Jane McNeill QC

Year of call 1982 Silk 2002

CClerk

William Meade
020 7269 0360 Email William

Jane McNeill QC specialises in the fields of employment, discrimination, personal injury and clinical negligence.  She is an accredited mediator and has successfully mediated a number of substantial and difficult discrimination and personal injury disputes.

Jane has been ranked as a leading silk in the directories for many years.  In Chambers and Partners 2014, she is described as “a strategic thinker with good client skills who is committed to excellence” and in Legal 500 2013 as “extremely intelligent and brilliant on her feet”In past years she has been described as “delightful and highly competent”, "never less than fully prepared to bat off the slings and arrows", "methodical… with an edge in defending discrimination cases", “ a real gem without an ounce of pomposity in her”, “a tough persistent advocate…loved by clients but feared by opponents” and “an undersung heroine”.

In the course of her practice, Jane has acted in many multi-party and test cases.

As a specialist in both employment and personal injury law, Jane is regularly instructed in high value employment cases with a medical component, in particular psychiatric injury cases involving complex issues of damages/compensation including pension loss.  Both the Yapp and Michalak cases are examples.

Jane was joint Head of Old Square Chambers between 2009-2015.

The leading cases in which Jane has appeared include:

  • Dr Chhabra v West London Mental Health NHS Trust [2014] ICR 194;
  • Yapp v Foreign and Commonwealth Office [2013] IRLR 616;
  • Michalak v. Mid Yorks Hospitals NHS Trust: A former consultant physician, Dr Eva Michalak, awarded £4.3 million compensation for sex and race discrimination and unfair dismissal by an Employment Tribunal;
  • British Airways plc v. Williams & Others [2012] UKSC 43, Supreme Court and CJEU: a claim brought by some 2700 pilots in relation to payments for annual leave, and which affects the level of payment for annual leave for all workers in the European Union;
  • Gibb v. Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678;
  • City of Edinburgh Council v. Wilkinson and others LTL 24/12/2009: EAT provides further clarification on section 1(6) of the Equal Pay Act 1970 and the article 141 doctrine of single source;
  • Gutridge & others v. Sodexo Ltd [2009] EWCA Civ 729; [2009] IRLR 721: Test case concerning time limits under the Equal Pay Act 1970 in circumstances of a TUPE transfer. The Claimants transferred but their comparators did not. CA confirms that time limits in respect of unequal pay in pre-transfer employment run from the date of transfer. In respect of post-transfer employment, the right to equal pay survived the transfer. The right crystallised pre-transfer and was not terminated on transfer, even though the male comparators remained in the transferor's employment. Time did not start to run until employment with the transferee (or any subsequent transferee) had come to an end;
  • BA v. Grundy [2008] IRLR 74: CA  a case concerning the assessment of disparate impact in a predominantly female workforce in which a judgment from the Court of Appeal is awaited;
  • Network Rail Infrastructure Ltd v. Boothin which the President of the EAT considered the Tribunal Guidelines on Pension Loss and the requirement to ensure that a claimant was not overcompensated by applying the Guidelines too rigidly;
  • Fletcher-Cooke v. The Governors of Hampton School: in which the EAT considered the proper approach to future loss in discrimination cases and the application of the "career model" approach;
  • Hallam v. Avery [2001] ICR 408 HL: vicarious liability for acts of discrimination;
  • British Airways (European Operations at Gatwick) Ltd v. Moore & Botterill [2000] ICR 678;
  • Preston v. Wolverhampton Healthcare NHS Trust  [1998] ICR 227: the test cases involving the pension rights of part-time workers where she appeared at all levels up to the House of Lords and ECJ;
  • Barclays Bank plc v. Kapur [1991] ICR 208 HL: continuing acts of discrimination.


Appointments

  • Member of the ACAS Council since 2014
  • Fee-paid employment judge (sitting at Watford ET) since 2000
  • ADR Chambers panel mediator since 2002
  • Recorder (Civil) since 2006
  • Bencher, Lincoln's Inn since 2007
  • Joint Head of Chambers between 2009 and 2015
  • Honorary Fellow of Lucy Cavendish College, Cambridge
  • Dr Chhabra v. North West London Mental Health Trust [2013] EWCA Civ 11;
  • Yapp v. Foreign and Commonwealth Office [2013] IRLR 616;
  • Haq v. Audit Commission [2013] IRLR 206;
  • British Airways plc v. Williams & Others [2012] UKSC 43, Supreme Court and CJEU: a claim brought by some 2700 pilots in relation to payments for annual leave, and which affects the level of payment for annual leave for all workers in the European Union.

Jane has acted in many of the leading cases in the employment and discrimination fields (Slack v. Cumbria, Gutridge v. Sodexo, Haq v Audit Commission, Grundy v. BA, Kapur v. Barclays Bank, Hallam v. Avery and the Preston litigation).  She represented BA pilots in the Supreme Court and the CJEU in the working time (holiday pay) test cases:  BA v. Williams.  She recently represented the successful Claimant in the High Court in Yapp v. FCO and appeared in the Supreme Court in Chhabra v. North West London Mental Health Trust.  She represented the Defendant in the Rose Gibb case, in which the powers of a public authority to agree compensation payments exceeding common law and statutory liabilities were considered. She represented the successful doctor at the remedies hearing in the widely-reported case of Dr Michalak in which the highest award of compensation ever made by an employment tribunal (£4.3 million) was made.

The range of Jane’s employment work takes her to the High Court, as well as to the employment tribunal, the employment appeal tribunal and the higher appellate Courts.

She has also chaired disciplinary and grievance panels in the higher education and schools sectors

Many of her cases over the past few years have been both for NHS Trusts and doctors within the Healthcare sector.


Jane has specialised in this field since starting in practice, acting for both Claimants and Defendants. Her practice is now almost exclusively confined to very high value claims involving brain, spinal and serious psychiatric injuries. Claims routinely involve issues concerning the desirability or otherwise of periodical payments, involving expert evidence as to investment matters, the availability and relevance of statutory funding when assessing issues of care and issues of mental capacity.


Jane has specialised in clinical negligence for over 20 years, acting for claimants in numerous cases involving birth injuries, including cerebral palsy and in cases involving septicaemia and delayed diagnoses, including acromegaly, cancer and spinal cord damage.

  • Negligent over-prescription of steroids;
  • Delayed diagnosis of breast and cervical cancers;
  • Delayed diagnosis of non-malignant tumours;
  • Acromegaly;
  • Cases involving acute infection and septicaemia;
  • Negligent damage to spinal cord;
  • Numerous cerebral palsy claims and miscellaneous obstetric/gynaecological injuries;
  • Severe psychiatric injury;
  • Delayed diagnosis of infection leading to death in patient with Hodgkins Lymphoma.

Jane is frequently representing claimants in high value cases, which are generally in excess of £1 million. She has also dealt with a number of cases involving "Sowden" issues on the provision of Local Authority care and a number of cases settled in part by the Defendant purchasing a Structured Settlement Flexible Annuity in the Claimant's favour.


Professional Qualifications and Appointments

  • Accredited mediator since 2002
  • Fee-paid Employment Judge (appointed in 2000)
  • Recorder in the County Court (appointed in 2006)
  • Member of the Council of Acas (Advisory Conciliation and Arbitration Service) since 2014
  • Joint Head of Old Square Chambers from 2009-2015

Areas of Practice

I practise predominantly in the fields of personal injury, clinical negligence and employment law and have done so for more than twenty-five years.  A high proportion of both my personal injury and clinical negligence cases now involve claimants with severe brain injury; my recent employment cases have frequently had a personal injury overlap, including high value claims involving psychiatric injury.   

I have acted as mediator in many cases involving severely injured claimants - most recently two cases involving severe work-related injury – and in employment disputes involving discrimination issues.  I have also represented lay clients, both claimants and defendants, in mediations, including cases involving brain-injured claimants.  Much of my current work is in the health and education sectors.

As an Employment Judge and mediator, I have conducted Judicial Mediations.

As a personal injury and clinical negligence practitioner, I am regularly involved in Joint Settlement Meetings leading to the resolution of high value claims.

I edited the Equality and Diversity Code for the Bar approved in 2004 and presented the Code to the Bar for approval.

Other

I speak reasonably fluent Italian and French and basic Spanish

Voluntary  work:

  • Vice Chair (and previously member) of management committee of Freightliners City Farm – 2003-2008
  • 2002-2003 – Vice-Chair of Bar Equal Opportunities Committee and Vice-Chair of Pupillage Funding Committee
  • 2003-2005 – Equality and Diversity Representative on General Management Committee of Bar Council
  • 2008-2012 – Member of Standards Committee of Islington Council
  • Since 1995 – advocacy trainer for Lincoln’s Inn and South Eastern Circuit

 

Education

BA Hons in Modern Languages (French and Italian): University of Oxford 1975-1979

Diploma in Law: City University – 1980-1981


Jane acted for many years as a legal assessor for the British Psychological Society. She has also appeared before the General Medical Council and in the Administrative Court representing medical practitioners.

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014

Jane McNeill QC specialises in the fields of employment, discrimination, personal injury and clinical negligence.  She is an accredited mediator and has successfully mediated a number of substantial and difficult discrimination and personal injury disputes.

Jane has been ranked as a leading silk in the directories for many years.  In Chambers and Partners 2014, she is described as “a strategic thinker with good client skills who is committed to excellence” and in Legal 500 2013 as “extremely intelligent and brilliant on her feet”In past years she has been described as “delightful and highly competent”, "never less than fully prepared to bat off the slings and arrows", "methodical… with an edge in defending discrimination cases", “ a real gem without an ounce of pomposity in her”, “a tough persistent advocate…loved by clients but feared by opponents” and “an undersung heroine”.

In the course of her practice, Jane has acted in many multi-party and test cases.

As a specialist in both employment and personal injury law, Jane is regularly instructed in high value employment cases with a medical component, in particular psychiatric injury cases involving complex issues of damages/compensation including pension loss.  Both the Yapp and Michalak cases are examples.

Jane was joint Head of Old Square Chambers between 2009-2015.

The leading cases in which Jane has appeared include:

  • Dr Chhabra v West London Mental Health NHS Trust [2014] ICR 194;
  • Yapp v Foreign and Commonwealth Office [2013] IRLR 616;
  • Michalak v. Mid Yorks Hospitals NHS Trust: A former consultant physician, Dr Eva Michalak, awarded £4.3 million compensation for sex and race discrimination and unfair dismissal by an Employment Tribunal;
  • British Airways plc v. Williams & Others [2012] UKSC 43, Supreme Court and CJEU: a claim brought by some 2700 pilots in relation to payments for annual leave, and which affects the level of payment for annual leave for all workers in the European Union;
  • Gibb v. Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678;
  • City of Edinburgh Council v. Wilkinson and others LTL 24/12/2009: EAT provides further clarification on section 1(6) of the Equal Pay Act 1970 and the article 141 doctrine of single source;
  • Gutridge & others v. Sodexo Ltd [2009] EWCA Civ 729; [2009] IRLR 721: Test case concerning time limits under the Equal Pay Act 1970 in circumstances of a TUPE transfer. The Claimants transferred but their comparators did not. CA confirms that time limits in respect of unequal pay in pre-transfer employment run from the date of transfer. In respect of post-transfer employment, the right to equal pay survived the transfer. The right crystallised pre-transfer and was not terminated on transfer, even though the male comparators remained in the transferor's employment. Time did not start to run until employment with the transferee (or any subsequent transferee) had come to an end;
  • BA v. Grundy [2008] IRLR 74: CA  a case concerning the assessment of disparate impact in a predominantly female workforce in which a judgment from the Court of Appeal is awaited;
  • Network Rail Infrastructure Ltd v. Boothin which the President of the EAT considered the Tribunal Guidelines on Pension Loss and the requirement to ensure that a claimant was not overcompensated by applying the Guidelines too rigidly;
  • Fletcher-Cooke v. The Governors of Hampton School: in which the EAT considered the proper approach to future loss in discrimination cases and the application of the "career model" approach;
  • Hallam v. Avery [2001] ICR 408 HL: vicarious liability for acts of discrimination;
  • British Airways (European Operations at Gatwick) Ltd v. Moore & Botterill [2000] ICR 678;
  • Preston v. Wolverhampton Healthcare NHS Trust  [1998] ICR 227: the test cases involving the pension rights of part-time workers where she appeared at all levels up to the House of Lords and ECJ;
  • Barclays Bank plc v. Kapur [1991] ICR 208 HL: continuing acts of discrimination.


Appointments

  • Member of the ACAS Council since 2014
  • Fee-paid employment judge (sitting at Watford ET) since 2000
  • ADR Chambers panel mediator since 2002
  • Recorder (Civil) since 2006
  • Bencher, Lincoln's Inn since 2007
  • Joint Head of Chambers between 2009 and 2015
  • Honorary Fellow of Lucy Cavendish College, Cambridge
  • Dr Chhabra v. North West London Mental Health Trust [2013] EWCA Civ 11;
  • Yapp v. Foreign and Commonwealth Office [2013] IRLR 616;
  • Haq v. Audit Commission [2013] IRLR 206;
  • British Airways plc v. Williams & Others [2012] UKSC 43, Supreme Court and CJEU: a claim brought by some 2700 pilots in relation to payments for annual leave, and which affects the level of payment for annual leave for all workers in the European Union.

Jane has acted in many of the leading cases in the employment and discrimination fields (Slack v. Cumbria, Gutridge v. Sodexo, Haq v Audit Commission, Grundy v. BA, Kapur v. Barclays Bank, Hallam v. Avery and the Preston litigation).  She represented BA pilots in the Supreme Court and the CJEU in the working time (holiday pay) test cases:  BA v. Williams.  She recently represented the successful Claimant in the High Court in Yapp v. FCO and appeared in the Supreme Court in Chhabra v. North West London Mental Health Trust.  She represented the Defendant in the Rose Gibb case, in which the powers of a public authority to agree compensation payments exceeding common law and statutory liabilities were considered. She represented the successful doctor at the remedies hearing in the widely-reported case of Dr Michalak in which the highest award of compensation ever made by an employment tribunal (£4.3 million) was made.

The range of Jane’s employment work takes her to the High Court, as well as to the employment tribunal, the employment appeal tribunal and the higher appellate Courts.

She has also chaired disciplinary and grievance panels in the higher education and schools sectors

Many of her cases over the past few years have been both for NHS Trusts and doctors within the Healthcare sector.


Jane has specialised in this field since starting in practice, acting for both Claimants and Defendants. Her practice is now almost exclusively confined to very high value claims involving brain, spinal and serious psychiatric injuries. Claims routinely involve issues concerning the desirability or otherwise of periodical payments, involving expert evidence as to investment matters, the availability and relevance of statutory funding when assessing issues of care and issues of mental capacity.


Jane has specialised in clinical negligence for over 20 years, acting for claimants in numerous cases involving birth injuries, including cerebral palsy and in cases involving septicaemia and delayed diagnoses, including acromegaly, cancer and spinal cord damage.

  • Negligent over-prescription of steroids;
  • Delayed diagnosis of breast and cervical cancers;
  • Delayed diagnosis of non-malignant tumours;
  • Acromegaly;
  • Cases involving acute infection and septicaemia;
  • Negligent damage to spinal cord;
  • Numerous cerebral palsy claims and miscellaneous obstetric/gynaecological injuries;
  • Severe psychiatric injury;
  • Delayed diagnosis of infection leading to death in patient with Hodgkins Lymphoma.

Jane is frequently representing claimants in high value cases, which are generally in excess of £1 million. She has also dealt with a number of cases involving "Sowden" issues on the provision of Local Authority care and a number of cases settled in part by the Defendant purchasing a Structured Settlement Flexible Annuity in the Claimant's favour.


Professional Qualifications and Appointments

  • Accredited mediator since 2002
  • Fee-paid Employment Judge (appointed in 2000)
  • Recorder in the County Court (appointed in 2006)
  • Member of the Council of Acas (Advisory Conciliation and Arbitration Service) since 2014
  • Joint Head of Old Square Chambers from 2009-2015

Areas of Practice

I practise predominantly in the fields of personal injury, clinical negligence and employment law and have done so for more than twenty-five years.  A high proportion of both my personal injury and clinical negligence cases now involve claimants with severe brain injury; my recent employment cases have frequently had a personal injury overlap, including high value claims involving psychiatric injury.   

I have acted as mediator in many cases involving severely injured claimants - most recently two cases involving severe work-related injury – and in employment disputes involving discrimination issues.  I have also represented lay clients, both claimants and defendants, in mediations, including cases involving brain-injured claimants.  Much of my current work is in the health and education sectors.

As an Employment Judge and mediator, I have conducted Judicial Mediations.

As a personal injury and clinical negligence practitioner, I am regularly involved in Joint Settlement Meetings leading to the resolution of high value claims.

I edited the Equality and Diversity Code for the Bar approved in 2004 and presented the Code to the Bar for approval.

Other

I speak reasonably fluent Italian and French and basic Spanish

Voluntary  work:

  • Vice Chair (and previously member) of management committee of Freightliners City Farm – 2003-2008
  • 2002-2003 – Vice-Chair of Bar Equal Opportunities Committee and Vice-Chair of Pupillage Funding Committee
  • 2003-2005 – Equality and Diversity Representative on General Management Committee of Bar Council
  • 2008-2012 – Member of Standards Committee of Islington Council
  • Since 1995 – advocacy trainer for Lincoln’s Inn and South Eastern Circuit

 

Education

BA Hons in Modern Languages (French and Italian): University of Oxford 1975-1979

Diploma in Law: City University – 1980-1981


Jane acted for many years as a legal assessor for the British Psychological Society. She has also appeared before the General Medical Council and in the Administrative Court representing medical practitioners.

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014
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