPhC.

Eleena has a wealth of knowledge and experience of disciplinary and regulatory work, which has ranged from representing individuals to advising the regulators themselves.

Example cases (anonymised where necessary or appropriate) include:

  • Instructed by the Human Fertility and Embryology Authority in complex case involving consent to fertility treatment and legal parenthood including in In the matter of the Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T and U) (No 2) before Sir James Munby (President of the Family Division of the High Court).
  • Appeal in the Court of Appeal for a Consultant concerning his application to be admitted to the GMC’s specialist register via the ‘CESR’ route;
  • Acting for the Human Fertilisation and Embryology Authority in highly confidential proceedings involving legal parenthood issues;
  • Acting for the Chief Constable of North Yorkshire in the first gross misconduct proceedings against a Chief Constable in over thirty years (in the pre-public hearings regime);
  • Acting for Doctor X in GMC interim order case;
  • Investigating alleged rape in civil context;
  • Advising university disciplinary panel in sexual violence case against Student X in which Student Y refused to attend to give evidence;
  • Acting for management side in disciplinary hearing concerning fire-fighter;
  • Obtaining injunctive relief to restrain the dismissal of Doctor X by NHS trust;
  • Representing a group of midwives acting as whistle-blowers in connection with home birthing practice;
  • Defending application for injunctive relief brought by agency staff in a mental health unit;
  • Judicial review arising from breaches of professional standards said to have been committed by a medical undergraduate;
  • Strategic advice and assistance to a pharma company concerning issues arising from a clinical trial / mistaken use of unlicensed product as a medical device in the context of potential MHRA intervention;
  • Defending a special constable alleged to have put her position as a special in jeopardy whilst seeking to prevent a friend from coming to harm on an off-duty evening out;
  • Representing leading medical pioneer in complex case involving whistleblowing and discrimination and associated disciplinary matters;
  • Advising a bank on its pay regulation policy by reference to CRDIV.

 

Many of Eleena’s cases have been for NHS trusts and healthcare professionals, which has given her a depth of understanding in respect of internal disciplinary procedures and the developing jurisprudence concerning the court’s jurisdiction to grant injunctions to restrain employers from taking disciplinary measures or from dismissing employees.

Eleena has a particular interest in the regulation of pay for senior executives and the regulation of public contracts.

Eleena has also been instructed on behalf of several universities to conduct sensitive work concerning sexual violence alleged to have been committed by students.  She has advised panels independently and brings a rare level of experience to this line of work having been engaged by several higher education establishments in light of a zero tolerance and proactive approach to prevent sexual violence on campus.

At home with the language, science and culture of the medical world, Eleena has a sound basis understanding of medical and surgical concepts and terminology, which assists in her healthcare practice. Additionally, Eleena holds a Diploma in Forensic Medicine.

Eleena’s expertise in employment law and public law often dovetail with her disciplinary work such that clients often approach her for advice and representation in variety of settings is envisaged e.g. injunction, judicial review, regulatory proceedings and a tribunal claim.

Example cases (anonymised where necessary or appropriate):

  • Acting for an NHS trust in an application for an injunction brought by a surgeon accused of serious clinical negligence and of causing or contributing to patient deaths;
  • Acting for a patient suing a surgeon for negligence in performing  gastric band surgery;
  • Advising an NHS trust as to whether it was obliged to fund a particular type of cosmetic surgery given overall budgetary constraints;
  • Acting for Consultant against NHS trust for specific performance of contract of employment and obtaining injunction against the trust regarding associated disciplinary procedural breaches / breaches of the Equality Act 2010;
  • Acting for a trust against a midwife alleged to have told a woman in labour that she should have ‘kept her legs shut’ and denying pain relief;
  • Acting for doctors in a class action in Northern Ireland regarding a pay dispute.

 

Eleena is a member of ARDL and PNBA.

Recent lectures include Handling Bias in Disciplinary Proceedings, Doctors and Injunctions (a special case?) and Equality and Professionalism.


Eleena has spent over a decade and a half working for individuals and companies in a wide variety of contract and tortious claims including actions in negligence, claims for interim relief and economic torts.

Clients have been as varied as the subject matter of the disputes themselves, from Formula One celebrities to footballers, surgeons and bookmakers.

Eleena is particularly experienced in dealing with the following genre of commercial dispute:

  • Restrictive covenants and team moves (Eleena was a member of Littleton Chambers from 2001 to 2017);
  • “Mezey” instructions to restrain dismissal or suspension;
  • Higher educational sector clients;
  • Disputes which give rise to issues of Professional Discipline / Regulation or Public Law including procurement.

Eleena is a highly experienced and able senior junior who conducts, assists and advises clients on investigations across a variety of disciplines in the public and private sector.

She has investigated misfeasance, misconduct, harassment, discrimination, whistleblowing and victimisation complaints in organisations including:

  • law firms
  • charities
  • multi-national banks
  • military agents
  • public sector employers
  • small and large firms and companies

Known for paying careful attention to the various strands of an investigation and with an in-depth experience of operating in privileged and non-privileged environments, Eleena’s involvement usually assists clarity and focus to even unwieldy or seemingly intractable disputes.

Eleena’s expertise in Professional Discipline & Regulation, Employment & Equalities and Public Law give her a solid technical understanding required to tackle a broad range of problems frequently arising in this context. Whether the Gordian knot seems to involve confidentiality issues, disclosure, data protection or privilege, and whether there are overlapping internal and external investigations, Eleena is known for careful and measured legal analysis, hard work and fearless integrity in investigations.

Not to be overlooked when instructing counsel in investigations, is the important ability to work in sensitive and time-critical situations. Eleena is able to handle witnesses and clients in a firm but fair manner, putting nervous individuals at ease, getting to the core of an issue quickly and robustly whilst instilling confidence in all stakeholders including senior decision makers as to her independence and integrity.


Eleena has a Diploma in Forensic Medicine (QMUL/Barts 2011) and accepts instructions to advise clients and attend inquests (including Art. 2 inquests).

Eleena is calm, measured, client-friendly and has rigorous attention to detail. She is particularly adept at dealing with inquests which involve clinical issues, hospital deaths or the police. She is a fearless cross-examiner.

Example cases (anonymised where necessary or appropriate):

  • Acting for a medical professional accused of administering an unlicensed drug to an elderly patient in his care;
  • Acting for the family of the deceased who died in hospital after what was described as a ‘catalogue of systemic errors’ by nursing and medical staff prompting concern over future preventable deaths;
  • Advising in connection with the deaths of two young teenagers thought to be driving too fast in order to comply with an insurance curfew;
  • Acting for NHS trust in case concerning allegations of dishonest or misleading evidence given by a medical professional at an inquest;
  • Advising campaign group on issues concerning systematic overcrowding of hospitals by trust / former SHA in the context of informed consent post-Montgomery.
  • Advising ambulance service in connection with concerns around the activity of an individual technician.

Eleena has volunteered her legal services to AVMA and Inquest on a pro bono basis.

  • Hardy v Polk (Leeds) Limited [2004] IRLR 420 (EAT)
  • Phillips v Xtera Communications [2011] IRLR 724 (EAT)
  • Dr Drew v Walsall Healthcare NHS Trust [2013] EQLR 105 and [2013] UKEAT 0378/12/2009
  • Hussain v Jury’s Inn Group [2016] UKEAT/0283/15/0302
  • Lokhova v Sberbank UK & Others [2013] – [2016] ET / EAT / HC
  • Rochford v WNS Global (Court of Appeal, 2017 *postponed)

pAwards

C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual

Eleena is a leading Employment & Equalities and Professional Discipline & Regulation barrister with expertise and a strong professional reputation, acknowledged in the directories as having “developed a strong reputation for handling employment disputes that require specialist knowledge of either the education or healthcare sector” (Chambers & Partners).

She is ranked as a leader in both practice areas, which are complementary to each other and the high quality Public Law work which Eleena also undertakes.

Eleena regularly appears in tribunals and in the High Court including at appellate level having been described as:

“An excellent written and oral advocate” (Legal 500)

Eleena spent fifteen years at Littleton Chambers (2001 to 2017) during which time she founded and headed up the Professional Discipline & Regulation Group.

In a market crowded with barristers, clients have said, time and again, that Eleena’s strength is her nuanced understanding of how best to apply intelligent solutions to essentially human problems. This depends on careful legal analysis and a way of dealing with parties, clients and witnesses which is borne of years of experience. Clients who regularly seek her advice or advocacy skills span the full range from City banks to public sector organisations, including the NHS and universities, from Formula One media personalities to charities. Indeed, many of her high-profile cases stay out of court (and the press) altogether because of the careful and strategic advice she has given at an early stage, thereby also saving costs. It is this which means that Eleena is chosen because of what she does and how she does it and not just on the basis of her client base; she has resisted being pigeon-holed as a public or private sector barrister and uses her experience of acting for both as well as being for claimants and defendants to great tactical advantage.

Eleena is known for her ability to assimilate complex material swiftly and provide strategic and commercial advice. Highly approachable and hands-on, Eleena is valued by solicitors for her calm approach to even the most time pressured and stressful litigation, including short notice injunctions, as well as sensitive client handling skills. At these stressful times, clients find her to be “Exceptionally, alert, available and responsive” (Legal 500, 2017).

Eleena has breadth and depth of expertise in cases with a medical dimension, having acted for numerous health practitioners, the NHS and associated agencies. These cases have included CESR applications and appeals, fitness to practise concerns, injunctions, actions in the QBD and judicial review.

Eleena is equally at home with cases which have a commercial angle, including business information protection or team move cases, having obtained and defended many applications for injunctions in this field of law in the last decade and a half.

She has an especial interest in public procurement and the regulation of pay. Recent lectures include 'Procurement Issues for General Practice Providers' and 'City Pay: Deferred Remuneration and CRDIV'.

When time permits, Eleena offers lectures and training in all major areas of employment law including discrimination, breach of contract, whistleblowing and injunctions.

She is a co-author of Blackstones’ Employment Law Practice (OUP 2017) as well as having written for and contributed to several leading texts over the years, including Atkins on Equal Opportunities and Employment.

Outside of work, Eleena can be found enjoying time with family, travelling, the performing arts and working on projects close to her heart.

Eleena speaks French and Oriya and has a working understanding of Hindi.

Appointments

  • Eleena is Vice-Chair of the Law Reform Committee of the Bar Council and an Elected Member of the Bar Council for the period 2017 to 2020.
  • Eleena is an Advocacy Trainer for Middle Temple and Bar Mentor, as well as a qualified Pupil Supervisor.

Vice-Chair Law Reform Committee
Elected Member Bar Council
Author of Blackstones’ Employment Law Practice 2017

  • Rochford v WNS Global – Court of Appeal 2017 (Employment & Equalities)
  • Sivanandan v IPCC and Penna – ET 2016 to 2017 (Employment & Equalities)
  • Investigation into alleged sexual misconduct at A Bank (Employment & Equalities and Professional Discipline / Regulation)
  • Multiple higher-education sexual violence disciplinary cases (Professional Discipline / Education)
  • Acting for HFEA in confidential and closed hearings (Professional Discipline / Health / Regulation / Public Law)

Eleena is an employment and equalities specialist, ranked as a leader in this field in both Chambers & Partners and the Legal 500. She has wide and in-depth litigation and advisory experience in all aspects of employment law.

Eleena was a member of Littleton Chambers from 2001 to 2017 where she undertook her pupillage. During this time, she was led by leading silks and appeared without a leader in many high value and high profile cases in the tribunal. She was also sought out for appeals and cases involving confidential information or team moves and short notice injunctions in the High Court.

While Eleena is regarded in the market as a very confident, experienced and assured advocate in any type of employment dispute, she is sought out by solicitors for cases in the healthcare and education sectors and City sex / race discrimination litigation. In cases requiring technical expertise in disciplinary or regulatory matters, Eleena is a natural choice given her parallel and complementary  knowledge and experience in that field. She is also able to accept instructions to appear as counsel in mediations.

Unsurprisingly, Eleena is perhaps best known for her work at the intersection of Employment and Professional Discipline. Clients have often called upon her to appear in internal hearings, tribunals, the Queen’s Bench Division, before the relevant regulator and in the Administrative Court on the same factual matrix. It is Eleena’s calm and measured approach to even the most stressful litigation and her seasoned appearances in all of these jurisdictions that have marked her out as a go-to senior junior for many of her loyal instructing solicitors.

Eleena is regularly instructed by leading law firms in this area and has been selected to deal with high value, highly confidential and high profile litigation or investigations, many a time against Leading Counsel.

A sample of Eleena’s recent cases include the following (anonymised where necessary or appropriate):

  • Junior counsel (led by Mark Sutton QC) in Agarwal v Cardiff University & anor [2017] ICR 967 acting for the successful Appellant doctor and establishing that Employment Tribunals have jurisdiction to construe contracts in wages claim under ERA 1996;
  • Acting for a large and well-known banking institution in a group action brought under the Working Time Regulations (2018);
  • Instructed by a Claimant in a highly sensitive case against a law firm involving multiple respondents and alleged discrimination and harassment (2018)
  • Acting for a board member in a complex race discrimination claim against a professional regulatory body – testing the boundaries of the Equality Act 2010;
  • Acting for the respondent on appeal to the Court of Appeal in a case involving section 15 Equality Act 2010 and the unfair dismissal regime and an alleged refusal to obey that which was perceived to amount to discriminatory instructions (now due to be heard in the Autumn 2017);
  • Acting for an NHS trust in relation to claims of religious discrimination brought by a respected Consultant Paediatrician; a case involving issues that turned out to be prescient of the conflicting decisions at European level on the manifestation of religious belief;
  • Acting for a Consultant against an NHS trust in proceedings for injunctive relief in the QBC to restrain breaches of the MHPS framework applicable to the contract of employment;
  • Obtaining an in-principle award for career long losses for a professional claimant client in complex protected disclosure and disability discrimination claims;
  • Internal investigation for a bank concerning serious allegations of sexual impropriety by a senior executive;
  • Acting as junior counsel to Sberbank Rossi, Sberbank UK and others in highly publicised sex discrimination and associated claims brought by Ms Svetlana Lokhova (2013 to 2016);
  • Acting for a very well-known university in internal hearing against a senior academic;
  • Acting for the IPCC in long running discrimination in recruitment claims (ongoing);
  • Advising financial institutions and individuals on issues arising from application of bonus cap and clawbacks.

Eleena is a member of ELA (and was formerly on its Management Board from 2012-14) and ELBA.


Eleena founded and headed up the Professional Discipline & Regulation Group at Littleton Chambers where she was a tenant until 2017. She is ranked in Legal 500 as a leader in this field.

Her sector focus is on healthcare and education, but she has advised at high level on other professional regulatory issues particularly in police misconduct matters.

Eleena sits as a Legal Adviser to the General Optical Council and has advised clients in connection with a number of healthcare regulators including (but not limited to) the GMC (and previously PMETB), NMC, HFEA, CQC, HCPC, MHRA and GPhC.

Eleena has a wealth of knowledge and experience of disciplinary and regulatory work, which has ranged from representing individuals to advising the regulators themselves.

Example cases (anonymised where necessary or appropriate) include:

  • Instructed by the Human Fertility and Embryology Authority in complex case involving consent to fertility treatment and legal parenthood including in In the matter of the Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T and U) (No 2) before Sir James Munby (President of the Family Division of the High Court).
  • Appeal in the Court of Appeal for a Consultant concerning his application to be admitted to the GMC’s specialist register via the ‘CESR’ route;
  • Acting for the Human Fertilisation and Embryology Authority in highly confidential proceedings involving legal parenthood issues;
  • Acting for the Chief Constable of North Yorkshire in the first gross misconduct proceedings against a Chief Constable in over thirty years (in the pre-public hearings regime);
  • Acting for Doctor X in GMC interim order case;
  • Investigating alleged rape in civil context;
  • Advising university disciplinary panel in sexual violence case against Student X in which Student Y refused to attend to give evidence;
  • Acting for management side in disciplinary hearing concerning fire-fighter;
  • Obtaining injunctive relief to restrain the dismissal of Doctor X by NHS trust;
  • Representing a group of midwives acting as whistle-blowers in connection with home birthing practice;
  • Defending application for injunctive relief brought by agency staff in a mental health unit;
  • Judicial review arising from breaches of professional standards said to have been committed by a medical undergraduate;
  • Strategic advice and assistance to a pharma company concerning issues arising from a clinical trial / mistaken use of unlicensed product as a medical device in the context of potential MHRA intervention;
  • Defending a special constable alleged to have put her position as a special in jeopardy whilst seeking to prevent a friend from coming to harm on an off-duty evening out;
  • Representing leading medical pioneer in complex case involving whistleblowing and discrimination and associated disciplinary matters;
  • Advising a bank on its pay regulation policy by reference to CRDIV.

 

Many of Eleena’s cases have been for NHS trusts and healthcare professionals, which has given her a depth of understanding in respect of internal disciplinary procedures and the developing jurisprudence concerning the court’s jurisdiction to grant injunctions to restrain employers from taking disciplinary measures or from dismissing employees.

Eleena has a particular interest in the regulation of pay for senior executives and the regulation of public contracts.

Eleena has also been instructed on behalf of several universities to conduct sensitive work concerning sexual violence alleged to have been committed by students.  She has advised panels independently and brings a rare level of experience to this line of work having been engaged by several higher education establishments in light of a zero tolerance and proactive approach to prevent sexual violence on campus.

At home with the language, science and culture of the medical world, Eleena has a sound basis understanding of medical and surgical concepts and terminology, which assists in her healthcare practice. Additionally, Eleena holds a Diploma in Forensic Medicine.

Eleena’s expertise in employment law and public law often dovetail with her disciplinary work such that clients often approach her for advice and representation in variety of settings is envisaged e.g. injunction, judicial review, regulatory proceedings and a tribunal claim.

Example cases (anonymised where necessary or appropriate):

  • Acting for an NHS trust in an application for an injunction brought by a surgeon accused of serious clinical negligence and of causing or contributing to patient deaths;
  • Acting for a patient suing a surgeon for negligence in performing  gastric band surgery;
  • Advising an NHS trust as to whether it was obliged to fund a particular type of cosmetic surgery given overall budgetary constraints;
  • Acting for Consultant against NHS trust for specific performance of contract of employment and obtaining injunction against the trust regarding associated disciplinary procedural breaches / breaches of the Equality Act 2010;
  • Acting for a trust against a midwife alleged to have told a woman in labour that she should have ‘kept her legs shut’ and denying pain relief;
  • Acting for doctors in a class action in Northern Ireland regarding a pay dispute.

 

Eleena is a member of ARDL and PNBA.

Recent lectures include Handling Bias in Disciplinary Proceedings, Doctors and Injunctions (a special case?) and Equality and Professionalism.


Eleena has spent over a decade and a half working for individuals and companies in a wide variety of contract and tortious claims including actions in negligence, claims for interim relief and economic torts.

Clients have been as varied as the subject matter of the disputes themselves, from Formula One celebrities to footballers, surgeons and bookmakers.

Eleena is particularly experienced in dealing with the following genre of commercial dispute:

  • Restrictive covenants and team moves (Eleena was a member of Littleton Chambers from 2001 to 2017);
  • “Mezey” instructions to restrain dismissal or suspension;
  • Higher educational sector clients;
  • Disputes which give rise to issues of Professional Discipline / Regulation or Public Law including procurement.

Eleena is a highly experienced and able senior junior who conducts, assists and advises clients on investigations across a variety of disciplines in the public and private sector.

She has investigated misfeasance, misconduct, harassment, discrimination, whistleblowing and victimisation complaints in organisations including:

  • law firms
  • charities
  • multi-national banks
  • military agents
  • public sector employers
  • small and large firms and companies

Known for paying careful attention to the various strands of an investigation and with an in-depth experience of operating in privileged and non-privileged environments, Eleena’s involvement usually assists clarity and focus to even unwieldy or seemingly intractable disputes.

Eleena’s expertise in Professional Discipline & Regulation, Employment & Equalities and Public Law give her a solid technical understanding required to tackle a broad range of problems frequently arising in this context. Whether the Gordian knot seems to involve confidentiality issues, disclosure, data protection or privilege, and whether there are overlapping internal and external investigations, Eleena is known for careful and measured legal analysis, hard work and fearless integrity in investigations.

Not to be overlooked when instructing counsel in investigations, is the important ability to work in sensitive and time-critical situations. Eleena is able to handle witnesses and clients in a firm but fair manner, putting nervous individuals at ease, getting to the core of an issue quickly and robustly whilst instilling confidence in all stakeholders including senior decision makers as to her independence and integrity.


Eleena has a Diploma in Forensic Medicine (QMUL/Barts 2011) and accepts instructions to advise clients and attend inquests (including Art. 2 inquests).

Eleena is calm, measured, client-friendly and has rigorous attention to detail. She is particularly adept at dealing with inquests which involve clinical issues, hospital deaths or the police. She is a fearless cross-examiner.

Example cases (anonymised where necessary or appropriate):

  • Acting for a medical professional accused of administering an unlicensed drug to an elderly patient in his care;
  • Acting for the family of the deceased who died in hospital after what was described as a ‘catalogue of systemic errors’ by nursing and medical staff prompting concern over future preventable deaths;
  • Advising in connection with the deaths of two young teenagers thought to be driving too fast in order to comply with an insurance curfew;
  • Acting for NHS trust in case concerning allegations of dishonest or misleading evidence given by a medical professional at an inquest;
  • Advising campaign group on issues concerning systematic overcrowding of hospitals by trust / former SHA in the context of informed consent post-Montgomery.
  • Advising ambulance service in connection with concerns around the activity of an individual technician.

Eleena has volunteered her legal services to AVMA and Inquest on a pro bono basis.

  • Hardy v Polk (Leeds) Limited [2004] IRLR 420 (EAT)
  • Phillips v Xtera Communications [2011] IRLR 724 (EAT)
  • Dr Drew v Walsall Healthcare NHS Trust [2013] EQLR 105 and [2013] UKEAT 0378/12/2009
  • Hussain v Jury’s Inn Group [2016] UKEAT/0283/15/0302
  • Lokhova v Sberbank UK & Others [2013] – [2016] ET / EAT / HC
  • Rochford v WNS Global (Court of Appeal, 2017 *postponed)

pAwards

C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual
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