Laith Dilaimi

Year of call 2011

CClerk

Jack Wheeler
020 7269 0337 Email Jack

Laith’s principal areas of practice are employment and discrimination law, professional discipline and regulatory law, and education law.

Laith has particular experience in cases involving the healthcare sector and the education sector, as well as the public sector more generally.

In his employment law practice, Laith appears in the employment tribunals, the Employment Appeal Tribunal, the County Court and the High Court. He regularly acts in multi-week hearings in the employment tribunals. Laith acts for both claimants and respondents. In the healthcare sector, Laith has particular expertise in representing NHS trusts in employment law matters. In the education sector, Laith has expertise in representing teachers and school leaders.

In his discrimination law practice, Laith acts in the County Court, the employment tribunals and the First-tier Tribunal (Special Educational Needs and Disability). Laith appears in education discrimination cases involving universities in the County Court, and acts in education discrimination cases involving schools in the First-tier Tribunal and in the Upper Tribunal. Laith acts in discrimination cases involving service providers and associations in the County Court. Also, he regularly appears in employment discrimination cases in the employment tribunals. Laith has particular expertise in disability discrimination cases.

In his professional discipline and regulatory law practice, Laith represents professionals in disciplinary proceedings before their regulators. In particular, Laith represents healthcare professionals in front of their regulators and represents teachers (including school leaders) in front of the National College for Teaching and Leadership. He has experience of misconduct cases, lack of competence/deficient professional performance cases, conviction cases and health cases. Laith is instructed in multi-day and multi-week proceedings.

In his education law practice, Laith accepts instructions across all areas of education law. He regularly represents parents and young people in SEN appeals in the First-tier Tribunal (Special Educational Needs and Disability), often dealing with Section B, Section F and Section I appeals. He also appears in disability discrimination cases in the First-tier Tribunal, representing both parents and schools, and appears in discrimination cases in the County Court involving higher education institutions. Laith appears in the Upper Tribunal (Administrative Appeals Chamber) and advises on judicial review proceedings in the High Court. Laith sits as an IAP/IRP panel member and chair for school admission appeals and school exclusion reviews, so he is able to bring this experience to his work in the area of school admissions and school exclusions.

Laith has considerable experience of working closely with solicitors from the beginning to end of cases, not least from his secondments to employment departments and regulatory departments of leading firms of solicitors in the healthcare sector. This has given Laith an insight into how he can best help solicitors and lay clients.

Before joining chambers, Laith read Classics at Magdalen College, Oxford, where he took a Double First, won the Fotheringham Prize for Ancient History and was made a Demy ('half fellow') of Magdalen College. Laith completed the Graduate Diploma in Law at City Law School, gaining a Distinction. He was graded Outstanding for his Bar Professional Training Course at BPP. He has been awarded three scholarships by Gray's Inn, including the Birkenhead Award. Laith is also a trained mediator and is accredited by ADR Group.

Professional memberships

  • Association of Regulatory and Disciplinary Lawyers
  • Education Law Association
  • Employment Law Association
  • Employment Law Bar Association
  • Industrial Law Society
  • Institute of Employment Rights
  • Personal Injury Bar Association
  • London Common Law and Commercial Bar Association
  • Laith was involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate;
  • Oyesanya v. Secretary of State for Health (UKEAT/0335/13/JOJ): successfully acted on behalf of the Secretary of State for Health at the EAT in resistance to an appeal against an order striking out the Claimant’s claim following payment of a deposit order out of time;
  • Representing a hospital chaplain in an eight-day employment tribunal case involving claims of disability discrimination (all six strands), whistleblowing and unfair dismissal;
  • Riley v. Crown Prosecution Service (UKSC 2013/0260): represented the Appellant (led by Simon Gorton QC) in her application for permission to appeal to the Supreme Court in relation to an employment tribunal’s decision to strike out her claim on the ground that a fair trial was not possible. The Appellant had been unrepresented at the Court of Appeal;
  • Successfully resisted a specific disclosure application in the High Court. Laith acted on behalf of two employers resisting six-figure claims of unlawful deductions from wages brought by several former employees. Laith also amended the defences of the employers (acting as junior to Melanie Tether);
  • Instructed to advise and represent a disabled medical student who had been deregistered by his university in county court proceedings (disability discrimination and breach of contract) and internal appeal proceedings against the university. A favourable settlement was achieved and the student has now returned to his course;
  • Successfully defended a disabled PhD student from strike out and/or summary judgment of her county court claim for disability discrimination and breach of contract against her university. The university was represented by Peter Oldham QC;
  • Advised two foster carers facing deregistration proceedings before the local Fostering Panel on procedure and next steps.

Laith has an employment practice which covers all aspects of the Employment Tribunal and Employment Appeal Tribunal jurisdiction as well as employment and discrimination claims in the High Court and county courts. He acts for both claimants and respondents.

Laith is experienced in dealing with discrimination cases, whistleblowing cases and TUPE issues, among other areas. He is also experienced in dealing with unfair dismissal claims in the employment tribunals and wrongful dismissal claims in the High Court, county courts and employment tribunals.

Laith has considerable experience of employment law in the healthcare sector, especially representing NHS trusts: in particular, he has experience of aspects of employment litigation unique to NHS trusts, such as Treasury/TDA/Monitor approval and doctors’ banding disputes.

Laith also has experience of representing clients in the education sector. Laith acts for and/or advises teachers, schools (including independent schools) and universities. Laith’s experience in the fields of education law and personal injury law often proves useful when dealing with employment cases in the education sector: his knowledge of special educational needs provision, safeguarding procedures and internal disciplinary proceedings in educational institutions has been of help in various cases.

Laith is also instructed by employers in the retail, consumer brands and leisure sector. He has represented Tesco, Asda, Harrods and Hilton among others.

Laith is often instructed in discrimination cases outside the employment context. Laith appears in education discrimination cases involving universities in the County Court, and acts in education discrimination cases involving schools in the First-tier Tribunal and in the Upper Tribunal. Laith acts in discrimination cases involving service providers and associations in the County Court. Laith has also advised on judicial reviews involving discrimination arguments, including arguments relating to the Public Sector Equality Duty. Laith has particular expertise in disability discrimination, and gives talks on this topic.

Examples of Laith’s work include:

  • Successfully represented an NHS Trust in a five-day race discrimination, harassment and victimisation claim brought against it by a current employee;
  • Successfully represented a claimant in claims involving TUPE and redundancy brought against two respondents, one of which was insolvent.
  • Successfully resisted a specific disclosure application in the High Court. Laith acted on behalf of two employers resisting six-figure claims of unlawful deductions from wages brought by several former employees. Laith also amended the defences of the employers (acting as junior to Melanie Tether);
  • Successfully acted on behalf of the Secretary of State for Health at the EAT in resistance to an appeal against an order striking out the Claimant’s claim following payment of a deposit order out of time;
  • Successfully defended an NHS Trust against claims of whistleblowing dismissal and detriment. Laith successfully applied for costs to be awarded to the Respondent by reason of the Claimant’s unreasonable conduct.

 

Discrimination outside the employment context

Laith is often instructed in discrimination cases outside the employment context. Laith appears in education discrimination cases involving universities in the County Court, and acts in education discrimination cases involving schools in the First-tier Tribunal and in the Upper Tribunal. Laith acts in discrimination cases involving service providers and associations in the County Court. Laith has also advised on judicial reviews involving discrimination arguments, including arguments relating to the Public Sector Equality Duty. Laith has particular expertise in disability discrimination, and gives talks on this topic.

Examples of Laith’s work include:

  • Successfully represented a chain of independent schools in a four-day disability discrimination claim brought against them in the First-tier Tribunal (Special Educational Needs and Disability) by a former pupil;
  • Currently representing a service provider and association against a disability discrimination claim and religion or belief discrimination claim in the County Court. The religion or belief discrimination claim relates to the Defendant’s alleged failure to provide kosher food;
  • Represented a disabled medical student who had been deregistered by his university. Laith advised the student in county court proceedings (disability discrimination and breach of contract) and represented the student in internal appeal proceedings against the university. A favourable settlement was achieved; the student returned to his course and has now qualified as a doctor;
  • Represented a disabled PhD student who was bringing county court proceedings (disability discrimination and breach of contract) against her university. Laith successfully defended his client from the Respondent’s strike out/summary judgment application. The case later settled;
  • Currently acting for a young person with an EHC Plan in contemplated judicial review proceedings against his local authority for failure to provide transport to and from the educational placement named in his EHC Plan. The case involves arguments under the Equality Act 2010, including arguments relating to the Public Sector Equality Duty.

Laith has a broad-ranging professional discipline and regulatory law practice.

Healthcare professionals

Laith provides representation to healthcare professionals in disciplinary proceedings before healthcare regulators. He has experience of misconduct cases, lack of competence/deficient professional performance cases, conviction cases and health cases. Laith acts in multi-week proceedings. Laith has in the past acted as a presenting officer for a healthcare regulator, and he makes use of this experience to help defend his clients.

Laith recently represented a doctor in a permission hearing in the Court of Appeal. The doctor, who was a long-serving Registrar, was appealing the GMC’s decision to refuse his application to be added to the Specialist Register. Arden LJ refused permission to appeal, but accepted one of Laith’s arguments and praised the skill and precision of Laith’s submissions in her extempore judgment.

Also, in relation to doctors’ disciplinary matters, Laith has knowledge of MHPS. He has written a talk on early intervention in doctors’ disciplinary matters. Laith has also been involved in injunction applications before the High Court in relation to doctors’ disciplinary matters.

Teachers (including school leaders)

Laith represents teachers (including school leaders) in proceedings in front of the National College for Teaching and Leadership. He also represents teachers in internal disciplinary proceedings, and advises teachers facing investigation by exam boards. He has particular experience of acting for teachers accused of examination malpractice and teachers who are in a personal relationship with someone accused or convicted of child pornography offences.

Laith has experience of advising teachers on appeals to the High Court against a prohibition order. Laith is familiar with High Court procedure for such appeals.

Laith brings to his NCTL work his experience as an advocate representing teachers in employment tribunal proceedings and healthcare professionals in front of their regulators. Laith has experience of doing multi-week hearings in front of regulators.

Police officers

Laith has experience of disciplinary matters involving police officers: among other things, he has assisted in advising on a case involving the Police Regulations 2003.


Laith has a wide-ranging education law practice: he accepts instructions across all areas of education law. His practice covers (in no particular order) SEN appeals, disability discrimination, school admissions, school exclusions, judicial reviews, safeguarding,  examination malpractice, school funding, claims against universities, and teacher misconduct, among other areas.

SEN appeals

Laith regularly represents parents and young people in SEN appeals in the First-tier Tribunal (Special Educational Needs and Disability). He frequently deals with Section B, Section F and Section I appeals, often involving requests for residential placements with a waking day curriculum. He is used to cross-examining expert witnesses and to getting the best evidence from his clients’ expert witnesses.

Laith has particular experience of representing children and young people with Autistic Spectrum Disorder, and is familiar with approaches for getting the best evidence from people with Autistic Spectrum Disorder.

Laith advises on applications for permission to appeal and Upper Tribunal appeals where necessary to do so.

Disability discrimination cases in the First-tier Tribunal

Laith appears in disability discrimination cases in the First-tier Tribunal, representing both parents and schools. Laith also appears in the Upper Tribunal in such cases.

Laith has considerable experience of disability discrimination cases and has a keen interest in disability discrimination. He has written a handbook on disability discrimination law for the National Deaf Children’s Society. Also, in March 2018 Laith will give a talk to the Education Law Association on disability discrimination.

Examples of Laith’s disability discrimination work in the First-tier Tribunal include:

  • Successfully represented a chain of independent schools in a four-day disability discrimination claim brought against them) by a former pupil. The claimant brought claims of indirect discrimination and failure to make reasonable adjustments in relation to teaching methods, among other things.
  • Represented a child with autism and physical disabilities in a disability discrimination claim against his former school. The claims involved the school’s failure to include the child in school trips, among other things. Laith reached a settlement with the school on the day of the hearing in respect of most parts of the claims.

 

University students

In cases involving further and higher education institutions, Laith has:

  • appeared in front of county courts in claims against universities;
  • drafted and amended county court pleadings in claims against universities;
  • advised on settlement negotiations in claims against universities;
  • drafted submissions to the Office of the Independent Adjudicator;
  • advised on judicial review proceedings;
  • advised on the meaning of university regulations;
  • drafted submissions to university appeal panels;
  • assisted in fitness to practise cases.

 

Examples of Laith’s work in this area include:

  • Represented a disabled medical student who had been deregistered by his university. Laith advised the student in county court proceedings (disability discrimination and breach of contract, including a claim under s.13 Supply of Goods and Services Act 1982) and represented the student in internal appeal proceedings against the university. A favourable settlement was achieved; the student returned to his course and has now qualified as a doctor;
  • Represented a disabled PhD student who was bringing county court proceedings (disability discrimination and breach of contract) against her university. Laith successfully defended his client from the Respondent’s strike out/summary judgment application at a full-day hearing against a QC ranked as Band 1 by the legal directories for education law. The case later settled;
  • Achieved the reinstatement of a student nurse who failed to disclose a conviction to his university and who was then deregistered by his university following fitness to practise proceedings. Laith drafted the appeal documentation for the student nurse as a matter of urgency. The university upheld the appeal.

 

Judicial review

Laith has experience of advising on judicial review in education matters. Laith has advised on judicial reviews against Independent Review Panels which have upheld a governing board’s decision to exclude a pupil.

Laith is currently acting for a young person with an EHC Plan in contemplated judicial review proceedings against his local authority for failure to provide transport to and from the educational placement named in his EHC Plan. The case involves arguments under the Equality Act 2010, including arguments relating to the Public Sector Equality Duty.

School admissions and school exclusions

Laith sits as a panel chair on Independent Review Panels in school exclusion cases for the London Borough of Hammersmith and Fulham and sits as a panel member on Independent Appeal Panels in school admission cases for the Royal Borough of Kensington and Chelsea, so he is able to bring this experience to his work in the area of school admissions and school exclusions.

He also advises on school exclusion reviews, drafts submissions for IRPs, appears in front of IRPs, and advises on judicial review of IRP decisions.

An example of Laith’s work in this area: Laith represented the mother of a 6-year-old boy with SEN who had been permanently excluded from his mainstream primary school. The school retracted the permanent exclusion after receiving Laith’s written submissions on behalf of the mother.

Talks and articles

Laith enjoys giving talks and training on education law. Recent talks include discrimination cases in the County Court and judicial reviews in the High Court. In March 2018 Laith will give a talk to the Education Law Association on disability discrimination.

Laith also writes on education law issues: he has written a handbook on disability discrimination law for the National Deaf Children’s Society, and he has written an essay on the place of mediation in education law.


Laith acts for both claimants and defendants in personal injury cases. He has broad personal injury expertise and he has acted in the areas of employers’ liability, occupiers’ liability, public liability, highways claims and road traffic accidents, among other areas of law.

Laith appears in fast-track and multi-track matters.

Laith has experience of drafting all types of civil pleadings. He provides advice on liability, quantum and medical evidence on a wide range of PI claims. He has experience of drafting grounds of appeal and drafting witness statements in support of applications.

Laith has particular expertise in claims involving child abuse: Laith was involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate. Laith also brings his knowledge of safeguarding from his education practice and his professional regulatory practice.


Laith has good experience of general contractual disputes in the county court.

His cases include a claim which revolved around whether the claimant had contracted to do work for a business (which was insolvent by the time of the proceedings) or for the owner of the business. Issues of novation were involved.

Laith is a member of the London Common Law and Commercial Bar Association.

  • Laith was involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate
  • Oyesanya v. Secretary of State for Health (UKEAT/0335/13/JOJ): successfully acted on behalf of the Secretary of State for Health at the EAT in resistance to an appeal against an order striking out the Claimant’s claim following payment of a deposit order out of time;
  • Representing a hospital chaplain in an eight-day employment tribunal case involving claims of disability discrimination (all six strands), whistleblowing and unfair dismissal;
  • Riley v. Crown Prosecution Service (UKSC 2013/0260): represented the Appellant (led by Simon Gorton QC) in her application for permission to appeal to the Supreme Court in relation to an employment tribunal’s decision to strike out her claim on the ground that a fair trial was not possible. The Appellant had been unrepresented at the Court of Appeal.
  • Successfully resisted a specific disclosure application in the High Court. Laith acted on behalf of two employers resisting six-figure claims of unlawful deductions from wages brought by several former employees. Laith also amended the defences of the employers (acting as junior to Melanie Tether).
  • Instructed to advise and represent a disabled medical student who had been deregistered by his university in county court proceedings (disability discrimination and breach of contract) and internal appeal proceedings against the university. A favourable settlement was achieved and the student has now returned to his course.
  • Successfully defended a disabled PhD student from strike out and/or summary judgment of her county court claim for disability discrimination and breach of contract against her university. The university was represented by Peter Oldham QC.
  • Advised two foster carers facing deregistration proceedings before the local Fostering Panel on procedure and next steps.

pAwards

Laith’s principal areas of practice are employment and discrimination law, professional discipline and regulatory law, and education law.

Laith has particular experience in cases involving the healthcare sector and the education sector, as well as the public sector more generally.

In his employment law practice, Laith appears in the employment tribunals, the Employment Appeal Tribunal, the County Court and the High Court. He regularly acts in multi-week hearings in the employment tribunals. Laith acts for both claimants and respondents. In the healthcare sector, Laith has particular expertise in representing NHS trusts in employment law matters. In the education sector, Laith has expertise in representing teachers and school leaders.

In his discrimination law practice, Laith acts in the County Court, the employment tribunals and the First-tier Tribunal (Special Educational Needs and Disability). Laith appears in education discrimination cases involving universities in the County Court, and acts in education discrimination cases involving schools in the First-tier Tribunal and in the Upper Tribunal. Laith acts in discrimination cases involving service providers and associations in the County Court. Also, he regularly appears in employment discrimination cases in the employment tribunals. Laith has particular expertise in disability discrimination cases.

In his professional discipline and regulatory law practice, Laith represents professionals in disciplinary proceedings before their regulators. In particular, Laith represents healthcare professionals in front of their regulators and represents teachers (including school leaders) in front of the National College for Teaching and Leadership. He has experience of misconduct cases, lack of competence/deficient professional performance cases, conviction cases and health cases. Laith is instructed in multi-day and multi-week proceedings.

In his education law practice, Laith accepts instructions across all areas of education law. He regularly represents parents and young people in SEN appeals in the First-tier Tribunal (Special Educational Needs and Disability), often dealing with Section B, Section F and Section I appeals. He also appears in disability discrimination cases in the First-tier Tribunal, representing both parents and schools, and appears in discrimination cases in the County Court involving higher education institutions. Laith appears in the Upper Tribunal (Administrative Appeals Chamber) and advises on judicial review proceedings in the High Court. Laith sits as an IAP/IRP panel member and chair for school admission appeals and school exclusion reviews, so he is able to bring this experience to his work in the area of school admissions and school exclusions.

Laith has considerable experience of working closely with solicitors from the beginning to end of cases, not least from his secondments to employment departments and regulatory departments of leading firms of solicitors in the healthcare sector. This has given Laith an insight into how he can best help solicitors and lay clients.

Before joining chambers, Laith read Classics at Magdalen College, Oxford, where he took a Double First, won the Fotheringham Prize for Ancient History and was made a Demy ('half fellow') of Magdalen College. Laith completed the Graduate Diploma in Law at City Law School, gaining a Distinction. He was graded Outstanding for his Bar Professional Training Course at BPP. He has been awarded three scholarships by Gray's Inn, including the Birkenhead Award. Laith is also a trained mediator and is accredited by ADR Group.

Professional memberships

  • Association of Regulatory and Disciplinary Lawyers
  • Education Law Association
  • Employment Law Association
  • Employment Law Bar Association
  • Industrial Law Society
  • Institute of Employment Rights
  • Personal Injury Bar Association
  • London Common Law and Commercial Bar Association
  • Laith was involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate;
  • Oyesanya v. Secretary of State for Health (UKEAT/0335/13/JOJ): successfully acted on behalf of the Secretary of State for Health at the EAT in resistance to an appeal against an order striking out the Claimant’s claim following payment of a deposit order out of time;
  • Representing a hospital chaplain in an eight-day employment tribunal case involving claims of disability discrimination (all six strands), whistleblowing and unfair dismissal;
  • Riley v. Crown Prosecution Service (UKSC 2013/0260): represented the Appellant (led by Simon Gorton QC) in her application for permission to appeal to the Supreme Court in relation to an employment tribunal’s decision to strike out her claim on the ground that a fair trial was not possible. The Appellant had been unrepresented at the Court of Appeal;
  • Successfully resisted a specific disclosure application in the High Court. Laith acted on behalf of two employers resisting six-figure claims of unlawful deductions from wages brought by several former employees. Laith also amended the defences of the employers (acting as junior to Melanie Tether);
  • Instructed to advise and represent a disabled medical student who had been deregistered by his university in county court proceedings (disability discrimination and breach of contract) and internal appeal proceedings against the university. A favourable settlement was achieved and the student has now returned to his course;
  • Successfully defended a disabled PhD student from strike out and/or summary judgment of her county court claim for disability discrimination and breach of contract against her university. The university was represented by Peter Oldham QC;
  • Advised two foster carers facing deregistration proceedings before the local Fostering Panel on procedure and next steps.

Laith has an employment practice which covers all aspects of the Employment Tribunal and Employment Appeal Tribunal jurisdiction as well as employment and discrimination claims in the High Court and county courts. He acts for both claimants and respondents.

Laith is experienced in dealing with discrimination cases, whistleblowing cases and TUPE issues, among other areas. He is also experienced in dealing with unfair dismissal claims in the employment tribunals and wrongful dismissal claims in the High Court, county courts and employment tribunals.

Laith has considerable experience of employment law in the healthcare sector, especially representing NHS trusts: in particular, he has experience of aspects of employment litigation unique to NHS trusts, such as Treasury/TDA/Monitor approval and doctors’ banding disputes.

Laith also has experience of representing clients in the education sector. Laith acts for and/or advises teachers, schools (including independent schools) and universities. Laith’s experience in the fields of education law and personal injury law often proves useful when dealing with employment cases in the education sector: his knowledge of special educational needs provision, safeguarding procedures and internal disciplinary proceedings in educational institutions has been of help in various cases.

Laith is also instructed by employers in the retail, consumer brands and leisure sector. He has represented Tesco, Asda, Harrods and Hilton among others.

Laith is often instructed in discrimination cases outside the employment context. Laith appears in education discrimination cases involving universities in the County Court, and acts in education discrimination cases involving schools in the First-tier Tribunal and in the Upper Tribunal. Laith acts in discrimination cases involving service providers and associations in the County Court. Laith has also advised on judicial reviews involving discrimination arguments, including arguments relating to the Public Sector Equality Duty. Laith has particular expertise in disability discrimination, and gives talks on this topic.

Examples of Laith’s work include:

  • Successfully represented an NHS Trust in a five-day race discrimination, harassment and victimisation claim brought against it by a current employee;
  • Successfully represented a claimant in claims involving TUPE and redundancy brought against two respondents, one of which was insolvent.
  • Successfully resisted a specific disclosure application in the High Court. Laith acted on behalf of two employers resisting six-figure claims of unlawful deductions from wages brought by several former employees. Laith also amended the defences of the employers (acting as junior to Melanie Tether);
  • Successfully acted on behalf of the Secretary of State for Health at the EAT in resistance to an appeal against an order striking out the Claimant’s claim following payment of a deposit order out of time;
  • Successfully defended an NHS Trust against claims of whistleblowing dismissal and detriment. Laith successfully applied for costs to be awarded to the Respondent by reason of the Claimant’s unreasonable conduct.

 

Discrimination outside the employment context

Laith is often instructed in discrimination cases outside the employment context. Laith appears in education discrimination cases involving universities in the County Court, and acts in education discrimination cases involving schools in the First-tier Tribunal and in the Upper Tribunal. Laith acts in discrimination cases involving service providers and associations in the County Court. Laith has also advised on judicial reviews involving discrimination arguments, including arguments relating to the Public Sector Equality Duty. Laith has particular expertise in disability discrimination, and gives talks on this topic.

Examples of Laith’s work include:

  • Successfully represented a chain of independent schools in a four-day disability discrimination claim brought against them in the First-tier Tribunal (Special Educational Needs and Disability) by a former pupil;
  • Currently representing a service provider and association against a disability discrimination claim and religion or belief discrimination claim in the County Court. The religion or belief discrimination claim relates to the Defendant’s alleged failure to provide kosher food;
  • Represented a disabled medical student who had been deregistered by his university. Laith advised the student in county court proceedings (disability discrimination and breach of contract) and represented the student in internal appeal proceedings against the university. A favourable settlement was achieved; the student returned to his course and has now qualified as a doctor;
  • Represented a disabled PhD student who was bringing county court proceedings (disability discrimination and breach of contract) against her university. Laith successfully defended his client from the Respondent’s strike out/summary judgment application. The case later settled;
  • Currently acting for a young person with an EHC Plan in contemplated judicial review proceedings against his local authority for failure to provide transport to and from the educational placement named in his EHC Plan. The case involves arguments under the Equality Act 2010, including arguments relating to the Public Sector Equality Duty.

Laith has a broad-ranging professional discipline and regulatory law practice.

Healthcare professionals

Laith provides representation to healthcare professionals in disciplinary proceedings before healthcare regulators. He has experience of misconduct cases, lack of competence/deficient professional performance cases, conviction cases and health cases. Laith acts in multi-week proceedings. Laith has in the past acted as a presenting officer for a healthcare regulator, and he makes use of this experience to help defend his clients.

Laith recently represented a doctor in a permission hearing in the Court of Appeal. The doctor, who was a long-serving Registrar, was appealing the GMC’s decision to refuse his application to be added to the Specialist Register. Arden LJ refused permission to appeal, but accepted one of Laith’s arguments and praised the skill and precision of Laith’s submissions in her extempore judgment.

Also, in relation to doctors’ disciplinary matters, Laith has knowledge of MHPS. He has written a talk on early intervention in doctors’ disciplinary matters. Laith has also been involved in injunction applications before the High Court in relation to doctors’ disciplinary matters.

Teachers (including school leaders)

Laith represents teachers (including school leaders) in proceedings in front of the National College for Teaching and Leadership. He also represents teachers in internal disciplinary proceedings, and advises teachers facing investigation by exam boards. He has particular experience of acting for teachers accused of examination malpractice and teachers who are in a personal relationship with someone accused or convicted of child pornography offences.

Laith has experience of advising teachers on appeals to the High Court against a prohibition order. Laith is familiar with High Court procedure for such appeals.

Laith brings to his NCTL work his experience as an advocate representing teachers in employment tribunal proceedings and healthcare professionals in front of their regulators. Laith has experience of doing multi-week hearings in front of regulators.

Police officers

Laith has experience of disciplinary matters involving police officers: among other things, he has assisted in advising on a case involving the Police Regulations 2003.


Laith has a wide-ranging education law practice: he accepts instructions across all areas of education law. His practice covers (in no particular order) SEN appeals, disability discrimination, school admissions, school exclusions, judicial reviews, safeguarding,  examination malpractice, school funding, claims against universities, and teacher misconduct, among other areas.

SEN appeals

Laith regularly represents parents and young people in SEN appeals in the First-tier Tribunal (Special Educational Needs and Disability). He frequently deals with Section B, Section F and Section I appeals, often involving requests for residential placements with a waking day curriculum. He is used to cross-examining expert witnesses and to getting the best evidence from his clients’ expert witnesses.

Laith has particular experience of representing children and young people with Autistic Spectrum Disorder, and is familiar with approaches for getting the best evidence from people with Autistic Spectrum Disorder.

Laith advises on applications for permission to appeal and Upper Tribunal appeals where necessary to do so.

Disability discrimination cases in the First-tier Tribunal

Laith appears in disability discrimination cases in the First-tier Tribunal, representing both parents and schools. Laith also appears in the Upper Tribunal in such cases.

Laith has considerable experience of disability discrimination cases and has a keen interest in disability discrimination. He has written a handbook on disability discrimination law for the National Deaf Children’s Society. Also, in March 2018 Laith will give a talk to the Education Law Association on disability discrimination.

Examples of Laith’s disability discrimination work in the First-tier Tribunal include:

  • Successfully represented a chain of independent schools in a four-day disability discrimination claim brought against them) by a former pupil. The claimant brought claims of indirect discrimination and failure to make reasonable adjustments in relation to teaching methods, among other things.
  • Represented a child with autism and physical disabilities in a disability discrimination claim against his former school. The claims involved the school’s failure to include the child in school trips, among other things. Laith reached a settlement with the school on the day of the hearing in respect of most parts of the claims.

 

University students

In cases involving further and higher education institutions, Laith has:

  • appeared in front of county courts in claims against universities;
  • drafted and amended county court pleadings in claims against universities;
  • advised on settlement negotiations in claims against universities;
  • drafted submissions to the Office of the Independent Adjudicator;
  • advised on judicial review proceedings;
  • advised on the meaning of university regulations;
  • drafted submissions to university appeal panels;
  • assisted in fitness to practise cases.

 

Examples of Laith’s work in this area include:

  • Represented a disabled medical student who had been deregistered by his university. Laith advised the student in county court proceedings (disability discrimination and breach of contract, including a claim under s.13 Supply of Goods and Services Act 1982) and represented the student in internal appeal proceedings against the university. A favourable settlement was achieved; the student returned to his course and has now qualified as a doctor;
  • Represented a disabled PhD student who was bringing county court proceedings (disability discrimination and breach of contract) against her university. Laith successfully defended his client from the Respondent’s strike out/summary judgment application at a full-day hearing against a QC ranked as Band 1 by the legal directories for education law. The case later settled;
  • Achieved the reinstatement of a student nurse who failed to disclose a conviction to his university and who was then deregistered by his university following fitness to practise proceedings. Laith drafted the appeal documentation for the student nurse as a matter of urgency. The university upheld the appeal.

 

Judicial review

Laith has experience of advising on judicial review in education matters. Laith has advised on judicial reviews against Independent Review Panels which have upheld a governing board’s decision to exclude a pupil.

Laith is currently acting for a young person with an EHC Plan in contemplated judicial review proceedings against his local authority for failure to provide transport to and from the educational placement named in his EHC Plan. The case involves arguments under the Equality Act 2010, including arguments relating to the Public Sector Equality Duty.

School admissions and school exclusions

Laith sits as a panel chair on Independent Review Panels in school exclusion cases for the London Borough of Hammersmith and Fulham and sits as a panel member on Independent Appeal Panels in school admission cases for the Royal Borough of Kensington and Chelsea, so he is able to bring this experience to his work in the area of school admissions and school exclusions.

He also advises on school exclusion reviews, drafts submissions for IRPs, appears in front of IRPs, and advises on judicial review of IRP decisions.

An example of Laith’s work in this area: Laith represented the mother of a 6-year-old boy with SEN who had been permanently excluded from his mainstream primary school. The school retracted the permanent exclusion after receiving Laith’s written submissions on behalf of the mother.

Talks and articles

Laith enjoys giving talks and training on education law. Recent talks include discrimination cases in the County Court and judicial reviews in the High Court. In March 2018 Laith will give a talk to the Education Law Association on disability discrimination.

Laith also writes on education law issues: he has written a handbook on disability discrimination law for the National Deaf Children’s Society, and he has written an essay on the place of mediation in education law.


Laith acts for both claimants and defendants in personal injury cases. He has broad personal injury expertise and he has acted in the areas of employers’ liability, occupiers’ liability, public liability, highways claims and road traffic accidents, among other areas of law.

Laith appears in fast-track and multi-track matters.

Laith has experience of drafting all types of civil pleadings. He provides advice on liability, quantum and medical evidence on a wide range of PI claims. He has experience of drafting grounds of appeal and drafting witness statements in support of applications.

Laith has particular expertise in claims involving child abuse: Laith was involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate. Laith also brings his knowledge of safeguarding from his education practice and his professional regulatory practice.


Laith has good experience of general contractual disputes in the county court.

His cases include a claim which revolved around whether the claimant had contracted to do work for a business (which was insolvent by the time of the proceedings) or for the owner of the business. Issues of novation were involved.

Laith is a member of the London Common Law and Commercial Bar Association.

  • Laith was involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate
  • Oyesanya v. Secretary of State for Health (UKEAT/0335/13/JOJ): successfully acted on behalf of the Secretary of State for Health at the EAT in resistance to an appeal against an order striking out the Claimant’s claim following payment of a deposit order out of time;
  • Representing a hospital chaplain in an eight-day employment tribunal case involving claims of disability discrimination (all six strands), whistleblowing and unfair dismissal;
  • Riley v. Crown Prosecution Service (UKSC 2013/0260): represented the Appellant (led by Simon Gorton QC) in her application for permission to appeal to the Supreme Court in relation to an employment tribunal’s decision to strike out her claim on the ground that a fair trial was not possible. The Appellant had been unrepresented at the Court of Appeal.
  • Successfully resisted a specific disclosure application in the High Court. Laith acted on behalf of two employers resisting six-figure claims of unlawful deductions from wages brought by several former employees. Laith also amended the defences of the employers (acting as junior to Melanie Tether).
  • Instructed to advise and represent a disabled medical student who had been deregistered by his university in county court proceedings (disability discrimination and breach of contract) and internal appeal proceedings against the university. A favourable settlement was achieved and the student has now returned to his course.
  • Successfully defended a disabled PhD student from strike out and/or summary judgment of her county court claim for disability discrimination and breach of contract against her university. The university was represented by Peter Oldham QC.
  • Advised two foster carers facing deregistration proceedings before the local Fostering Panel on procedure and next steps.

pAwards

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