Lucy Bone

Lucy has extensive expertise in a range of post-termination matters, including restrictive covenants, fiduciary duties and preparatory steps to compete. She has depth of experience across market sectors in particular traders and hedge funds, insurance brokers, account executive and the recruitment sector. Some recent examples:

• Represented eight defendants on a springboard injunction where a prior preservation of evidence order had been obtained without notice.
• Resisted an application against former employees and their new company to enforce restrictive covenants following a TUPE transfer.
• Acted for Insurance Brokers in obtaining urgent injunction including springboard relief following a team move and conspiracy involving 12 employees and a former director.
• Acted for former employee of PR and Communications firm in defending an injunction to enforce restrictive covenants. The case raised issues as to the basis for and appropriate scope of springboard relief, and the interplay between the necessary pre-action steps and delay.
• Acted for the Claimant media company in the first known contested injunction controlling the Defendants’ use of Linked-In groups and connections. Successfully obtained relief including forcing the Defendants to give up password access to the account.
• Instructed to advise and assist a solicitors firm with 100 clients implicated in the Panama Papers scandal, including a prominent foreign statesman. Advised on injunction against publication and related privacy/confidentiality issues.
• Instructed by international accountancy firm to obtain General Civil Restraint Order against vexatious litigant on interim basis, to cover all potential Defendants in the civil courts and employment tribunals. This is the widest form of civil restraint and is rarely ordered.

Lucy undertakes general commercial work with an emphasis on business protection and unlawful competition, directors’ duties and fiduciary duties. Many of her cases are resolved before proceedings are issued and/or are commercially sensitive. Recent cases include:

• Acted (with Gavin Mansfield KC) for a housebuilding firm following a team move. Allegations included conspiracy, misuse of confidential information and unlawful preparatory steps to compete. Obtained injunctive relief, drafted pleadings, represented at various interim hearings including specific disclosure. Settled at mediation.
• Represented Defendants in a team move to a newly formed financial advisory company, resisting springboard relief and Wrotham Park damages.
• Instructed by one of the Defendant employees in the Capco litigation, facing a £130 million claim in the fintech sector including conspiracy and breach of intellectual property.
• Acted for Defendant employee in alleged team move, facing claim under Computer Misuse Act and for misappropriation of confidential information and breach of copyright.
• Represented a Proprietary Hedge Fund against several former traders and a competitor fund re infringement of copyright and misappropriation of trade secrets including trading data and algorithms.
• Instructed by a financial services provider working with retail outlets following a team move. Advised on potential claims, and availability of Wrotham Park damages.
• Advised a media and communications company following the discovery that one of its directors had used information stolen from a competitor in devising customer lists and marketing strategies.

Lucy is known for her comprehensive experience of all aspects of statutory employment claims, particularly high value claims, including discrimination and equal pay, and whistleblowing dismissals. Recent experience of note includes:

• Acted for the Claimant in Barrow v. KBR, the second highest disability discrimination award, at over £2.5 million including £7,500 aggravated damages. Represented at two week hearing conducted by CVP in September 2020 and 3 day remedies hearing in April 2021.
• Advising a leading infrastructure company on TUPE transfer following a retender to multiple transferees.
• Representing a bank defending combined claims of whistleblowing and unfair dismissal.
• Acting for a national construction firm in a worker status dispute affected several hundred labourers. Hearing in February 2021.
• Currently instructed in high value claim against cryptocurrency firm for sex discrimination and harassment. Two week trial listed in Spring 2021.
• Acted for Nathalie Abildgaard in a s.26(2) sexual harassment claim against hedge fund IFM. Widely reported in the national press. Settled after Respondent received Lucy’s closing submissions, for £270,000 and without a gagging clause.
• Advising an accountancy firm on the defence of equal pay complaints made by a senior manager in respect of a cross-border role.
• Equal pay claim of like work against an aviation firm.
• Represented a medical Professor accused of sexual harassment by several female colleagues. Successful at the internal hearing in preventing dismissal. Subsequent tribunal complaint of reverse sex discrimination settled before hearing.
• Represented two former employees of FTSE in complex whistleblowing claims concerning alleged inaccuracies in financial indices and failures in regulatory compliance. The Claimants sought loss of earnings and payment of LTIPs worth +£750,000. Acted unled against David Reade KC. Case settled on confidential terms on the second day of trial.
• Successfully defended an international investment bank against allegations of sex harassment and victimisation arising from conduct on a trading desk.

Lucy acts frequently on matters concerning senior executives including remuneration and bonus claims, and allegations of breach of directors’ duties including fiduciary duties. Recent experience includes:

• Defended hedge fund against dismissal and bonus claim by former employee. Bonus claim concerned arguments on the exercise of discretion during the notice period.
• Providing an Expert Opinion on English law of termination of employment contracts for use in long-running multi-party US commercial litigation.
• Advised a hedge fund on strategy for exiting an underperforming executive and shareholder, and defending the firm against his allegations of age discrimination.
• Conducted Internal Investigation into misconduct by LLP member of a well-known PR and consultancy firm.
• Advised a travel agents in relation to misfeasance by Managing Director including expenses fraud and misappropriation of company monies.

Advised the London branch of a Swiss hedge fund on the termination of a director of a hedge fund, where the director had shareholdings in the Swiss parent company

Lucy is sought after as an investigator and has wide experience of different types of investigation at all business levels including C-suite. Known for her forensic approach and expertise across employment and corporate issues. Recent experience includes:

• Independent investigation for a major global Solicitors firm, into allegations brought by equity partner.
• Grievance investigation concerning alleged male rape during a work trip.
• Investigated allegations of sex harassment and predatory conduct by the Managing Director of international City-based PR firm.
• Appointed by renowned trade association as Independent Appeal Officer to hear appeals of four members expelled for bullying an employee.
• Investigation into misconduct by CEO of a national TV channel. As well as allegations of sexual harassment and assault, there were fraud allegations including accounting irregularities, misuse of company monies and misfeasance in a pre-takeover due diligence process.