Gavin Mansfield KC

Notable recent cases have included complex team move cases in the insurance, wealth management, IT and private equity sectors. His expertise in restrictive covenant, fiduciary duty and confidentiality cases has seen him instructed by clients across a wide range of business sectors including ship broking, e-commerce, sport, recruitment consultancy, digital marketing and engineering.

Examples of Gavin’s cases include:

• Travel Counsellors Ltd. v Trailfinders Ltd. [2021] EWCA Civ 38 (equitable duty of confidence)
• Alesco Risk Management Services Ltd v Bishopsgate Insurance Brokers Ltd. [2019] EWHC 2839, QB (unlawful means conspiracy) 
• Forse v Secarma Ltd. [2019] IRLR 587, Court of Appeal (springboard injunction)
• Argus Media Ltd. V Halim [2019] IRLR 442, QB (non-compete covenant)
• Bluefin v Bruce and Global Risk Partners (2016) (springboard injunction)
• Willis Ltd. v JLT Group plc [2015] EWCA Civ 450 Court of Appeal, [2016] EWHC 723 QB (team move springboard injunction and damages claim)
• UK Power Reserve Ltd. v Read [2014] EWHC 66, Ch (freezing order and non-compete injunction)
• Churchill Retirement Living v Luard [2012] ALLER (D) 92, Ch (confidential information)
• Caterpillar Logistics Services UK Ltd v Huesca de Crean [2012] IRLR 410, Court of Appeal, (confidential information/chinese wall injunction)
• Standard Life Health Care Ltd. v Gorman [2010] IRLR 233, Court of Appeal, garden leave injunction
• UBS Wealth Management v Scott, Vestra Wealth LLP and others [2008] IRLR 965 springboard injunction obtained in large scale team move of stockbrokers

Gavin’s long experience of whistleblowing and discrimination claims in the employment tribunal has seen him advising and representing clients at the cutting edge of discrimination law. His extensive experience of High Court litigation sees him well suited to contractual employment issues, and cases with an overlap between the statutory employment law, and contractual/ tortious issues.

Examples of Gavin’s recent cases include:

• Sir Philip Rutnam v Home Office (unfair dismissal, whistleblowing)
• Christie v Canaccord Genuity Ltd. [2020] EWHC 149, QB discretionary bonuses
• Smith v Gartner UK Ltd. (2016, EAT) construction of employer PHI obligations
• Adebowale v Isban UK Ltd. (2015, EAT) race discrimination
• Arriva London South Ltd. v Graves (2015, EAT) dismissal for trade union activities
• Wraith v Driving Standards Agency (2015, EAT), disability discrimination
• Saad v University Hospital Southampton NHS Trust (2014, EAT) definition of disability
• Patel v De Vere Group Ltd. (2013) Manchester Mercantile Court (incorporation of enhanced redundancy terms)
• Spaceright Europe v Baillavoine [2012] IRLR 111, Court of Appeal (TUPE and insolvency)
• May & Baker Ltd. v Okerago [2010] IRLR 394, EAT (agency and vicarious liability)
• MacCullough v ICI [2008] IRLR 846 EAT (age discrimination challenge to ICI’s contractual redundancy scheme)

Gavin undertakes a broad range of commercial litigation, and has particular experience in partnership disputes, director’s duties and confidentiality disputes arising out of business sales and joint ventures.

Recent examples include:

• Palmeri v Charles Stanley  & Co Ltd [2020] EWHC 2934 (QB) (breach of contract, FCA compliance)
• Trailfinders Ltd. v Travel Counsellors Ltd. [2021] EWCA Civ 38 (equitable duty of confidence)
• MacInnes v Gross [2017] 4 WLR 49 – oral contract – sports data business
• A vendors warranty claim arising out of share sale of a payment software business
• A dispute over confidential information between the founders of a challenger bank
• Advice relating to wrongful termination of an international distribution agreement in the engineering sector

Gavin’s work ranges across a wide range of sports including football, motor sport and horse racing. He has acted for clubs and individuals in relation to manager terminations, directors’ disputes, misuse of confidential information, and club sales.

Gavin acts frequently for hedge funds, private equity firm and professional services firms (particularly in accountancy and law) in relation to disputes within their firms, in the High Court and in arbitrations. He has advised and represented partnerships and LLPs in relation to claims concerning contractual disputes over partnership deeds, restraint of trade, partnership status, expulsions of partners, and discrimination. He is listed as a leading silk in the field of partnership law by both Chambers & Partners and Legal 500. 

• General Editor of “Blackstone’s Employment Law Practice” 2019 (OUP)
• Contributor to “Brearley and Bloch: Employment Covenants and Confidential Information” (Bloomsbury 4ed 2018)
• Contributor to “Rogers & Oudkerk: International Employment Disputes” (Sweet & Maxwell 2019)

Gavin lectures and leads seminars widely on employment law topics, both on public courses and in-house for solicitors. Gavin is an advocacy trainer for Middle Temple.

Gavin is committed to Pro Bono work, he is a case reviewer for, and undertakes cases through Advocate, and undertakes pro bono work through the ELAAS scheme at the Employment Appeal Tribunal.

Gavin is the Bar Council’s nominated trustee of the Access to Justice Foundation. He was shortlisted for Pro Bono KC of the year at the Advocate Bar Pro Bono Awards in 2021.

Memberships

• Employment Law Bar Association (Former Chair 2015-2017)
• Employment Lawyers Association
• Industrial Law Society
• COMBAR
• London Common Law & Commercial Bar Association
• Master of the Bench, The Honourable Society of the Middle Temple

Education

• Called 1992 (Middle Temple)
• Jesus College, University of Cambridge MA (law), Foundation Scholar
• Nottingham High School