Nigel Porter
Professional Summary
Called 1994
Contact Details
E Nigel.Porter@11kbw.com T +44 (0)20 7632 8500 Clerk Martin Pownall Clerk Mollie Adams Clerk John Ojeda E Contact Clerks
Nigel is a highly experienced practitioner in all areas of employment law, business protection and professional negligence particularly arising in the employment context.
Specialisms
Commercial
Nigel has substantial experience representing both employers and employees in matters of business protection both advisory and in litigation in relation to enforcement of restrictive covenants, misuse of confidential information, team moves, springboard and related injunctive relief and unlawful competitive activity. Much of this work relates to reaching a resolution of the issues at an early stage of litigation or at the pre-action stage.
Examples of recent work:
Advising a London solicitors firm in relation to a “team move” of a substantial number of solicitors to a competing firm.
Advising a large recruitment business in relation to enforceability of covenants of departing employees and removal and recovery of confidential information.
Acting for a group of employees who set up a competing business in claims for injunctive relief, delivery up, springboard relief, breach of confidence and damages.
Reported examples in the law reports include:
Admiral Management Services Ltd v Para-Protect Europe Ltd & Ors
[2002] 1 WLR 2722
Cantor Fitzgerald International v Callaghan
[1999] IRLR 235 (Court of Appeal)
Davy International Ltd & Ors V. Tazzyman & Ors
[1997] 1 WLR 1256
Employment
Nigel’s practice is predominantly in employment law acting for public and private clients in all areas of individual and collective employment law in the Employment Tribunal and higher courts. He has substantial experience in dealing with high value discrimination and whistleblowing claims and those that involve reputational risk particularly in the professional sectors. Recent private sector clients include Invesco, Nomura International plc, UniCredit Bank, Network Rail, Atos Origin, and he has also acted, in the public sphere, for many local authorities and NHS Trusts in both in individual and collective matters (e.g. Working time, Equal Pay and Single status, TUPE and changes to terms and conditions).
Examples of recent cases in this area include:
Lombardo v Nomura International plc 2016
Unfair dismissal claim of a senior banker dismissed on grounds of gross misconduct involving the obligations of “registered persons” under the Financial Conduct Authority (FCA) regulatory regime subject to considerable press overage.
Obiamiwe v Atos Origin IT Services (UK) Ltd
Acted for the Respondent in a complex race discrimination claim brought by a former employed doctor involving multiple allegations of less favourable treatment over an extended period.
De Souza v Bolt Equity Ltd and others
Acting for the former Managing Director of the Respondent pharmaceutical company in a complex race, religion and age discrimination and unfair dismissal claim
Bellini v London Borough of Hillingdon
Acting for the Respondent Council in 2016 in a disability discrimination claim brought by a long serving former employee seeking reinstatement.
Re Unite and Coveris Flexibles UK Ltd (formerly Paragon Labels Limited)
An application for Trade Union Recognition brought in the Central Arbitration Committee under Schedule A1 of the Trade Union and Labour Relations Act 1992 at https://www.gov.uk/government/publications/cac-outcome-unite-the-union-and-coveris-flexibles-uk-ltd-formerly-paragon-labels-ltd
Abercrombie & Ors v AGA Rangemaster Ltd
[2013] EWCA Civ 1148 [2013] IRLR 953 (Court of Apeal).
Abercrombie and others v AGA Rangemaster Ltd
[2013] ICR 213 (EAT)
Acting for the Respondent in first case on Guarantee payments to be considered by the Court of Appeal and the Employment Appeal Tribunal.
Devins v Nomura International plc
Acting for the Respondent, Nomura International in a high value disability discrimination claim heard where whole career loss to the retiring age was sought.
London Borough of Hillingdon v Meso
[2014] UKEAT 0450/13/1203
Acting for Respondent Council in an appeal against findings of discrimination.
Stevenson v Atos Origin IT Services UK Ltd
[2012] UKEAT 0213/11/0404
Acting for the Respondent in a discrimination appeal of a senior executive working outside the jurisdiction raising issues of ET jurisdiction, agency and aiding and abetting.
Recent Cases
Commodities Research Unit International v QSP Residual Recoveries
[2018] PNLR 3, [2017] EWCA Civ 1197, CA (Civ), August 1 2017
Professional negligence claim against a firm of solicitors regarding advice given on termination of employment of a CEO.
Lombardo v Nomura International plc 2016
Unfair dismissal claim of a senior banker dismissed on grounds of gross misconduct involving the obligations of “registered persons” under the Financial Conduct Authority (FCA) regulatory regime subject to considerable press overage.
CRUI and others v King & Wood Mallesons LLP 2016
Acted for defendant in a professional negligence claim arising out of employment advice in relation to termination of a senior employee’s contract of employment. An appeal is to be heard by the court of Appeal later in 2017.
CRUI and others v King & Wood Mallesons LLP
[2016] EWHC 63 (QB) – interim judgment on waiver of privilege;
CRUI and others v King & Wood Mallesons LLP
[2016] EWHC 727 (QB) – trial judgment
Obiamiwe v Atos Origin IT Services (UK) Ltd
Acted for the Respondent in a complex race discrimination claim brought by a former employed doctor involving multiple allegations of less favourable treatment over an extended period.
De Souza v Bolt Equity Ltd and others
Acting for the former Managing Director of the Respondent pharmaceutical company in a complex race, religion and age discrimination and unfair dismissal claim
Bellini v London Borough of Hillingdon
Acting for the Respondent Council in 2016 in a disability discrimination claim brought by a long serving former employee seeking reinstatement.
Chweidan v Mischon de Reya
[2014] EWHC 2685 (QB)
Acted for Mischon de Reya in High Court professional negligence claim arising out of an employment tribunal claim (and subsequent appeals) brought by the Claimant claiming disability and age discrimination and unfair dismissal. The Judgment provides guidance on assessing a loss of a chance.
Re Unite and Coveris Flexibles UK Ltd (formerly Paragon Labels Limited)
An application for Trade Union Recognition brought in the Central Arbitration Committee under Schedule A1 of the Trade Union and Labour Relations Act 1992 at https://www.gov.uk/government/publications/cac-outcome-unite-the-union-and-coveris-flexibles-uk-ltd-formerly-paragon-labels-ltd
Abercrombie & Ors v AGA Rangemaster Ltd
[2013] EWCA Civ 1148 [2013] IRLR 953 (Court of Appeal)
Abercrombie and others v AGA Rangemaster Ltd
[2013] ICR 213 (EAT)
Acting for the Respondent in first case on Guarantee payments to be considered by the Court of Appeal and the Employment Appeal Tribunal.
London Borough of Hillingdon v Meso
[2014] UKEAT 0450/13/1203
Acting for Respondent Council in an appeal against findings of discrimination.
Devins v Nomura International plc
Acting for the Respondent, Nomura International in a high value disability discrimination claim heard where whole career loss to the retiring age was sought.
Stevenson v Atos Origin IT Services UK Ltd
[2012] UKEAT 0213/11/0404
Acting for the Respondent in a discrimination appeal of a senior executive working outside the jurisdiction raising issues of extra territorial application of discrimination law, aiding and abetting and agency.
Recommendations
“Nigel’s client service is always appreciated, as is his ability to give clear and pragmatic advice.” Chambers & Partners
“His level of immersion in the papers is fantastic, as is his cross-examination – he is a very, very safe pair of hands” Chambers & Partners
“Brilliantly responsive and has great judgement” Chambers & Partners
“He’s very experienced and highly knowledgeable” Chambers & Partners
News, Articles & Publications
Contributor of nine chapters to Tolley’s Employment Handbook
Formerly contributor to Butterworth’s Local Government Law (chapters on the Monitoring Officer and Head of the Paid Service, Criminal Liability of Local Authorities and Members and Provision of Leisure Services by Local Authorities
Various articles in the Cambridge Law Journal.
Education
University of Cambridge MA in Law (Cantab)
University of Cambridge LLM in Law (Cantab)
Other
Nigel was a law lecturer and Director of Studies in Law at Churchill College, University of Cambridge for five years before joining 11KBW in 1994.
