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INTRODUCING

Andrew Sugarman

Called Called in 2001

Email andrew.sugarman@parklaneplowden.co.uk

Web parklaneplowden.co.uk/barristers/andrew-sugarman/

About Andrew Sugarman

Andrew completed pupillage at Cloisters, London and then worked for 6 months as a Judicial Assistant to the Court of Appeal assigned specifically to Mummery LJ, former President of the EAT, and Arden LJ. Since being called to the Bar in 2001, he has specialised in the fields of employment and personal injury. He is Chambers’ Head of Civil Pupillage.

 

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Personal Details

Education: Trinity College, Cambridge 1996-1999 B.A. (Hons), M.A. (Cantab); Tulane University, New Orleans 1999-2000, LL.M (with Distinction)
Professional Associations: ELA, ELBA, ILS; PIBA, AvMA; Bar Pro Bono Unit; Justice
Appointments: 2001: Kalisher Scholarship: awarded to one Bar school student nationally p.a. 2000-2001: Sunley and Whittaker Scholarships and Sir Thomas More Bursary from Lincoln's Inn 1996-1999: Six scholarships awarded by Trinity College, Cambridge including for overall performance

Specialist Practice Areas

Recommendations

Chambers & Partners 2018 (Band 1):

Receives no shortage of praise in the market for his distinguished practice representing claimants and respondents. He acts for a diverse client base, from trusts, local authorities and large-scale corporates to individuals.


Strengths: "The biggest compliment I can pay him is that I trust him with all of our clients. What he does reflects well on us." "Sugarman is a firm advocate whose calm exterior reassures clients. His grasp of the legal and factual issues inspires confidence."


Recent work: Acted for York Teaching Hospitals NHS Trust in a whistle-blowing, race discrimination and unfair dismissal employment tribunal claim brought by one of its vascular surgeons.

Legal 500 2017 - "Technically and tactically astute with an engaging personal style."

Chambers & Partners 2017 (Band 1):

Described as "rational, reasoned and experienced," Sugarman receives no shortage of praise in the market for his distinguished practice representing claimants and respondents. He acts for a diverse client base, from trusts, local authorities and large-scale corporates to individuals.

Strengths: "A favourite with our team for all clients - he is personable, reliable and a fierce advocate." "A pragmatic barrister who gives commercial advice and counsel that can be relied on. He delivers positive outcomes, always with the client in mind."

Recent work: “Acted for several Immigration Appeal Tribunal judges in an ongoing case concerning part-time worker discrimination against the Ministry of Justice.”

Legal 500 2016 - "His cross-examination is killer and his submissions are outstanding."

Chambers & Partners 2016 (Band 1):

"He's straightforward but technically able, and clients feel like they're in safe hands. He's got a lot of common sense and he knows how to play to the Tribunal.

Legal 500 2015 (leading Junior)

"Approachable, personable, easy to work with and 100% reliable."

Legal Who's who

Andrew was one of a few employment specialists outside of London to appear in the first edition of the “Legal Who’s Who” which noted he was “much in demand by both claimants and respondents for his skills across the spectrum of employment law.”

Andrew has been recommended by both Chambers and Partners and the Legal 500 every year since 2008. Reviews include:

Chambers & Partners 2015 (Band 1)

“Represents commercial and public sector employers, charitable bodies, trade unions and their members. ‘He is the calm port in the storm. He looks at things objectively and thinks well on his feet.’ 

Legal 500 2015 (Leading Junior)

“Very good at explaining complex legal concepts to clients.’ 

Andrew has been recommended by both publications since 2008

 Chambers & Partners 2014 (Band 1)

“An experienced employment advocate who is instructed by a wide range of clients, and is recognised as being equally adept at acting for claimants and respondents. He is a skilled barrister, but also straight-talking and down-to-earth. He is very good with clients, and can cut to the main issues quickly and explain difficult legal concepts clearly and concisely."

 Chambers & Partners 2013

“the "technically brilliant” Andrew Sugarman. A "down-to-earth" junior, he is popular due to the "efficient and thorough" approach he takes. He has recently been acting for Leeds City Council in a breach of contract test case.”

 The Legal 500 2012 & 2013 

Andrew is “a tough advocate with excellent attention to detail” and is “recommended”.

 Chambers & Partners 2012 -  Andrew has impressed with his "straightforward style" and is "loved by clients." He is "highly dedicated and will go to enormous lengths to fight the battle. He is regularly instructed by trades unions and commercial and public sector employers.”

 The Legal 500 2011 

Andrew has “excellent depth and breadth of knowledge; gives realistic rather than legalistic advice”. 

 Chambers & Partners 2010 

"He remains a fine choice for employment …".

 Chambers & Partners 2009

“gains market respect for [his] practice" and has a “great understanding” of disability discrimination and employers’ liability for injury.”

 Chambers & Partners 2008

He was described as doing “first class jobs in tough cases, many of them without backup”. 

 

Recently Concluded Cases

Examples of reported/ongoing cases include:

Employment
  • Martineau and others v Ministry of Justice, forthcoming EAT hearing: acting for a group of fee-paid Immigration Appeal Tribunal judges claiming part-time worker discrimination in relation to pay.;
  • Thompson v Ministry of Justice, forthcoming EAT hearing acting for a Valuer Vice President in the First-Tier Tribunal (Property Chamber) in his claim of part-time worker discrimination in relation to access to the judicial pension scheme and pay;
  • Osaghae v United Lincolnshire Hospitals NHS Trust, 2013, UKEAT/0576/12/BA, LTL 26.3.14: for the successful respondent on an appeal concerning issues of settlement and withdrawal;
  • Stuart v BUPA Dental Services Limited UKEAT/0237/13/BA, 21st January 2014: for the successful respondent on an appeal concerning the employment status of a dentist;
  • Kowalewska-Zietek v Lancashire Teaching Hospitals NHS Foundation Trust, Nov 14: for the successful respondent at the ET in a 5 day race discrimination claim brought by a Consultant Neurologist;
  • Tsvangirai v Sheffield Teaching Hospitals NHS Foundation Trust, September 2014: successfully acting for the respondent in a paper heavy 7 day race discrimination and unfair dismissal claim brought by one its former nurses;
  • Smith v Drive, 2013: appeal to the EAT dealing with various aspects of unfair dismissal, Polkey and the proper approach to compensation;
  • Browne v Central Manchester University Hospitals NHS Trust, [2011] EqLR 545 (liability) and [2012] EqLR 186 (remedies): 4 week race discrimination/unfair dismissal claim for the successful claimant who recovered in excess of £1m in compensation;
  • Unison v Addaction,  UKEAT/0339/09/SM, LTL 19/2/2010 – whether a trade union had made a valid claim under Reg 13 TUPE;
  • Calderdale MBC v Wells UKEAT/0340/09/CEA, LTL 7/12/2009 – successfully responding to an appeal concerning the definition of employee status (with an order for costs in the EAT);
  • NSM Music v McArdle, UKEAT/0516/09/RN – successfully responding to an appeal concerning the application of s98A(2) of the ERA 1996 and Polkey.
  • Tennison v Centrica Storage, UKEAT/0336/08 LTL 2/12/2008 successfully responding to an appeal against a Tribunal’s refusal to allow an amendment to the ET3 and also dealing with a wasted costs order made against solicitors (by consent);
  • Evans v North Lincolnshire and Goole NHS Foundation Trust, 2013: acting for the successful respondent in a 5 day disability discrimination claim brought by a retired Consultant Paediatrician with Aspergers Syndrome; 
  • O’Malley v CPS, 2012: successfully representing the CPS in a lengthy claim brought by one of their Crown Court Advocates for sex discrimination and breach of the flexible working provisions;
  • Olesen v MOD, 2012: representing, at a 3 day multi-track trial in the County Court, a Consultant Orthopaedic Surgeon in a claim for breach of contract arising out of his work over a number of years in breach of the Working Time Regulations 1998; 
  • Gardiner v County Durham and Darlington Fire and Rescue Service, 2011: for the successful respondent in a disability discrimination claim brought by a dispraxic trainee firefighter;
  • Caen v RBS: acting for the successful claimant who suffered with agoraphobia in a 5 day disability discrimination (primarily reasonable adjustments) and unfair dismissal claim; 
  •  Cox and others v Amec and others: representing former employees in the oil fields off the coast of Nigeria in claims for race discrimination and unfair dismissal arising from troubles in the region;
  • Kuhnel Graphics Limited v Archer, EAT: for the successful respondent on appeal in a case of unfair dismissal following a relationship breakdown between directors of a company;
  • Newton v Dupont Teijin Films, ET, - Lengthy sex discrimination claim on behalf of the successful claimant which resulted in a six figure award of compensation.
Personal Injury
  • M v H NHS Trust: Complicated claim pleaded in excess of £1m brought by a former nurse arising out of an accident at work;
  • Handrick v Rougeolle: acting for the successful claimant in a 3 day multi-track trial in an unusual case centred around the Occupier’s Liability Act 1984;
  • W v P: a claim involving multiple injuries including a serious brachial plexus injury which eventually settled for over £1/4m;
  • M v G: acting for the defendant in a high value RTA case in which the claimant suffered multiple serious injuries resulting in the loss of a career in the army;
  • Pajwani v Cox and the MIB: acting for the estate and dependants in a complicated fatal accident claim following an RTA;
  • Slater v City of Wakefield MDC, High Court – acted successfully for the claimant, a teaching support assistant, at first instance and on appeal in a claim for injury caused by a pupil;
  • R v HM Prison Service: a loss of career claim brought by a prison officer following an assault at work resulting in permanent physical and psychiatric injury;
  • Re G: a claim arising out of an RTA brought by a child who suffered with a spectrum of psychiatric symptoms including mutism.
Clinical Negligence and Healthcare
  • Re F: acting for the dependents and estate of a man who died following a heart attack in circumstances where the ambulance, which had been called, failed to arrive;
  • Re B: On-going dental negligence claim  alleged sustained negligent course of treatment;
  • Re M: acting for the dependents and estate in a case involving a death following a failed anastomosis;
  • Re B: advising a Deanery on how to deal with a disabled doctor who encountered difficulties in training before resigning from the scheme.
Insurance
  • Re H: ongoing multi-track case with a large number of witnesses in which it is alleged the claimants induced an accident;
  • Re F: ongoing multi-track LVI claim;
  • Meah v Markerstudy Insurance Company: representing the defendant in an LVI claim in which the court accepted the claimant was not injured;
  • Gavu v Tshabalala and Chaucer Insurance: a claim by a “phantom passenger” whom the defendant contended was not a passenger in his car, as claimed;
  • Mahmood v Hussain: RTA trial with allegations of fraud, namely that the accident was staged;
  • Matthew v Halifax: acting for the successful claimant in an LVI case where the defendant called extensive engineering evidence.

Articles/Publications

Andrew co-writes, with Head of Team Seamus Sweeney, the “Equal Pay” chapter of Jordans Employment Law Service. He has written a number of articles on employment law which have appeared in publications such as Pulse (a magazine distributed to all registered GPs in the UK), the Discrimination Law Association’s Briefings and the Leeds and Yorkshire Lawyer. He assisted Robin Allen QC in updating and redrafting the “Human Rights” chapter of Bullen & Leake on Pleadings.

Lectures/Seminars

Employment

Andrew taught the “Employment Law” option to the part time students at the BPP Law School in Leeds.

He has given talks for the Employment Lawyers Association on “Tactics and Remedies in Employment Tribunal Litigation”, “Whistleblowing” and “Pension Loss Claims” as well as substantive case law updates. He has also given lectures and seminars to many firms of solicitors locally and nationally, including writing and delivering nationally an 8 hour “Employment Tribunal Advocacy Training Programme” to a leading firm of employment solicitors. He maintains a keen interest in all aspects of human rights work.

 The topics of some of his lectures and articles have included:

  •  Holiday Pay: The Unexploded Timebomb
  • Victimisation and Grievances
  • Pension Loss Claims Post Auto-Enrolment
  • Whistleblowing: the 2013 changes
  • Service Provision Changes under TUPE
  • Tactics, Remedies and Costs
  • General and Discrimination Case Law Updates
  • Are Agency Workers Employees?
  • Claims, Responses and Compromise Agreements in Employment Cases
  • Compensation for Unfair and Wrongful Dismissal
  • The Employment Act 2008 
  • The Statutory Disciplinary and Grievance Procedures
 Personal Injury, Clinical Negligence and Insurance 

Andrew has lectured and written articles on a variety of personal injury topics. He recently co-authored an article entitled “Sweet Relief: To Mitchell or Not to Mitchell, That is The Question” which was published in the Personal Injury Brief Update sent to over 11,000 readers. He has been published in Pulse, a magazine sent to all GPs in the UK. 

 The topics of some of his lectures have included:

  • Mental Capacity: A Talk for Personal Injury Practitioners 
  • Maximising Damages in Personal Injury Claims
  • Employer Liability Review and Update 
  • Construction Site Accidents and Falls from Height
  • General Case Law Update: including Fraud and Exaggeration
  • Conditional Fee Agreements: A Practical Guide

Andrew has given lectures for the Employment Lawyers Association on tactics and remedies in employment tribunal litigation encompassing claims for personal injury in that forum.  

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