John Livesey
Degree: LL.B (Bristol)
Year of call and Inn: 1990; Lincoln’s Inn
Appointments: Part-Time Employment Judge (2003)
Professional Membership: Western Circuit, PIBA, ELA
Practice:
Employment:
John Livesey has a busy employment law practice and heads the expanding Employment Team. He frequently appears in the Employment Tribunal and EAT, and sits as a Part-Time Employment Judge in the Southampton Region (Southampton, Reading and Brighton).
He has an extensive practice representing local authorities, NHS Trusts and private sector respondents, particularly in the fields of education, social services, care and in fire and police cases. He also undertakes a wide variety of claimant work including complicated DDA litigation, TUPE issues and whistle blowing. He gives pragmatic and realistic advice from the position of having a thorough knowledge of the operation of the tribunal. He has been instructed in a number of restrictive covenant claims in the county court and has represents employees at internal disciplinary and appeal hearings.
Recent cases have included:
- Appearing in a multi-party Union claim for compensation under regulation 15 TUPE (failure to inform and consult);
- Appearing in a race discrimination and constructive dismissal claim brought by a solicitor claiming that a glass ceiling existed in relation to appointment to equity partnership;
- Advising a Fire Service in relation to a new shift pattern and potential conflicts with the working Time Regulations
- Advising both an agency supplier of teachers in the public sector and a private school in relation to two separate restraint of trade claims;
- Appearing in a multi-party agency workers case (for the Claimant) against a national power supplier and a well known agency;
- Appearing in a multiple-claimant wages and contract case involving numerous historic local pay and grading agreements; Appearing in a two-day PHR to determine employment status (an agency worker case) and on appeal;
- Appearing in several recent PIDA claims for claimants and respondents; most recently lasting 2 weeks;
- Advising a private respondent company in respect of the possible waiver of legal professional privilege in the context of tribunal litigation;
- Advising a well known sporting trust and a premiership rugby club respectively in respect of a personnel issue and a contract claim involving the enforceability of a liquidated damages clause;
- Appearing in a DDA/constructive dismissal claim relating to stress and excessive workload and subsequently advising in and conducting the personal injury litigation that followed;
- Advising a local authority in respect of a TUPE transfer and how its employees, who stood to lose tied accommodation, might be affected and/or compensated in kind;
- Advising several firms of solicitors in relation to restructuring and redundancy exercises;
- Involvement in several claims concerning the employment status of certain local authority office holders (parish council clerks and registrars);
- Representing a Headteacher at an internal disciplinary appeal hearing before governors.
- Representing a transfer in a claim brought by a union in respect of 94 members in relation to the regulation 13 duty to provide transfer information under TUPE.
Reported cases include:
- Komeng v Sandwell MBC UKEAT/0847/10 (race discrimination in respect of the provision of training and adequacy of reason)
- Gaston v Birmingham City Council [2004] EWCA Civ 693, CA (applicability of TUPE to employees released on union duties);
- Hallam v Cheltenham Borough Council [2001] IRLR 312, HL (aiding and abetting discrimination (first instance));
- Swift v Chief Constable of Wiltshire Constabulary [2004] IRLR 540, EAT (meaning of recurring disability under DDA);
- Foster v Somerset Council [2004] EWCA Civ 222, CA (contributory fault in unfair dismissal);
- Gannaway v Somerset County Council UKEAT/0215/06/SM (disability and adequacy of reasons);
- Khudados v Hayden and Others [2007] EWCA Civ 4665 (adequacy of reasons for adjournments);
- Ghera v Birmingham City Council UKEAT/0195/07 (procedural irregularities in tribunal);
- Waller v Bromsgrove DC UKEATPA/0019/07 (time limits in the EAT);
- Thomas-James v Cornwall CC ET 17010121 and others (a widely reported TUPE service provision change decision).
Personal Injury:
John acts for claimants and defendants in the County Court, High Court and the CICA.
He has particular experience in work place claims and spinal injuries. He has recent experience of a CICA claim valued at £3.1m and is currently instructed in a personal injuries claim worth in excess of £5m, but he also undertakes Fast Track trials.
Recent cases have included:
- Representation of a Claimant at settlement negotiations in respect of a workplace stress claim following successful Tribunal proceedings.
- Advising in respect of a seriously injured child whose mother is her carer on the impact and potential avoidance of Housecroft arguments;
- Advising on (and drafting) the schedule of special damages in a high value professional negligence claim relating to a failed personal injury claim for a claimant who is grossly disabled due to chronic regional pain syndrome;
- The representation of a claimant at a preliminary hearing to determine issues of date of knowledge and extensions of time under ss. 14 & 33 of the Limitation Act;
- A costs hearing and appeal concerning an explosion on a forecourt and whether it constituted a road traffic accident under CPR Pt. 45;
- The representation of a claimant at a trial on causation in respect of chronic pain syndrome
Reported cases include:
- BvB [2005] EWCA Civ 237
- Collier v Williams and Others [2006] EWCA Civ 20 (CPR pt.6 and 7.6; service of claim forms)
Inquests:
John’s background in personal injury and tribunal work means that his practice is ideally suited to Coroner’s Court work. He has undertaken inquests covering such areas as industrial and road traffic accidents and cases involving allegations against the prison service and social services.
Further Areas of Practice:
In addition to John Livesey’s main areas of practice he also undertakes the following work:
- General common law
- Trading Standards
- Health and safety at work
- Regulatory crime (including animal welfare)
Public Access:
Jason Taylor is licensed to accept work under the Public Access rules. Click here for further details about the Public Access scheme.
Publications:
- Editor of Halsbury’s Laws – volume 5(2) covering the employment of children – Butterworths
Recommendations:
Employment:
“Heavy hitter”
“practical and smart employment specialist”
getting to grips with cases quickly”
“good on his feet”
Chambers and Partners 2012
- “an exceptional employer-oriented practitioner, who has the ability to quickly asses the strengths and weaknesses of a claim”
Legal 500 2011
- “highly regarded on the Western Circuit. Clients appreciate him not only for his evident legal skills, but also for his “sensible approach to negotiations and personable manner.” He excels in both claimant and respondent work and sits as a part-time judge”
Chambers and Partners 2011
- “highly recommended as an effective, broad based, expert in employment matters”
Legal 500 2010
- “Highly regarded within the M5 corridor”
“Enviable depth of knowledge”
Chambers and Partners 2010
- Clients have nothing but praise for the “intelligence, thoroughness and likeability” of John Livesey, whose “astuteness and approachability” are further acknowledged by Peers.
Chambers and Partners 2009
- Recommended in Legal Experts 2010
- “Solid, approachable and dependable”
“Extremely capable, thorough and presenting nicely”
Chambers and Partners
- “A key player”
“Offers high service levels”
Legal 500
Personal injury:
- “Recommended”
Chambers and Partners 2012
- “top-drawer”
Chambers and Partners 2011
Albion Chambers, Broad Street, Bristol BS1 1DR
T: 0117 927 2144
F: 0117 926 2569
john.livesey@albionchambers.co.uk
Clerk: Michael Harding
T 0117 311 0302
Back | Print this page | Top