Laith Dilaimi

Year of call 2011

CClerk

Jack Wheeler
020 7269 0337 Email Jack

Laith joined Old Square Chambers in 2012 following the successful completion of his pupillage.

His practice covers all areas of work undertaken in chambers, with a particular focus on Employment and Discrimination, Personal Injury, Education Law, and Professional Discipline and Regulatory Law. He also has an interest in Judicial Review, SHE and Criminal Regulatory, Clinical Negligence, Professional Negligence and General Civil Litigation.

Laith acts for both claimants and respondents across almost every type of employment case, including unfair and wrongful dismissal, breach of contract, redundancy, discrimination, TUPE and whistleblowing. Laith acts in and advises on all aspects of litigation, including interlocutory hearings, multi-day full merits hearings and settlement negotiations. He is often instructed in multi-day discrimination cases and is frequently instructed in cases in the EAT, High Court and county courts.

In his personal injury practice Laith acts for both claimants and defendants in multi-track, fast-track and small claims cases. He appears in fast-track trials where both liability and quantum are contested, and he has experience of appearing in appeals before a Circuit Judge. Laith also appears at inquests in the Coroner’s Court and in CICA appeals before the First Tier Tribunal. He drafts pleadings and advises on all manner of issues including liability and quantum. Laith accepts instructions on a Conditional Fee basis where appropriate.

Laith accepts instructions across all areas of education law. He has particular experience with regard to SEN, disability discrimination, school exclusions and universities. He has appeared in front of IAPs, has drafted submissions to the OIA and has advised on judicial review and on county court proceedings.

Laith is the author and editor of various articles on Westlaw Insight, including articles on the national minimum wage and terms of contracts of employment. Laith enjoys participating in mock tribunals and mock trials as well as writing and giving talks: recent talks include how to draft witness statements and changes in the law on whistleblowing.

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, coming first in Personal Injury Law. He has been awarded three scholarships by Gray's Inn, including the Birkenhead Award.

He has judged and taken part in national and international debating competitions; he has interned for the Rt Hon Nick Clegg MP; and he has been a visiting stagiaire in the Cabinet of Advocate General Sharpston, British Advocate General to the European Court of Justice in Luxembourg.

Laith is also a trained mediator and is accredited by ADRGroup.

Professional memberships

  • Employment Law Association
  • Employment Law Bar Association
  • Industrial Law Society
  • Personal Injury 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.

Laith has experience of a broad range of issues including:

  • Unfair and wrongful dismissal
  • Breach of contract
  • All aspects of discrimination
  • Whistleblowing
  • TUPE
  • Equal Pay
  • Agency workers
  • Claims against qualifications bodies


Laith acts for both claimants and respondents. He has experience of representing union backed claimants, privately paying claimants, small businesses, large employers, and employers in the public sector or quasi-public sector, including healthcare trusts, housing associations and charities.

Laith appears in the employment tribunals most weeks and is often instructed in multi-day discrimination cases at employment tribunals all over England and Wales (and occasionally in Scotland).  Laith also appears in the Employment Appeal Tribunal, the High Court and the county courts. Laith gained experience during pupillage of assisting in Court of Appeal cases (including Tiffin v Lester Aldridge [2012] IRLR 391 and Okoro v Taylor Woodrow Construction Ltd [2013] ICR 580); Laith has also assisted in applications for permission to appeal to the Supreme Court. In the industrial relations sphere, Laith has experience of assisting in urgent injunction applications before the High Court; Laith also has experience of assisting in hearings before the Central Arbitration Committee.

Laith is often instructed in discrimination cases outside the employment context. He has experience of appearing in discrimination cases in the county court and has experience of drafting submissions for the Office of the Independent Adjudicator in discrimination cases involving higher education institutions.

Laith regularly undertakes written work in employment matters. He has experience of drafting grounds of complaint and grounds of response in the employment tribunals and drafting defences and counter schedules in the High Court and county courts; he finds that his experience of drafting pleadings, schedules and counter schedules in personal injury matters often proves useful when drafting employment pleadings, schedules and counter schedules in the civil courts. He also drafts witness statements and writes applications to the tribunal, including applications for reconsideration. Of course, Laith is also happy to write advices on merits and quantum.


Examples of Laith’s recent work include:

  • 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;
  • 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 represented an NHS Trust in a five-day race discrimination, harassment and victimisation claim brought against it by a current employee
  • 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). 
  • Drafted a 53 page long witness statement for the General Secretary of a trade union in an equal pay and sex discrimination test case brought against a major high street bank. The union-backed claimants (represented by Oliver Segal QC) were successful in their claims.
  • Represented the respondent parents in a claim for unfair dismissal brought against them by their former nanny. The parents admitted that the dismissal was procedurally unfair. Laith represented the parents throughout the proceedings, from drafting the ET3 to representing the parents at the final hearing, and achieved a 100% Polkey reduction of the claimant’s compensatory award and a 75% reduction of the claimant’s basic award by reason of contributory conduct.
  • 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.
  • Successfully represented a claimant in claims involving TUPE and redundancy brought against two respondents, one of which was insolvent.


Upcoming cases include:

  • representing a hospital chaplain in an eight-day employment tribunal case involving claims of disability discrimination (all six strands), whistleblowing and unfair dismissal;
  • acting in a ten-day employment tribunal case;
  • advising on the merits of an application to the European Court of Human Rights (led by Simon Gorton QC).


Laith has particular experience of employment law in the healthcare sector: he recently completed a four-month-long secondment to the advocacy team of a leading law firm specialising in the healthcare sector. He was mainly involved in providing advocacy for hearings in the employment tribunals and the Employment Appeal Tribunal; he also drafted pleadings and counter-schedules in proceedings in the High Court. During his secondment Laith gained considerable experience of aspects of employment litigation unique to NHS trusts, such as Treasury/TDA/Monitor approval and doctors’ banding disputes. He also benefited from working closely with solicitors from the beginning to end of cases; he hopes that this has given him an insight into how solicitors and HR clients can be helped by barristers. 

Laith is also regularly instructed by employers and employees in the education sector. 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. He has experience of cases involving schools in the state sector and in the independent sector.

Laith is frequently instructed by employers in the leisure, retail and consumer brands sector. Regular clients include Tesco, Asda, Harrods and Hilton.


Publications, Talks and Mock Tribunals

  • Author and editor of various articles on Westlaw Insight, including articles on the national minimum wage and terms of contracts of employment.
  • Laith enjoys writing and giving talks. Recent topics include whistleblowing detriment/dismissals and how to draft witness statements.
  • Laith also enjoys participating in mock tribunals.


Professional Memberships

  • Employment Law Association
  • Employment Law Bar Association
  • Industrial Law Society

 


Laith acts for both claimants and defendants in personal injury cases. He has broad personal injury expertise and his practice covers employers’ liability, occupiers’ liability, public liability, highways claims and road traffic accidents (including low velocity impacts), among other areas of law.

Laith appears in trials and applications on the fast track and small claims track, and he is regularly instructed in interim applications and interlocutory hearings on the multi-track. He has experience of appearing in appeals before a Circuit Judge. He also has experience of coroners’ inquests.

Laith has considerable 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 has been involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate.

Laith accepts instructions on a Conditional Fee basis where appropriate.


Recent multi-track hearings:

  • represented the Claimant in a contested application for permission to obtain a medical report from a specialist in WRULD (work related upper limb disorder) in substitution for a medical report from a general orthopaedic expert.
  • represented a claimant who had suffered a hand injury with associated reactive depression in a CMC before a High Court Master.


Recent fast track trials:

  • achieved a 50:50 liability split when representing the defendant in a road traffic accident case involving an independent witness supporting the claimant’s case. Liability and quantum were contested and issues of vehicle damage and credit hire were involved.
  • achieved a favourable settlement at the court door for a claimant who had injured his foot when stepping on a manhole with a broken cover. There were complex liability issues because the manhole was owned by a water company but situated in a grass verge on the highway; the water company relied on the council’s inspections of the manhole cover and surrounding area, but the council did not actually carry out routine inspections of the grass verge.
  • represented the defendant housing association in a housing disrepair claim brought against it by a tenant who was injured when falling in a pothole in the patio at the rear of her property. The case involved the Defective Premises Act 1972, the Landlord and Tenant Act 1985, the Housing Act 1988, contractual obligations under the lease and issues of contributory negligence.
  • represented a claimant who had sustained a shoulder injury and was pursuing a manual handling and PUWER claim against his former employer. Liability and quantum were contested.


CICA

Laith regularly appears in appeals against the decisions of the Criminal Injury Compensation Authority. Laith has been successful in appealing CICA decisions on both eligibility and tariff.

Recent cases include two where the applicant was a teacher injured by a pupil at a special educational needs school and the issue before the tribunal was whether the incident had to be reported to the police or whether it was sufficient for the incident to be reported to the school.


Credit hire

Laith has extensive experience of credit hire litigation. He appears regularly in credit hire cases in the fast track and small claims track for both claimants and defendants.

During pupillage he assisted David Rivers in researching the relevance of the concepts of agency and subrogation in credit hire cases.


Talks and Mock Trials

Laith enjoys writing and giving talks: his most recent talk was on how to draft witness statements in the post-Jackson landscape.

Laith also enjoys participating in mock trials: he has recently appeared in a manual handling mock trial for an audience of insurers and in a Highways Act mock trial for an audience of local authorities.


Professional Memberships

  • Personal Injury Bar Association

Laith has a keen interest in education law and has broad-ranging education law experience, including advisory, drafting and advocacy work. He has particular experience with regard to disability discrimination, SEN, school exclusions and claims against universities; he also has experience in cases which involve the overlap between education law and employment law. Generally, but not exclusively, he represents students and the parents or guardians of children.

Laith has:

  • appeared in front of IAPs;
  • appeared in front of county courts;
  • drafted and amended county court pleadings;
  • drafted submissions to the OIA;
  • advised on judicial review proceedings.


Laith also has extensive experience of cases involving the education sector in the context of employment law and personal injury law. Laith finds that his expertise discrimination law and contract law from these areas of his practice can prove useful in education law cases.

Laith is happy to do pro bono work in appropriate cases: he has volunteered for the School Exclusions Unit, providing representation to children with special educational needs who have been excluded from school.

Laith also writes on education law issues: he has written a handbook on discrimination law for the National Deaf Children’s Society; and he has written an essay on the place of mediation in education law. Laith also enjoys providing training to clients on education law: he was recently involved in providing training on the new law in relation to school exclusions.

Recent and current cases:

  • 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;
  • represented in IAP proceedings 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;
  • 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;
  • successfully represented the parents of a child with SEN in employment tribunal proceedings brought against them by their former nanny. The tribunal found that the parents’ dismissal of the nanny had been substantively fair by reason of a breakdown in trust and confidence caused partly by a disagreement as to suitable parenting strategies for a young child with SEN.

Laith has a broad range of experience of professional discipline and regulatory matters.

In the medical field, Laith has knowledge of MHPS and the equivalent procedures in Wales, WHC 90(22) and DGM (95)44. 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. Laith is frequently instructed by NHS trusts to defend claims by medical professionals who have been dismissed or disciplined by reason of conduct or capability.

Laith also 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 is on the board of barristers who represent the Bar Standards Board in Appeals to the Visitors.

Laith has experience of disciplinary proceedings regarding foster carers. He has advised foster carers facing deregistration and has advised in relation to cases before the relevant Fostering Panel and before the Independent Review Mechanism.

Laith has experience of advising on appeals against refusals of licence applications by the Security Industry Authority.

Finally, Laith also has experience of assisting employers with internal disciplinary and grievance procedures. During pupillage Laith assisted Jeo Omambala in conducting two independent grievance investigations for a leading internet retailer.


Laith has good experience of motor cases and health and safety matters in the civil courts and tribunals: he is keen to extend this into motor prosecution cases in the criminal courts as well as health and safety cases and regulatory hearings.

Laith has shadowed Malcolm Galloway in a death by careless driving case in the Crown Court; in his own right, he has experience of attending inquests on behalf of insurers in cases where a civil and/or criminal motor prosecution is envisaged.

Laith receives instructions to appear in Magistrates’ Courts.


Laith is keen to develop his clinical negligence practice. Laith’s experience includes:

  • advising in regard to a fatal pulmonary embolism case in which the deceased’s GP was accused of clinical negligence; and
  • assisting in advising on the merits of a clinical negligence Fatal Accidents Act claim and drafting the schedule of loss.


Laith also has experience of clinical negligence from his personal injury practice and employment practice: in particular, he has experience representing NHS trusts which have dismissed nurses who have made medication errors.


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

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

Laith has particular experience of advising on and acting in contractual disputes between students and universities, including claims under Sections 13 and 14 of the Supply of Goods and Services Act 1982. Please see Laith’s education profile above for more detail.

Laith also has considerable experience of credit hire cases: please see Laith’s personal injury profile above for more detail.


Laith has some experience advising on professional negligence, particularly solicitors’ negligence, and has experience of related areas of law, such as clinical negligence. Laith is keen to develop his professional negligence practice.


Laith has some experience advising on judicial review, particularly in cases involving educational institutions. He is a member of chambers’ Administrative Law group.

Laith is keen to attract further instructions in this area of law.


Laith specialises in the full range of employment law, including discrimination and whistleblowing.

Laith is an accredited mediator.

He has experience of:

  • presenting organisations' cases at disciplinary hearings: he recently did a secondment presenting cases on behalf of the Health and Care Professions Council (HCPC) at hearings of its Conduct and Competence Committee as well as other committees;
  • assisting with investigations;
  •  sitting as an appeal decision maker: he sits on Independent Appeal Panels for the Royal Borough of Kensington and Chelsea, making decisions on school admission appeals;
  • providing practical advice on handling grievance and disciplinary procedures.

 

Laith is able to accept Public Access instructions.

  • 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 joined Old Square Chambers in 2012 following the successful completion of his pupillage.

His practice covers all areas of work undertaken in chambers, with a particular focus on Employment and Discrimination, Personal Injury, Education Law, and Professional Discipline and Regulatory Law. He also has an interest in Judicial Review, SHE and Criminal Regulatory, Clinical Negligence, Professional Negligence and General Civil Litigation.

Laith acts for both claimants and respondents across almost every type of employment case, including unfair and wrongful dismissal, breach of contract, redundancy, discrimination, TUPE and whistleblowing. Laith acts in and advises on all aspects of litigation, including interlocutory hearings, multi-day full merits hearings and settlement negotiations. He is often instructed in multi-day discrimination cases and is frequently instructed in cases in the EAT, High Court and county courts.

In his personal injury practice Laith acts for both claimants and defendants in multi-track, fast-track and small claims cases. He appears in fast-track trials where both liability and quantum are contested, and he has experience of appearing in appeals before a Circuit Judge. Laith also appears at inquests in the Coroner’s Court and in CICA appeals before the First Tier Tribunal. He drafts pleadings and advises on all manner of issues including liability and quantum. Laith accepts instructions on a Conditional Fee basis where appropriate.

Laith accepts instructions across all areas of education law. He has particular experience with regard to SEN, disability discrimination, school exclusions and universities. He has appeared in front of IAPs, has drafted submissions to the OIA and has advised on judicial review and on county court proceedings.

Laith is the author and editor of various articles on Westlaw Insight, including articles on the national minimum wage and terms of contracts of employment. Laith enjoys participating in mock tribunals and mock trials as well as writing and giving talks: recent talks include how to draft witness statements and changes in the law on whistleblowing.

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, coming first in Personal Injury Law. He has been awarded three scholarships by Gray's Inn, including the Birkenhead Award.

He has judged and taken part in national and international debating competitions; he has interned for the Rt Hon Nick Clegg MP; and he has been a visiting stagiaire in the Cabinet of Advocate General Sharpston, British Advocate General to the European Court of Justice in Luxembourg.

Laith is also a trained mediator and is accredited by ADRGroup.

Professional memberships

  • Employment Law Association
  • Employment Law Bar Association
  • Industrial Law Society
  • Personal Injury 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.

Laith has experience of a broad range of issues including:

  • Unfair and wrongful dismissal
  • Breach of contract
  • All aspects of discrimination
  • Whistleblowing
  • TUPE
  • Equal Pay
  • Agency workers
  • Claims against qualifications bodies


Laith acts for both claimants and respondents. He has experience of representing union backed claimants, privately paying claimants, small businesses, large employers, and employers in the public sector or quasi-public sector, including healthcare trusts, housing associations and charities.

Laith appears in the employment tribunals most weeks and is often instructed in multi-day discrimination cases at employment tribunals all over England and Wales (and occasionally in Scotland).  Laith also appears in the Employment Appeal Tribunal, the High Court and the county courts. Laith gained experience during pupillage of assisting in Court of Appeal cases (including Tiffin v Lester Aldridge [2012] IRLR 391 and Okoro v Taylor Woodrow Construction Ltd [2013] ICR 580); Laith has also assisted in applications for permission to appeal to the Supreme Court. In the industrial relations sphere, Laith has experience of assisting in urgent injunction applications before the High Court; Laith also has experience of assisting in hearings before the Central Arbitration Committee.

Laith is often instructed in discrimination cases outside the employment context. He has experience of appearing in discrimination cases in the county court and has experience of drafting submissions for the Office of the Independent Adjudicator in discrimination cases involving higher education institutions.

Laith regularly undertakes written work in employment matters. He has experience of drafting grounds of complaint and grounds of response in the employment tribunals and drafting defences and counter schedules in the High Court and county courts; he finds that his experience of drafting pleadings, schedules and counter schedules in personal injury matters often proves useful when drafting employment pleadings, schedules and counter schedules in the civil courts. He also drafts witness statements and writes applications to the tribunal, including applications for reconsideration. Of course, Laith is also happy to write advices on merits and quantum.


Examples of Laith’s recent work include:

  • 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;
  • 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 represented an NHS Trust in a five-day race discrimination, harassment and victimisation claim brought against it by a current employee
  • 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). 
  • Drafted a 53 page long witness statement for the General Secretary of a trade union in an equal pay and sex discrimination test case brought against a major high street bank. The union-backed claimants (represented by Oliver Segal QC) were successful in their claims.
  • Represented the respondent parents in a claim for unfair dismissal brought against them by their former nanny. The parents admitted that the dismissal was procedurally unfair. Laith represented the parents throughout the proceedings, from drafting the ET3 to representing the parents at the final hearing, and achieved a 100% Polkey reduction of the claimant’s compensatory award and a 75% reduction of the claimant’s basic award by reason of contributory conduct.
  • 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.
  • Successfully represented a claimant in claims involving TUPE and redundancy brought against two respondents, one of which was insolvent.


Upcoming cases include:

  • representing a hospital chaplain in an eight-day employment tribunal case involving claims of disability discrimination (all six strands), whistleblowing and unfair dismissal;
  • acting in a ten-day employment tribunal case;
  • advising on the merits of an application to the European Court of Human Rights (led by Simon Gorton QC).


Laith has particular experience of employment law in the healthcare sector: he recently completed a four-month-long secondment to the advocacy team of a leading law firm specialising in the healthcare sector. He was mainly involved in providing advocacy for hearings in the employment tribunals and the Employment Appeal Tribunal; he also drafted pleadings and counter-schedules in proceedings in the High Court. During his secondment Laith gained considerable experience of aspects of employment litigation unique to NHS trusts, such as Treasury/TDA/Monitor approval and doctors’ banding disputes. He also benefited from working closely with solicitors from the beginning to end of cases; he hopes that this has given him an insight into how solicitors and HR clients can be helped by barristers. 

Laith is also regularly instructed by employers and employees in the education sector. 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. He has experience of cases involving schools in the state sector and in the independent sector.

Laith is frequently instructed by employers in the leisure, retail and consumer brands sector. Regular clients include Tesco, Asda, Harrods and Hilton.


Publications, Talks and Mock Tribunals

  • Author and editor of various articles on Westlaw Insight, including articles on the national minimum wage and terms of contracts of employment.
  • Laith enjoys writing and giving talks. Recent topics include whistleblowing detriment/dismissals and how to draft witness statements.
  • Laith also enjoys participating in mock tribunals.


Professional Memberships

  • Employment Law Association
  • Employment Law Bar Association
  • Industrial Law Society

 


Laith acts for both claimants and defendants in personal injury cases. He has broad personal injury expertise and his practice covers employers’ liability, occupiers’ liability, public liability, highways claims and road traffic accidents (including low velocity impacts), among other areas of law.

Laith appears in trials and applications on the fast track and small claims track, and he is regularly instructed in interim applications and interlocutory hearings on the multi-track. He has experience of appearing in appeals before a Circuit Judge. He also has experience of coroners’ inquests.

Laith has considerable 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 has been involved in the Jimmy Savile child abuse litigation, advising several potential claimants on their prospects of recovery against Savile’s estate.

Laith accepts instructions on a Conditional Fee basis where appropriate.


Recent multi-track hearings:

  • represented the Claimant in a contested application for permission to obtain a medical report from a specialist in WRULD (work related upper limb disorder) in substitution for a medical report from a general orthopaedic expert.
  • represented a claimant who had suffered a hand injury with associated reactive depression in a CMC before a High Court Master.


Recent fast track trials:

  • achieved a 50:50 liability split when representing the defendant in a road traffic accident case involving an independent witness supporting the claimant’s case. Liability and quantum were contested and issues of vehicle damage and credit hire were involved.
  • achieved a favourable settlement at the court door for a claimant who had injured his foot when stepping on a manhole with a broken cover. There were complex liability issues because the manhole was owned by a water company but situated in a grass verge on the highway; the water company relied on the council’s inspections of the manhole cover and surrounding area, but the council did not actually carry out routine inspections of the grass verge.
  • represented the defendant housing association in a housing disrepair claim brought against it by a tenant who was injured when falling in a pothole in the patio at the rear of her property. The case involved the Defective Premises Act 1972, the Landlord and Tenant Act 1985, the Housing Act 1988, contractual obligations under the lease and issues of contributory negligence.
  • represented a claimant who had sustained a shoulder injury and was pursuing a manual handling and PUWER claim against his former employer. Liability and quantum were contested.


CICA

Laith regularly appears in appeals against the decisions of the Criminal Injury Compensation Authority. Laith has been successful in appealing CICA decisions on both eligibility and tariff.

Recent cases include two where the applicant was a teacher injured by a pupil at a special educational needs school and the issue before the tribunal was whether the incident had to be reported to the police or whether it was sufficient for the incident to be reported to the school.


Credit hire

Laith has extensive experience of credit hire litigation. He appears regularly in credit hire cases in the fast track and small claims track for both claimants and defendants.

During pupillage he assisted David Rivers in researching the relevance of the concepts of agency and subrogation in credit hire cases.


Talks and Mock Trials

Laith enjoys writing and giving talks: his most recent talk was on how to draft witness statements in the post-Jackson landscape.

Laith also enjoys participating in mock trials: he has recently appeared in a manual handling mock trial for an audience of insurers and in a Highways Act mock trial for an audience of local authorities.


Professional Memberships

  • Personal Injury Bar Association

Laith has a keen interest in education law and has broad-ranging education law experience, including advisory, drafting and advocacy work. He has particular experience with regard to disability discrimination, SEN, school exclusions and claims against universities; he also has experience in cases which involve the overlap between education law and employment law. Generally, but not exclusively, he represents students and the parents or guardians of children.

Laith has:

  • appeared in front of IAPs;
  • appeared in front of county courts;
  • drafted and amended county court pleadings;
  • drafted submissions to the OIA;
  • advised on judicial review proceedings.


Laith also has extensive experience of cases involving the education sector in the context of employment law and personal injury law. Laith finds that his expertise discrimination law and contract law from these areas of his practice can prove useful in education law cases.

Laith is happy to do pro bono work in appropriate cases: he has volunteered for the School Exclusions Unit, providing representation to children with special educational needs who have been excluded from school.

Laith also writes on education law issues: he has written a handbook on discrimination law for the National Deaf Children’s Society; and he has written an essay on the place of mediation in education law. Laith also enjoys providing training to clients on education law: he was recently involved in providing training on the new law in relation to school exclusions.

Recent and current cases:

  • 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;
  • represented in IAP proceedings 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;
  • 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;
  • successfully represented the parents of a child with SEN in employment tribunal proceedings brought against them by their former nanny. The tribunal found that the parents’ dismissal of the nanny had been substantively fair by reason of a breakdown in trust and confidence caused partly by a disagreement as to suitable parenting strategies for a young child with SEN.

Laith has a broad range of experience of professional discipline and regulatory matters.

In the medical field, Laith has knowledge of MHPS and the equivalent procedures in Wales, WHC 90(22) and DGM (95)44. 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. Laith is frequently instructed by NHS trusts to defend claims by medical professionals who have been dismissed or disciplined by reason of conduct or capability.

Laith also 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 is on the board of barristers who represent the Bar Standards Board in Appeals to the Visitors.

Laith has experience of disciplinary proceedings regarding foster carers. He has advised foster carers facing deregistration and has advised in relation to cases before the relevant Fostering Panel and before the Independent Review Mechanism.

Laith has experience of advising on appeals against refusals of licence applications by the Security Industry Authority.

Finally, Laith also has experience of assisting employers with internal disciplinary and grievance procedures. During pupillage Laith assisted Jeo Omambala in conducting two independent grievance investigations for a leading internet retailer.


Laith has good experience of motor cases and health and safety matters in the civil courts and tribunals: he is keen to extend this into motor prosecution cases in the criminal courts as well as health and safety cases and regulatory hearings.

Laith has shadowed Malcolm Galloway in a death by careless driving case in the Crown Court; in his own right, he has experience of attending inquests on behalf of insurers in cases where a civil and/or criminal motor prosecution is envisaged.

Laith receives instructions to appear in Magistrates’ Courts.


Laith is keen to develop his clinical negligence practice. Laith’s experience includes:

  • advising in regard to a fatal pulmonary embolism case in which the deceased’s GP was accused of clinical negligence; and
  • assisting in advising on the merits of a clinical negligence Fatal Accidents Act claim and drafting the schedule of loss.


Laith also has experience of clinical negligence from his personal injury practice and employment practice: in particular, he has experience representing NHS trusts which have dismissed nurses who have made medication errors.


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

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

Laith has particular experience of advising on and acting in contractual disputes between students and universities, including claims under Sections 13 and 14 of the Supply of Goods and Services Act 1982. Please see Laith’s education profile above for more detail.

Laith also has considerable experience of credit hire cases: please see Laith’s personal injury profile above for more detail.


Laith has some experience advising on professional negligence, particularly solicitors’ negligence, and has experience of related areas of law, such as clinical negligence. Laith is keen to develop his professional negligence practice.


Laith has some experience advising on judicial review, particularly in cases involving educational institutions. He is a member of chambers’ Administrative Law group.

Laith is keen to attract further instructions in this area of law.


Laith specialises in the full range of employment law, including discrimination and whistleblowing.

Laith is an accredited mediator.

He has experience of:

  • presenting organisations' cases at disciplinary hearings: he recently did a secondment presenting cases on behalf of the Health and Care Professions Council (HCPC) at hearings of its Conduct and Competence Committee as well as other committees;
  • assisting with investigations;
  •  sitting as an appeal decision maker: he sits on Independent Appeal Panels for the Royal Borough of Kensington and Chelsea, making decisions on school admission appeals;
  • providing practical advice on handling grievance and disciplinary procedures.

 

Laith is able to accept Public Access instructions.

  • 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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