Thomas More Chambers

Experience:

Civil law with a particular emphasis on employment law and related areas.

Manus is an experienced practitioner providing practical and effective advice to a broad spectrum of clients - ranging from employees and individuals through to small and medium sized business as well as FTSE listed companies, local authorities and NHS Trusts.

Employment:

Manus provides representation in all areas of employment law litigation. Areas of practice include:

• unfair and wrongful dismissal claims
• unlawful discrimination
• transfers of undertakings
• other employment related contractual disputes
• restrictive covenants
• unlawful use of confidential information

Significant cases include Legends Live Limited v Harrison [2017] IRLR 59 in which Manus successfully represented Equity by defending a High Court claim for an injunction to enforce a restrictive covenant against a Michael Jackson tribute act. The case was won by relying upon the claimant’s delay in bringing the claim for injunctive relief pursuant to the equitable doctrine of laches.

Recruitment/Employment Agencies

Manus provides advice and representation to employment agencies and employment businesses in relation to their regulatory requirements. In addition, Manus acts for and against such agencies in relation to contractual disputes with clients and other related litigation.

Manus is co-author (with Michael Smith of Thomas More Chambers) of Employment Agencies, Recruitment Agencies and Agency Workers – A Practical Guide to the Law (published December 2016, LexisNexis).

Regulatory and Disciplinary Hearings

Manus regularly represents registrants who are subject to conduct or other regulatory hearings in front of their professional bodies and upon appeal to the High Court. Professional bodies that Manus has provided representation in include the Solicitors Disciplinary Tribunal, the Nursing and Midwifery Council, the General Pharmaceutical Council and the Health and Care Professionals Council.

Manus successfully represented Midwife Okeke in the landmark case of Okeke v The UK Central Council for Nursing Midwifery and Health Visiting [2013] EWHC 714 (Admin) where it was established that it was virtually impossible, under the then existing Government Regulations, to strike off nurses and midwifes found guilty of incompetence. Manus also successfully argued that the time that it took for the NMC to conduct the regulatory proceedings against Midwife Okeke (4 years and 10 months) was a breach of her human rights under Article 6(1) ECHR. This case led to changes being made to the sanctions provisions contained in the Nursing and Midwifery Order 2001.

GDPR

Manus also advises employers and employees in relation to GDPR issues arising in the field of employment.

Commercial/contractual:

Representation in respect of all forms of contractual and commercial disputes, with particular emphasis on the law of agency and unfair terms in consumer contracts Manus is co-author of "Unfair Terms in Consumer Agreements – The New Rules Explained" (Wiley Publishing).

Manus regularly advises and represents businesses and individuals in financial services disputes both in litigation and through the Financial Ombudsman Service. He is co-author of EC Financial Services Regulation (Wiley Publishing).

Property:

Manus advises and represents both landlords and tenants in commercial property disputes, particularly in forfeiture/relief from forfeiture proceedings and contentious applications to renew and applications to terminate business tenancies under the provisions of the Landlord and Tenant Act 1954.

In Fast Drinks Limited v Cetyl International Group Inc [2017] L & TR 17, Manus successfully argued on appeal to the High Court that where the contractual term of a tenancy comes to an end pursuant to the exercise by the landlord of a break clause in a superior lease, the tenant’s request under section 26 of the Landlord and Tenant Act 1954 for a new tenancy commencing on a date before the tenancy would have expired by the effluxion of time is not invalid under the proviso to section 26(2) of the Act.

Tortious Claims:

Areas of practice include:

• Professional negligence
• Personal injury
• Trespass to the person

• Employment Lawyers' Association • Employment Law Bar Association • Professional Negligence Bar Association