Jeffrey Bacon

Call date: 1989
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Areas of Practice

Profile

Jeffrey’s practice centres upon disputes between and involving directors, shareholders, joint venturers, franchisees and employees, disputes and regulatory issues involving professionals and other regulated persons (professional negligence, internal disciplinary proceedings, external regulatory matters) as well as company commercial disputes and partnership and LLP disputes (partnership law and disputes between partners). He also has substantial experience in other aspects of workplace disputes, in particular stress at work, bullying and discrimination.  Clients are extremely comfortable with his style and approach and solicitors regularly comment on the strength of the rapport which he achieves with clients.  He is a tough advocate who is at home in all forums from high intensity commercial and restraint of trade injunctions, the gamut of professional negligence fields and the sensitivities of cases involving discrimination, stress and bullying.

His main practise areas are commercial employment disputes (restraint of trade, director/shareholder disputes, TUPE,) commercial disputes affecting companies (company and insolvency, commercial fraud, contract), professional negligence and regulatory (all aspects of professional negligence, and regulatory work affecting solcitors, accountants, surveyors, NHS, education and financial services) and partnership.  Jeffrey regularly advises and acts on team moves, confidential information injunctions and injunctions in the fields of partnership and professional disciplinary and regulatory work.  His experience in interim relief litigation also embraces commercial cases (freezing and search orders, and interim relief related to winding up and insolvency cases).   Jeffrey also advises on sports law and sports related issues (clients including the Football Association, boxing, Derby County FC, Portsmouth FC, Welsh Rugby Union, Force India Formula 1 and UK Sport in relation to the coaches and athletes agreements for the Beijing and London 2012 Olympics.  He has appeared in a 5 day doping trial at Sports Resolutions for the shot putter Mark Edwards.

Company Commercial

Jeffrey is regularly asked to advise and appear in litigation relating to commercial contracts (sale and carriage of goods, franchising), disputes between companies and their shareholders and directors, joint venturers and other commercial and insolvency related disputes.   He has had many appearances in the Companies Court and High Court.  He has acted for the Secretary of State and private individuals in Directors Disqualification cases and in wrongful and fraudulent trading cases for insolvency practitioners and directors. In the last 2-3 years, in addition to High Court employment disputes, the emphasis has been on more commercial work with cases involving successful injunctions against insolvency practitioners, s.994 unfair prejudice cases, wrongful trading, accountants negligence and partnership litigation.  Recent cases include successful Companies Court injunction (under Schedule B1 of the Insolvency Act) to prevent an administrator selling the lease of a night club based on collusion with shareholders, several team move cases starting with successful applications for search and/or freezing orders (including the reported cases of Kynixa –v- Hynes (2011), Customer Systems –v- Ranson (2012) and  JM Scully Ltd –v Minett ,  successful s.994/just and equitable winding up claim against a well renowned fashion photographer, ongoing cases of wrongful trading/misfeasance.

Employment

Jeffrey has extensive experience in employment cases.  He has enormous experience of injunctions and other interim remedies and his practice has a regular stream of disputes related to restraint of trade and search and seizure/freezing order relief.  He has acted in all sectors in a series of individual and team move cases.  Some notable reported cases include Kynixa -v- Hynes, (leading case on implied duty of fidelity and fiduciary duties), First Global Locums -v- Cosias (first case of injunction on behalf of Company and all of its employees under Prevention from Harassment Act), Brake Brothers -v- 3663 Food for Foodservice (enforced non compete injunction based on confidential information against junior sales employees), Customer Systems –v- Ranson (leading Court of Appeal authority on fiduciary duties) He continues to advise and act in high profile employment disputes, including acting for the FA in Faria Alam-v- FA, Abbey National -v- Woodward (leading case on post termination detriment in whistleblowing C/A) the police in Carter –v- Chief Constable of Leics and for the successful claimant (David Haye’s best friend)  in Naqvi –v- HBOS, and the owners of Aardman Productions (Wallace & Gromit) in a race victimisation claim

He is regularly engaged in TUPE disputes, recently acting for the dismissed employees in Watts –v- Crystal Palace FC,  the Chinese state owner of the buyer of LDV Vans, acting for Austrian packaging company in Mayer Meinhof –v- Unite the Union (TUPE issues following closure of one factory)

Partnership, LLPs & Joint Ventures

Jeffrey’s advises regularly in relation to partnership disputes and disputes between joint venturers and LLP’s, and cases in the last 2 years has seen this area of Jeffrey’s practice grow significantly He has recently had cases testing the boundaries on the status of and duties owed between “members” of an LLP and has had several cases in which interim relief has been used in cases of threatened expulsion, forced retirement or sale. Recent cases include advising all of the partners save for the “Senior Partner” of a large London Personal Injury firm regarding Senior Partner’s attempts to sell the business and as to interim relief aimed at preventing sale;  advising and assisting Stewarts Law in its recruitment of teams from other firms and drafting sections of the LLP Deed; advising large regional firm on internal partnership issue, acting as appeal officer on internal partnership dispute in which sex discrimination claimed for failing to make a woman a partner.

Regulatory, Disciplinary and Sports Law

Jeffrey has been instructed in relation to a number of regulatory and disciplinary matters across various disciplines.    He advised the Governors of Imperial College on an internal matter of sensitivity, advised public schools as to the ability to track drugs in schools, acted as Chair of internal disciplinary matter at a London law firm, and has advised professionals and financiers in relation to regulatory issues at the GMC, the SRA, and the FCA. He has recently been advising Lawyers Inc in achieving Alternative Business Structure status with the SRA for their model aimed at rescuing solicitors firms affected by the new COLP/COFA rules and remains engaged in a long running medical disciplinary case (in which he acts for a senior gynaecologist at the internal disciplinary hearing, before the GMC and a High Court action to continue the doctors suspension Jeffrey has a very wide knowledge of sports law and sporting issues (as well as being a keen player of a number of sports).  He has advised on a variety of sports related disputes, including some of the major sporting bodies and teams and in relation to high profile disputes, boxing fight and promoter disputes and in a 7 day doping case under WADA at Sports Resolutions.  Cases of significance include advising UK Sport on the agreements for coaches and Elite Athletes prior to Beijing and London Olympics, acting for Derby County FC  on the departure of John Gregory, advising Force India Formula 1 team seeking injunction preventing defection of driver, acting for the FA in Faria Alam –v- Football Association, advising the Welsh Rugby Board on departure of manager.