Jane Mulcahy

Jane deals with cases in the High Court and Court of Appeal, the Employment Appeal Tribunal, the employment tribunals and specialist tribunals/arbitrations (see sport, below). Areas of work include restrictive covenants, garden leave, confidentiality, breach of contract, wrongful dismissal, unfair dismissal, redundancy, unlawful deductions from wages and all types of unlawful discrimination.

• Tradition Securities & Futures v Mouradian [2009] EWCA Civ 60, 11 February 2009
  Acted for Alexandre Mouradian in an appeal by Tradition on the basis that the Employment Tribunal had no jurisdiction to hear Mr Mouradian’s unlawful deduction from wages claim. Also acted in the EAT (29 January 2008) and the Employment Tribunal.
• Boland v Absolute Taste, McLaren, ET, January 2009
  Acted for the Respondents in a claim alleging sexual orientation discrimination brought by the steward on a private jet. The claim was withdrawn during the trial.
• F&C Asset Management v Switalski, EAT, 9 December 2008
  Acted for F&C in an appeal against the Employment Tribunal’s refusal to review its decision that the Claimant had been discriminated against on the grounds of sex. Also acted in the original Review, and the Review which followed the EAT’s decision to remit to a different Tribunal.
• Extec Screens & Crushers Ltd v David Rice [2007] EWHC 1043 (QB), 4 May 2007
  Acted for Extec in a speedy trial concerning a 12 month non-compete clause.
• Acted for a television company in a claim brought by a former presenter. She alleged discrimination on the grounds of sex, race, religion and age.
• Acted for a Claimant alleging disability discrimination against a large Bank.
• Acted for an investment bank in a claim alleging sexual orientation discrimination arising out of redundancy.
• Acted for a Claimant alleging race discrimination against an investment bank following the failure to pay his bonus and his redundancy.

• Bloxham v Freshfields, ET
  Acted for Freshfields in the one of the first cases brought by a Claimant alleging age discrimination.
• Hair v ICC, ET
  Acted for the ICC in a claim of race discrimination brought by cricket umpire Darrell Hair.
• Joel Stransky v Bristol Rugby Limited [2003] ISLR SLR-27
  Acted for Joel Stransky in his claim for breach of an employment contract.
• Crystal Palace FC (2000) Ltd v Stephen Bruce [2002] ISLR SLR-81
  Acted for Steve Bruce in relation to a garden leave injunction obtained on his leaving Crystal Palace.
• Clancy v Cannock Chase Technical College [2001] IRLR 331
  Acted for the College in relation to compensation sought by the Claimant for his loss of pension.

Publications

Joint author of “Garden Leave” in Employee Competition: Covenants, Confidentiality and Garden Leave, OUP, 2007 and “Players’ contracts with clubs, teams and event organisers” in Sport: Law and Practice, Lewis & Taylor, Butterworths, 2nd ed., 2008.  Also written on fixed term contracts for Tolley’s Discrimination Law Handbook, 2008.

Jane acts in the civil courts and the sports tribunals, including the Court of Arbitration for Sport (CAS). Areas covered include employment, disciplinary, doping, player transfers and competition/restraint of trade.

• Ian Atkins v Bristol Rovers
  Acting for Bristol Rovers in a claim for commission brought by Ian Atkins, a former manager. Due for trial late April 2010.
• Jason Bent v Plymouth Argyle
  Acting for Plymouth Argyle in a claim for breach of contract by Jason Bent.
• Andrew Webster v Heart of Midlothian [2008] 1SLR – SLR 37
  Acted for Hearts in an appeal before the CAS concerning compensation for the player, Andrew Webster.
• Sheffield United v FAPL [2007] ISLR SLR-77
  Acted for Sheffield United in an arbitration challenging the failure of the FA Premier League’s Disciplinary Commission to deduct points from West Ham United in the 2006/2007 season.
• Christine Ohuruogu v UKA, BOA
  Acted for Christine Ohuruogu in relation to her one year ban for failing to give whereabouts information in front of the UKA Disciplinary Committee and on appeal to the CAS. Also acted in Ms Ohuruogu’s appeal against a life time exclusion from the Olympics under British Olympic Association rules.
• FA v Pardew
  Acted for Alan Pardew, then manager of West Ham United, in disciplinary proceedings brought by the FA arising out of a touch line spat with Arsene Wenger, manager of Arsenal.

• FAPL v Ashley Cole
  Acted for Ashley Cole in the disciplinary case brought by the FA Premier League arising out of an alleged meeting with Chelsea while Ashley Cole was contracted to Arsenal.
• Adrian Mutu v Chelsea
  Acted for Adrian Mutu in his appeal against his dismissal by Chelsea.
• WCM-GP Limited v FIM [2003] ISLR SLR-91
  Acted for WCM at first instance and on appeal to CAS in relation to the compliance of its Moto-GP motorbike with FIM rules.
• Joel Stransky v Bristol Rugby Limited [2003] ISLR SLR-27
  Acted for Joel Stransky in relation to his claim for breach of contract.
• Crystal Palace FC (2000) Limited v Stephen Bruce [2002] ISLR SLR-81
  Acted for Steve Bruce in relation to a garden leave injunction obtained on his leaving Crystal Palace.

Jane acts as prosecutor for the Rugby Football Union and sits on the ECB’s Appeals Panel in child protection cases. She is on the Sports Resolutions’ list of arbitrators and has experience arbitrating disputes between players and agents.

Publications

Jane is the joint author of two chapters, on human rights and employment, in Sport: Law and Practice, Lewis and Taylor, Butterworths, 2nd ed., 2008. She is Case Editor for the International Sports Law Review (“ISLR”).

• Far Out Productions v Unilever UK & CN Holdings Ltd and others [2009] EWHC 3484 (Ch)
  Acted for Unilever and advertising agency BMP DDB in relation to costs arising from a claim of copyright infringement
• JHP Ltd v BBC Worldwide [2008] EWHC 757 (Ch), (2008) FSR 29
  Acted for JHP in relation to a copyright claim against BBC Worldwide concerning the Daleks.
• Mark Taylor v Rive Droite Music Ltd [2005] EWCA Civ 1300; Mark Taylor v Rive Droite Music Ltd [2004] EWHC 1605 (Ch)
  Acted for songwriter/producer Mark Taylor, concerning the terms of publishing and production agreements.

Jane taught Media Law to undergraduate journalists at City University and formerly acted as libel reader for The Observer newspaper.

Other cases include:

•  Rabone v Penine Care NHS Trust [2009] EWHC 1827 (QB), (2010) PIQR P2, (2009) LS Law Medical 503, (2009) 110 BMLR 56
  Acted for the Trust in a claim brought by parents alleging a breach of Article 2 of the European Convention on Human Rights (“the Convention”). The case is currently on appeal to the Court of Appeal.
• Wilson v First County Trust [2003] 3 WLR 568, HL
  Junior Amicus in claim alleging a breach of Article 1 Protocol 1 of the Convention.
• JA Pye (Oxford) v Graham [2002] 3 WLR 221, HL; [2001] EG 176, CA.
  Alleged breach of Article 1 Protocol 1 of the Convention.
• International Transport Roth GmbH and others v The Home Office [2002] 3 WLR 344, CA (and at first instance).
• R v Director of Public Prosecutions, ex parte Kebilene and others [2000] 2 AC 326, HL and [1999] 3 WLR 175, Div Ct. 
• R v Video Appeals Committee of the British Board of Film Classification (“BBFC”), ex parte BBFC (2000) EMLR 850, Admin. Ct.
• R v Secretary of State for Environment, Transport and the Regions, ex parte Garland, 10^th November 2000, unreported, Admin. Ct.
•  R v Legal Aid Board, ex parte Kaim Todner [1999] QB 966, CA.
•  R v London Beth Din, ex parte Michael Bloom, 18^th November 1997, unreported, Admin. Ct.

Jane is a CEDR accredited mediator. In her practice as a barrister she has acted for both employers and employees, sports people and governing bodies, and understands the particularly stressful and delicate nature of mediations in these fields.  Her sensitive handling of cases has won her praise from clients.

Previous work experience:

Before coming to the Bar, Jane worked as a journalist, latterly as editorial director for a magazine publishing company.