Richard Davison

Barrister Profile

Richard is an experienced practitioner whose practice is divided unequally between employment and personal injury work. His employment work covers the range of cases normally heard in Employment Tribunals and in the High Court. Recent cases have included disputes relating to part-time and agency workers, whistleblowing, discrimination, TUPE, costs and industrial levies. He is also on the Treasury Solicitor’s panel of special advocates with particular reference to employment cases. In personal injury litigation, he has developed a special interest in claims which have a ‘cross-over’ with employment disputes, including harassment and assaults (including sexual assaults) by third parties, claims involving protected parties and claims under the Human Rights Act. He also has experience of clinical negligence disputes – particularly with reference to obstetric injuries and cosmetic surgery.

Appointments

Fee Paid Employment Judge (1999) 
Recorder (2005)
Attorney General's Panel of Special Advocates (2009)

Qualifications

Corpus Christi College, Oxford, 1978-1981

Professional Membership

Employment Law Bar Association
Personal Injury Bar Association
Professional Negligence Bar Association

Interesting Cases

WRONGFUL DISMISSAL AND INJUNCTIONS 
Kernohan v Attorney General of the Cayman Islands (2011) – acted for former chief police officer of the Cayman Islands in claim for wrongful dismissal.
Asendei v Suffolk Health Partnership Mental Health Trust (2011) – acted for health professional in injunctive proceedings to restrain health trust from proceeding with disciplinary hearing.
Parish v NICE (2011) – acted for CEO in claim in respect of pension rights.
Crampton v Mersey Docks & Harbour Company (2009) – acted for CEO in unfair and wrongful dismissal claim.
Keeley v Fosroc International [2006] IRLR 961 (CA) – acted for employer in claim for enhanced redundancy payment where issue was contractual status of employee handbook. 

UNFAIR DISMISSAL AND WHISTLEBLOWING 
Graham v London Borough of Brent (2010) – acted for local authority in whistleblowing claim brought by former employee.
Dickinson v Kohler Mira Ltd (2010) – acted for area manager of multinational company in whistleblowing dispute.
Fitzgerald v University of Kent [2004] IRLR 550 (CA) – meaning of effective date of termination in unfair dismissal. 

DISCRIMINATION 
Bharania v London Borough of Brent (2010) – acted for local authority in discrimination (race, religion and belief) case.
Bessant v Guys and St Thomas Hospital NHS Trust (2011) – acted for consultant physician in claim brought under the Part Time Workers Regulations. 

TUPE 
Nutbeen v Halliwells (2011) – acted for solicitor in claim for unfair dismissal and failure to consult under TUPE.
Appleton v G4S Aviation (2010) – acted for transferor in multiple claim for failure to consult under TUPE. 

COSTS
Armstrong v Governors of St Bede’s Inter-Church School (2011) – costs in Tribunal.
Health Development Agency v Parish [2004] IRLR 550 (EAT) – threshold requirements for an award of costs in the Employment Tribunal. 

CATASTROPHIC INJURIES 
Aubrecht v Angel (2011) – acted for claimant in catastrophic injuries claim in the Cayman Islands.
Ezugwu v Platt (2008) – acted for claimant in catastrophic injuries claim in the High Court (concluded by way of periodical payments indexed to ASHEn rather than RPI). 

HARASSMENT 
Banks v Ablex Ltd [2005] IRLR 357 (CA) – threshold requirements for claim under the Protection from Harassment Act 1997. 

FATAL ACCIDENTS / HUMAN RIGHTS ACT CLAIMS 
Wootton v Johnson (2006) – claim by unmarried partner for bereavement award under the Human Rights Act 

DISEASE CLAIMS 
Fashade v v North Middlesex Hospital NHS Trust [2000] 4 QR 13 – occupational asthma in theatre nurse caused by exposure to glutaraldehyde. 

Ogden v Airedale Health Authority [1996] 7 Med LR 153 (HC) – occupational asthma in healthcare worker caused by exposure to glutaraldehyde. 

LIMITATION
Appleby v Walsall Health Authority [1999] Lloyd’s Med LR 154 (HC) – date of knowledge in birth injury case. 

Other reported cases:- 
Tassaruf Mevduati Sigorta Fonu v Wisteria Bay Ltd & Others [2008] CILR (Grand Court) – commercial fraud, striking out for non-compliance with orders for disclosure, recognition of title acquired under foreign law. 
Tassaruf Mevduati Sigorta Fonu v Wisteria Bay Ltd & Ors [2006] CILR (CICA) – agency of foreign government, whether entitled to assert state immunity in the Cayman Islands. 
Raja v Van Hoogstraten [2004] 4 All ER 793 (CA) – striking out of proceedings for disobedience to court orders.
Eller v Grovecrest Investments Ltd [1995] QB 272 (CA) – equitable set-off.