Daniel Stilitz QC

Daniel Stilitz

Professional Summary

Called 1992 Appointed QC 2010

Contact Details

E T +44 (0)20 7632 8500 Clerk Mark Dann Clerk Darren Bacon Clerk Martin Pownall E

Daniel Stilitz QC is an advocate practising in employment law, public law and commercial law. He is consistently recommended as a leading silk in the legal directories. His employment practice focuses in particular on the financial services and professional services sectors, and includes High Court, appellate and tribunal advocacy, recently involving a number of lengthy trials and injunction applications. His public law practice includes commercial judicial review, health, human rights and local government. He has also recently acted in a number of commercial and sports disputes. Dan is also a CEDR Solve panel member and has regularly sat as a mediator since qualifying in 1997.

Specialisms

Employment

Dan’s employment practice focuses in particular on the financial services and professional services sectors, and includes High Court, appellate and tribunal advocacy, recently involving a number of lengthy trials and injunction applications.

Examples of his work in this field include:

Beatt v Croydon Health Services NHS Trust
[2017] EWCA Civ 401 CA, May 23 2017 [2017] IRLR 748
The EAT had been wrong to overturn an employment tribunal’s finding that a consultant cardiologist had been dismissed because he made protected disclosures

R (Boots Management Services Ltd) v Central Arbitration Committee
[2017] EWCA Civ 66 [2017] IRLR 355
Intervening on behalf of the Secretary of State on claim for a declaration of incompatibility with Article 11 in relation to trade union derecognition provisions

Carneiro v Chelsea FC & Mourinho
(2016, ET) (Acting for Premier League Football Club and its former manager – sex discrimination and constructive dismissal – claim by former first team doctor

Johnson v Fortress Investment Group
(2016, ET)
Acting for hedge fund defending disability discrimination claim brought by former employee with Motor Neurone Disease

R (BMA) v Secretary of State for Health
(2016, High Court)
Acting for NHS Confederation, an interested party in judicial review brought against the alleged imposition of judicial doctors’ contracts by the Secretary of State

Yates v Orrick
(2015, ET)
Resisting claims of age and disability discrimination brought by a former member of a US law firm LLP

Smith v Carillion
[2015] EWCA Civ 209 [2015] IRLR 467
Acting for the Secretary of State on appeal relating to adequacy of protection against blacklisting, employment status, retrospective application of the HRA and declarations of incompatibility

Gregg v Troy Asset Management Ltd
(2015, ET and EAT)
Resisting claims of sex, maternity and pregnancy dismissal brought by senior dealer against asset management company

Duffy v TNS
(2015, ET)
Acting for a research and media company resisting claims of sex discrimination and whistleblowing brought by a former CEO

Pereiro-Mendez v Goldman Sachs
(2015)
Acting on behalf of a global investment bank resisting claims of equal pay, sex discrimination and maternity discrimination brought by director in relation to salary, bonus and promotion

Public

Dan Stilitz’s public law practice includes commercial judicial review, health, human rights and local government.

Examples of his work in this field include:

R (T & S King (a partnership)) v DEFRA
[2016] EWHC 1692 (Admin)
Challenging a decision of DEFRA as to payment of agricultural subsidies under EU law

R (Boehringer-Ingelheim Ltd) v NHS England
(2016, Administrative Court)
Resisting an application for permission to apply for judicial review of a decision of NHS England on the circumstances in which an end of life cancer treatment should be used

R (Keep Wythenshawe Special Ltd) v NHS Central Manchester CCG
[2016] EWHC 17 (Admin)
Acting for NHS England, as an interested party, in a challenge to the reorganisation of hospital services in Greater Manchester

Akerman-Livingstone v Aster Communities Ltd
[2015] UKSC 15 [2015] 2 WLR 721
Acting for a housing association resisting an appeal brought to the Supreme Court by a tenant to whom homelessness duties were owed – Equality Act 2010 defence to possession action – disability discrimination – summary jurisdiction

R (Islington Borough Council & others) v Mayor of London & others
[2013] EWHC 4142 (Admin)
Acting for Inner London local authorities in challenge to Mayor of London’s decision to close fire stations

R (Singh) v Post Office Ltd
(2013, Administrative Court)
Acting for Post Office Ltd resisting claims for alleged breaches of Art 6 and Art 8 ECHR brought by a former sub-postmaster

Commercial

Examples of Daniel Stilitz’s work in this field include:

Bartholomews Agri Food Ltd v Thornton
[2016] EWHC 648 (QB), [2016] IRLR 432, QBD, March 23 2016
Restrictive covenant against agronomist was unenforceable.

Arthur J Gallagher Ltd v Aston Scott Group
[2017]
High Court: Claim against insurance company and executives for breaches of restrictive covenants and misuse of confidential information.

Zerolight Ltd v Wolff
[2016] EWHC 487 (QB)
Obtaining injunction for technology company whose senior employees had been poached by a competitor

GCN (Scotland) Ltd v Palletways (UK) Limited
(2013, Queen’s Bench Division)
Acting for Scottish haulage company – dispute of contractual arrangements with distribution hub -injunctive relief obtained to restrain premature and unlawful termination of the agreement

Mittell & others v PHD Technologies Inc
(2011, Bristol Mercantile Court)
Acting of US technology company Dispute with former owners – Sale and Purchase Agreement – deferred consideration

BTIG v Reiss
(2011, Commercial Court)
Acting for firm of agency brokers Breach of contract – losses arising from unauthorised trading

Nick Page & another v Barry Page & others
(2011, Chancery Division)
Acting for minority shareholders in section 994 Companies Act petition – unfair prejudice to minority shareholders

City Index Ltd v Gawler & others
[2008] Ch 313 [2007] EWCA Civ 1382
Knowing receipt and the scope of the Civil Liability (Contribution) Act 1978

Sport

Dan regularly advises football clubs and managers regarding contractual and other disputes, and has also acted for Formula 1 motor racing teams and other elite sporting organisations.  Examples of Dan’s work in this field include:

Carneiro v Chelsea FC & Mourinho
(2016, ET)
Acting for Premier League Football Club and its former manager – sex discrimination and constructive dismissal – claim by former first team doctor

Nescar SL v Middlesbrough FC
(2011, QBD)
Acting for Spanish sports services agency – agency agreement for transfer of professional footballer – breach of contract – implied terms

Gascoyne v Force India Ltd
(2010, QBD)
Acting for Formula One motor racing team – gross underperformance of Chief Technical Officer – wrongful dismissal – loss of chance

Mediation

Daniel is a CEDR trained Mediator and has been accredited since 1997.  He has mediated in more than 50 disputes.

His mediation experience is in the following fields:

  • Commercial disputes
  • Employment disputes
  • Public law disputes

Recent cases successfully mediated include:

  • A commercial dispute between a firm of headhunters and a law firm over fees payable following a team move.  The case was settled through mediation prior to the issue of proceedings
  • A dispute over the sale and purchase of a company owning a chain of clinics, involving issues of share ownership, misrepresentation and debt
  • A £5 million sex discrimination claim brought by a senior banker against a major US investment bank
  • A High Court action for alleged misuse of confidential information, poaching of staff and unlawful competition between financial advisers
  • A sex discrimination claim brought by an associate solicitor against a leading law firm, settled prior to the hearing of an internal grievance
  • A £2 million maternity leave discrimination claim brought by a banker against a Swiss bank
  • A multi-party Chancery Division dispute over a share sale agreement in relation to a company engaged in the exhibitions business, including allegations of fraud and misrepresentation.  Settlement included both financial and non-financial elements

Recommendations

“If I were in trouble he would be the person I would go to get me out of it … very bright and a pleasure to work with” Chambers & Partners

“Very responsive, pragmatic and quick to identify key issues” Chambers & Partners

“Calm under pressure and very comprehensive” Chambers & Partners

“He has a persuasive manner in court that results in the right outcome for clients.” Legal 500

“ … an excellent advocate [with] very good cross-examination skills” Chambers & Partners

“Excellent … very hardworking, very thoughtful and very pleasant to work with” Chambers & Partners

“Outstanding technical understanding” Legal 500

“ … a very good advocate who wins the court over … He makes the court like his argument, like him and like the client” Chambers & Partners

“He’s a whistleblowing guru, as well as being very commercial, client-friendly and bright” Chambers & Partners

Recent Cases

Ministry of Justice v Prison Officers’ Association
[2017] EWHC 1839 (QB), QBD, July 19 2017, Times, September 20 2017
Dan acted for the Ministry of Justice in obtaining a permanent injunction against the POA to prevent inducement of industrial action in the Prison Service. The statutory prohibition against inducing a prison officer withholding his services included inducing him not to perform voluntary tasks.

Wandsworth London Borough Council v Vining
[2017] EWCA Civ 1092, CA, July 28 2017, Times, September 26 2017
The leading case on the employment status of parks police, in which the Court of Appeal held that they have a right to consultation on redundancies. Dan acted for the Secretary of State, intervening.

Beatt v Croydon Health Services NHS Trust
[2017] EWCA Civ 401 CA, May 23 2017 [2017] IRLR 748
Dan acted for a consultant cardiologist before the Court of Appeal, which restored the finding of the Employment Tribunal that he had been dismissed on whistleblowing grounds, following him raising concerns about the circumstances of the death of patient during a procedure.

Carneiro v (1) Chelsea Football Club (2) Jose Mourinho
(2016)
Dan acted for Chelsea Football Club and its former manager in resisting the much-publicised claims of sex discrimination and constructive dismissal brought against them by the club’s former first team doctor. The case settled on the second day of trial.

Pereiro-Mendez v Goldman Sachs
(2015)
Dan acted for Goldman Sachs in this high profile claim brought by an executive director employed by the bank as an analyst in credit trading. She brought claims of equal pay, maternity discrimination and sex discrimination, alleging that she had been discriminated against in relation to the allocation of opportunities, basic salary, bonus and promotion to managing director. The case settled during the course of the hearing.

Akerman-Livingstone v Aster Communities Ltd
[2015] UKSC 15 [2015] 2 WLR 721
Dan was instructed in the Supreme Court by the respondent, a social landlord, resisting an appeal by a tenant against whom possession had been granted summarily by the county court. The tenant was disabled, and alleged that his summary eviction amounted to disability discrimination under the Equality Act 2010. This is the leading case in the Supreme Court on how the county court should approach possession proceedings where an Equality Act defence has been raised.

R (Boots Management Services Ltd) v Central Arbitration Committee
[2014] EWHC 2930 [2014] IRLR 887
The CAC had held that the derecognition machinery contained in Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 should be re-written to ensure compatibility with Article 11 of the Convention.  On appeal to the High Court, it was held that the provisions could not be read compatibly with the Convention and the judge therefore indicated that a declaration of incompatibility might be appropriate.  Dan was instructed by the Secretary of State, intervening, leading Joseph Barrett, at the resumed hearing. Raising arguments not previously before the court, he successfully argued that the provisions could be read compatibility with the Convention and that there was therefore no basis for making a declaration of incompatibility.

Linwood v BBC
(2014)
The case arose out of the failure of the DMI technology project at the BBC.  The BBC’s Chief Technology Officer was dismissed as a result, and brought claims of whistleblowing and unfair dismissal, alleging that he had been made a scapegoat. Dan acted for the BBC, successfully defending the whistleblowing allegations.

R (K & AC Jackson) v DEFRA
[2011] EWHC 956 (Admin)
This case was an emergency judicial review application, seeking to prevent DEFRA from slaughtering a prize-winning bull following an allegedly positive test for bovine tuberculosis.  Dan was instructed by the farmer, and initially obtained injunctive relief and an order for cross-examination of the DEFRA veterinary officers.  Following the substantive hearing, the testing procedure was found to be fundamentally flawed and the order for the slaughter of the bull was quashed.

Canadian Imperial Bank of Commerce v Beck
[2010] EqLR 120 [2009] EWCA Civ 619 [2009] IRLR 740
Dan acted for a German senior marketer in his successful claim of race discrimination against a Canadian investment bank. The case was appealed by the bank to the EAT (twice) and to the Court of Appeal, with all appeals being dismissed.  The Court of Appeal’s decision is the leading case the appropriate test for disclosure in the employment tribunal.

News, Articles & Publications

Contributor to Conduct and Pay In the Financial Services Industry: The Regulation of Individuals  (eds Ogg and Leiper). Informa Law from Routledge, 2017.

Contributor to Tolley’s Employment Handbook, 30th Edition (Trade Unions and Industrial Action)

Contributor to Tottel’s Local Government Law (Non-judicial control of local authorities)

Consultant Editor of Housing and Property Law Joint author (with Philip Sales) of ‘Intentional Infliction of Harm by Unlawful MeansLaw Quarterly Review (1999) 411

Joint author (with Michael Supperstone QC and Clive Sheldon) of ‘ADR and Public Law’ Public Law (2006) 299

Education

1987-1990: New College, Oxford University. BA (Hons) in Philosophy, Politics and Economics, First Class

1990-1992: City University. 1991: Diploma in Law (CPE) with Distinction

1992: MA in Law

Other

CEDR Solve Accredited Mediator since 1997. Member of CEDR Mediation Panel. Regularly sits as a mediator in commercial, public law and employment disputes.

1999: Appointed to the Attorney General’s ‘B’ Panel

2006: Appointed to the Attorney General’s ‘A’ Panel

Memberships:

Member (and Committee member) of COMBAR, Member of ELBA, ALBA and ELA

Committee Member of the Barristers’ Benevolent Association

Director of the High Pay Centre

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Regulatory Information

All members of Chambers are registered with the Bar Stardards Board of England and Wales. For general terms and conditions on which services are provided - click here

Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Daniel Stilitz QC

VAT Number: GB 627727516

Legal Status: Sole Practitioner

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