Employment: Gilham v Ministry of Justice [2019] UKSC 44, [2019] 1 WLR 5905
This appeal considered the status of judicial office holders in the context of statutory protection bestowed upon whistle-blowers.
24th November 2019 Read more020 7797 8300
Dominic’s commercial practice includes all contractually based claims, guarantees, supply of goods and services, finance and credit transactions, company and partnership disputes.
He also represents companies at public inquiries, including where the good repute of directors or managers is called into question, prohibition notices have been issued, and there are allegations that undertakings, conditions, or prohibitions have been breached.
Dominic has a particular interest in advising on commercial use of novel technologies, including small, unmanned aircraft, on which he wrote an article in January 2019: ‘Drones, Airprox, and the Regulatory Environment: Cause for Concern?’
Dominic’s commercial and residential property practice includes possession, disrepair and dilapidations, breach of covenant / forfeiture, and management and service disputes. He regularly represents private landlords, housing associations, and local authorities.
Dominic has written a leading article in the New Law Journal on the repeal of “no-fault” evictions: ‘Section 21 Sent Packing’. He has also assisted Simon Brilliant to update ‘Trespass to Land’ in volume 40(1) of Atkin’s Court Forms (Practice and Forms). Dominic is an Associate Member of the Property Bar Association.
Dominic’s personal injury practice is founded upon repeat instructions by professional clients acting for insurers, where there are often allegations of “fundamental dishonesty”, or that, upon a claim being struck out, the conduct of a claimant is alleged to be “likely to obstruct the just disposal of proceedings”, so as to depart from the general rule of qualified one-way costs shifting.
Fast track trials frequently include claims for credit hire, where there are disputes relating to rate, impecuniosity, mitigation of loss, enforceability, storage and recovery charges, and delivery and collection charges.
Dominic’s recent construction-related articles include:
He has recently written a case summary about Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27, which is one of the most significant construction insolvency cases. Dominic is a member of the Technology and Construction Bar Association.
In November 2019, Dominic presented a seminar with Dr Natalia Perova to selected professional clients, entitled: ‘Jurisdiction and Choice of Law Clauses in International Commercial Contracts’. His topics included three Regulations of the European Union (Rome I, Rome II, and Recast Brussels), the Agreement on the Withdrawal of the United Kingdom from the European Union, and what can be expected after Brexit.
In September, Dominic published an article in Counsel Magazine, entitled: ‘The CICC and the rule of law: Fair, transparent and convenient? What you need to know about China’s new International Commercial Court’. He has a particular interest in the regulation of novel technologies, including small, unmanned aircraft, on which he wrote an article in January 2019: ‘Drones, Airprox, and the Regulatory Environment: Cause for Concern?’ Dominic is a member of the British Institute of International and Comparative Law.
He accepts instructions in (international) commercial litigation, international arbitration and mediation, cross-border insolvency, conflict of laws and questions of jurisdiction, public and private international law.
Dominic is registered with the Civil Mediation Council as a Civil and Commercial Mediator, abides by the European Code of Conduct for Mediators, and offers access to a complaints process. He also acts as Counsel in mediations. His place is confirmed at the Civil Mediation Council's Annual Conference.
Mediation is a confidential process. It gives people control over the agreement.
A mediator might provide participants with information about what the law says in a particular circumstance, but they do so from a neutral perspective, with no interest in the agreement. An agreement cannot be imposed by a mediator.
Within mediation, offers can be made without influencing what happens if the dispute goes to court. This enables people to try to reach an agreement without compromising their position.
If an agreement is reached, reduced to writing, and signed, it is binding like any other contract. If court proceedings have already commenced, an order of the court which reflects the agreement can be made by further agreement.
For more information, see the following pages on the website of the Civil Mediation Council:
The European Code of Conduct for Mediators (“the code of conduct”) sets out a number of principles to which Dominic has voluntarily decided to commit himself, under his own responsibility. It is applicable in all kinds of mediation in civil and commercial matters.
For the purposes of the code of conduct, mediation means any structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a third person – hereinafter “the mediator”.
Adherence to the code of conduct is without prejudice to national legislation, or rules regulating individual professions.
1. COMPETENCE, APPOINTMENT AND FEES OF MEDIATORS AND PROMOTION OF THEIR SERVICES
1.1. Competence
Mediators must be competent and knowledgeable in the process of mediation. Relevant factors include proper training and continuous updating of their education and practice in mediation skills, having regard to any relevant standards or accreditation schemes.
1.2. Appointment
Mediators must confer with the parties regarding suitable dates on which the mediation may take place. Mediators must verify that they have the appropriate background and competence to conduct mediation in a given case before accepting the appointment. Upon request, they must disclose information concerning their background and experience to the parties.
1.3. Fees
Where not already provided, mediators must always supply the parties with complete information as to the mode of remuneration which they intend to apply. They must not agree to act in a mediation before the principles of their remuneration have been accepted by all parties concerned.
1.4. Promotion of mediators’ services
Mediators may promote their practice provided that they do so in a professional, truthful and dignified way.
2. INDEPENDENCE AND IMPARTIALITY
2.1. Independence
If there are any circumstances that may, or may be seen to, affect a mediator’s independence or give rise to a conflict of interests, the mediator must disclose those circumstances to the parties before acting or continuing to act.
Such circumstances include:
In such cases the mediator may only agree to act or continue to act if he is certain of being able to carry out the mediation in full independence in order to ensure complete impartiality and the parties explicitly consent.
The duty to disclose is a continuing obligation throughout the process of mediation.
2.2. Impartiality
Mediators must at all times act, and endeavour to be seen to act, with impartiality towards the parties and be committed to serve all parties equally with respect to the process of mediation.
3. THE MEDIATION AGREEMENT, PROCESS AND SETTLEMENT
3.1. Procedure
The mediator must ensure that the parties to the mediation understand the characteristics of the mediation process and the role of the mediator and the parties in it.
The mediator must in particular ensure that prior to commencement of the mediation the parties have understood and expressly agreed the terms and conditions of the mediation agreement including any applicable provisions relating to obligations of confidentiality on the mediator and on the parties.
The mediation agreement may, upon request of the parties, be drawn up in writing.
The mediator must conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, including possible imbalances of power and any wishes the parties may express, the rule of law and the need for a prompt settlement of the dispute. The parties may agree with the mediator on the manner in which the mediation is to be conducted, by reference to a set of rules or otherwise.
The mediator may hear the parties separately, if he deems it useful.
3.2. Fairness of the process
The mediator must ensure that all parties have adequate opportunities to be involved in the process.
The mediator must inform the parties, and may terminate the mediation, if:
3.3. The end of the process
The mediator must take all appropriate measures to ensure that any agreement is reached by all parties through knowing and informed consent, and that all parties understand the terms of the agreement.
The parties may withdraw from the mediation at any time without giving any justification.
The mediator must, upon request of the parties and within the limits of his competence, inform the parties as to how they may formalise the agreement and the possibilities for making the agreement enforceable.
4. CONFIDENTIALITY
The mediator must keep confidential all information arising out of or in connection with the mediation, including the fact that the mediation is to take place or has taken place, unless compelled by law or grounds of public policy to disclose it. Any information disclosed in confidence to mediators by one of the parties must not be disclosed to the other parties without permission, unless compelled by law.
The European Code of Conduct for Mediators is available in full by clicking here.
All complaints will be acknowledged in writing within five working days of receipt.
All complaints will be investigated and responded to within 21 working days of receipt.
On occasions, further time may be required, in which case the complainant will be notified in writing.
If the response is not accepted, the complainant can appeal to the Civil Mediation Council on certain grounds.
Details of the Civil Mediation Council’s appeal processes can be found by clicking here.
Dominic has a broad commercial, property and personal injury practice. He is registered with the Civil Mediation Council as a Civil and Commercial Mediator. Dominic has also written articles, and attended seminars on construction and international law: areas in which he would like to gain practical experience.
His forthcoming book, ‘A Practical Guide to the Small Claims Track’ is set for publication with Law Brief Publishing in November 2019. HHJ Karen Walden-Smith (Senior Circuit Judge and Designated Civil Judge for the County Court in East Anglia) wrote a foreword in these terms:
“… In this comprehensive guide to the small claims track, Dominic Bright has set out all that a practitioner could possibly need to know about how to deal with a small claim, from allocation to judgment and through to any potential appeal. … Dominic Bright has included guidance on a wide range of matters, such as ethics and ways to behave when in court, which will be of assistance to any junior practitioner appearing in a civil case at an early stage of their career. … It will therefore be of benefit to the District Judges and their deputies who hear small claims. …”
Dominic can be instructed directly, without having to involve a solicitor. He is registered on the Direct Access Portal. Dominic is also a member of Advocate (the Bar’s national charity), matching him with members of the public who need help, are unable to obtain legal aid, and cannot afford to pay.
Prior to pupillage, Dominic was judicial assistant in the Court of Appeal to Sir Brian Leveson, the former President of the Queen’s Bench Division. He was also researcher in construction law at a leading set of barristers’ chambers, public international law at the British Institute of International and Comparative Law, and national implementation measures (nuclear disarmament, non-proliferation, development and use of chemical weaponry) at the Verification Research, Training and Information Centre.
Dominic is an Associate of King’s College London.
For daily case digests, follow Dominic on LinkedIn, and Twitter.
Dominic accepts invitations to present seminars and other training from professional clients, including City law firms, registered providers of social housing, and local authorities.
This appeal considered the status of judicial office holders in the context of statutory protection bestowed upon whistle-blowers.
24th November 2019 Read moreThe highest courts in England and Wales, and in Scotland, considered prorogation in principle, and the decision to prorogue on 9 September 2019 in practice, before coming to a different, reasoned judgment and opinion, respectively.
24th September 2019 Read moreTo adopt the description of my learned colleague in Chambers: “This is absolutely massive. Was justiciable and was unlawful. Prorogation was void and of no effect.”
24th September 2019 Read moreHow much of the written material placed before the court in a civil action should be accessible to people who are not parties to the proceedings?
22nd August 2019 Read moreWhen part of a post-employment covenant is in unreasonable restraint of trade, in what circumstances should the court sever, and remove it, so as to leave the employee bound by the remainder of it?
24th July 2019 Read moreWhen is it appropriate to allow a potential defendant to take advantage of a mistake on the part of a would-be claimant giving rise to defective service, where any new claim would be statute-barred?
21st June 2019 Read moreThis short article offers a modest view as to whether the Technology and Construction Court (“TCC”) will remain a global hub of legal expertise in the medium-term.
11th June 2019 Read moreThis is a landmark case on the control of noise at work in music and entertainment. The Association of British Orchestras, Society of London Theatre, and UK Theatre Association expressed concern about the wider ramifications of this appeal for ‘all music making in the UK – concerts, theatres, schools, the lot’.
23rd April 2019 Read moreThis is a leading authority on the requirements for an extended civil restraint order.
27th March 2019 Read moreThis is an important commercial property case, holding that, a notice under section 146(1) of the Law of Property Act 1925 (“a notice”) can not be given until the landlord’s right of re-entry has accrued under the provisions of a lease.
26th February 2019 Read moreDominic Bright examines one of the most significant construction insolvency cases.
30th January 2019 Read moreAfter Britain’s busiest airport grounded flights for almost an hour in response to a suspected drone sighting (“the Heathrow shutdown”), it was fairly reported that: ‘The latest incident will raise further concerns about why detection and blocking devices...
28th January 2019 Read moreWith the recent drone related incident at Gatwick Airport, Dominic Bright examines the current regulatory environment surrounding drones.
23rd January 2019 Read moreConstruction is a vital part of the UK economy.
17th December 2018 Read moredominicbright@lambchambers.co.uk
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