Nick De Marco

Nick has a wide and extensive employment law practice.

His practice includes claims for unfair dismissal, wrongful dismissal, sex, race, disability, sexual orientation, religion/belief and age discrimination, confidentiality, restrictive covenants, whistle-blowing, trade union activities, unlawful deduction of wages and TUPE transfers. Nick regularly appears in the Employment Tribunal, the Employment Appeals Tribunal and the High Court.

Nick has particular expertise in the field of discrimination law where he has acted for claimants and respondents in tribunal cases, often involving high value city claims, and in appeals. He has regularly advises on, obtains and resists injunctions enforcing restrictive covenants in the High Court.

Nick is author of the Blackstone's Guide to the Employment Equality Regulations - a practical guide to the Sexual Orientation and Religion or Belief discrimination regulations, and co-wrote the chapter on discrimination in Lester, Pannick and Herberg on Human Rights.. He also assists unrepresented appellants before the EAT and been a member of the Management Committee of the Employment Lawyers Association.

• Humphreys v Quinn Glass (ET, October 2009)
  Successfully struck out whistleblowing case at PHR.
• Dr Igboaka v GMC (EAT June 2009)
  Nick successfully represented the GMC in an appeal brought by a doctor.
• Impellam v Long (High Court and Employment Tribunal 2009)
  Nick has acted on behalf of the employer in a series of applications for injunctions and defending an employment tribunal claim against a former chief executive.
• Equality and Human Rights Commission v BNP (July 2009)
  Nick (along with David Pannick QC) was responsible for the initial legal advice and preparation of proceedings that led to the BNP being forced to change its constitution banning non-whites from membership.
• Moran v Wakefiled (Employment Tribunal 2008)
  Nick secured a rare injunction in the employment tribunal requiring a trade union officer to be re-employed by the local authority.
• Lighthouse Carrwood v Philip Luckett (High Court, November 2007)
  Represented company in large claim for damages for breach of restrictive covenant.
• Villars v Kwik Fit (High Court, April 2007)
  Successfully obtained judgment for former CEO of company in high value claim.
• Sahatchu v DPP (EAT March 2007)
  Successfully represented Respondent in appeal concerning the interpretation of the statutory disputes resolution procedure.
• Griffiths v Law Society (ET April 2007)
  Represented the Law Society in complex discrimination case.
• World Challenge Expeditions v Outlook and Anr (High Court, January 2007)
  Obtained orders restraining parties from competing with a former employer.
• Wilkes v Experian (November 2006)
  Nick succeeded in a high value claim for the Claimant against a large company. Following trial the Tribunal found that a number of senior executives for the company had been dishonest and maximum costs were recovered by the Claimant.
• Roeser v Commerzbank AG (EAT/0552/05)
  Nick succeeded in an appeal challenging the Tribunal’s refusal to adjourn a hearing where the Claimant had important business reasons for requiring one.
• Randle v Mapics (UK) (EAT)
  Nick successfully represented the Respondent before the EAT in an appeal concerning the small business exception to the DDA.
• P Campbell v Ministry of Defence (ET)
  Successfully represented former RAF Wing Commander in high value sex discrimination claim.

Nick has considerable expertise within this area. He has advised and acted for a number of sporting organisations in commercial claims, disciplinary and doping hearings, injunctions against trespassers and ticket touts, claims concerning the interpretation of footballers’ and agents’ contracts and transfer fees, sports’ sponsorship cases, claims concerning football programmes and various other employment related claims. He has regularly advised on the interpretation of and possible challenges to sports bodies’ rules. He has also been involved in a number of cases concerning the funding of athletes by sports governing bodies for events such as the Olympics.

As well as appearing in UK Courts and Tribunals he has represented international tennis stars in doping hearings before the International Tennis Federation, and football players before the FA, Premier League and Football League disciplinary and appeals bodies. He has been involved in various cases before the FIFA dispute resolution panel and the Court of Arbitration for Sport (CAS). In addition to appearing in numerous football tribunals he has prosecuted Rugby players on behalf of the Rugby Football Union before their internal disciplinary board and represented Rugby Union clubs before the same body, represented an appellant in English Cricket Board proceedings and represented the Lawn Tennis Association in an appeal by an umpire before the Sports Dispute Resolution Panel. He has also been appointed to sit as a judge by the British Board of Boxing Control in professional boxers’ doping appeals, and advised UK Athletics on their anti-doping contracts with athletes.

His clients have included Nike; Sports Governing Bodies including UK Sport, the Lawn Tennis Association, the Professional Footballer’s Association, the Rugby Football Union, The Welsh Rugby Union, The Ryder Cup Limited, Epsom Downs and Royal Ascot Racecourses, Jogathon, UK Athletics, and the World Professional Billiards and Snooker Association; Football Clubs: Manchester City, Fulham, Bolton Wanderers, Blackburn Rovers, Wolverhampton Wanderers, Queens Park Rangers, West Ham United, Swindon Town, Orient, Rotherham United, Yeovill Town and Salisbury City; Bristol Rugby Club, Birmingham & Solihull Rugby Club; Football players: Andrew Cole, Gabriel Heinze, Adrian Mutu, John Obi Mikel, and Marcus Stewart: Formula 1 racing driver Narain Karthikiyan and Dunwoody Sports Marketing.  He has also acted for a number of football agents and agencies in claims against high profile players (including Man City’s Elano Blumer, Newcastle Utd’s Geremi, Arsenal’s Nicholas Bendtner and JLoyd Samuel). In addition he successfully restrained a Premiership football club from changing its sponsorship arrangements through injunctive proceedings. He is currently acting as senior counsel for Bolton Wanderers in a high profile chancery division image rights case against Chelsea’s Nicolas Anelka.

Nick was previously a Director of the Coca-Cola Championship football club, Queens Park Rangers FC (2007) . He has a unique insight into, and all round experience of, the football industry including issues relating to football finance, sponsorship, employment law issues with players and managerial staff and regulation by the football governing bodies.

Nick is a former editor of the Sports Law Cases for the British Association of Sports Law journal and is a member of the Football Association Tackling Homophobia Advisory Group.

• Fleetwood Town FC v The Football Conference (before the FA Appeal Board, 21 April 2010)
  Nick successfully represented the Football Conference at an appeal before the FA Appeals Board, on 21 April 2010, brought by Fleetwood Town Football club. The case concerned a challenge to fairness of the Conference’s decision to expunge the points of a club that had ceased to operate for financial reasons.
• Bolton Wanderers v Nicolas Anelka (High Court 2009) Nick has been representing the Premier League football club in a large image rights case against Chelsea’s Anelka.
• Football Association v Charles Collymore  (FA Disciplinary Commission, Autumn 2008 and Spring 2009)
  Nick successfully defended the football agent against various charges in two separate hearings.
• Azam v RFU (RFU Appeals Board, October 2009)
  Nick successfully represented the RFU against an appeal by the Gloucester Premiership player from a ban for kicking the England captain during a game.
• Mark Connolly v Wolverhampton Wanderers FC (FAPL Disciplinary Commission, Summer 2009)
  Nick successfully represented Premier league club Wolves in a dispute about a player’s contract. 
• Birmingham & Solihull Rugby Club v First Division of Rugby (RFU Competition Appeals Board, 6 May 2008)
  Successfully represented rugby club in appeal against decision of the FDR not award points to a losing team where the winning team was in breach. The appeal was very important in that it highlighted important deficiencies and conflicts in the RFU rules.
• RFU v Bristol Rugby Club (RFU Disciplinary panel, 8 August 2007)
  Nick represented Bristol Rugby Club in the first ever Rugby case about “tapping up” of players.
• Nike v Tomas Rosicky (High Court (ChD) 9 August 2007)
  Nick acted alongside Tom de la Mare for Nike in a successful application for an injunction against Arsenal star Rosicky preventing him wearing Puma football boots.
• Gabriel Heinze v Manchester United FC (Football Premier League Appeals Board, August 2007)
  Along with Andrew Green, Nick represented the Argentina and former Man Utd player in a high profile contractual dispute with the football club.
• Fulham FC and Sheffield United FC v The Premier League (High Court, 13 July 2007)
  Led by Michael Beloff QC, Nick represented Fulham Football club in an appeal to the High Court challenging the Premier League’s decision not to dock points from West Ham following the “Tevez scandal”.
• Dartry Ltd v Narain Karthikiyan (High Court – settled)
  Nick was involved in the successful settlement of a dispute between one of Eddie Jordan’s companies and a Formula 1 racing driver in a dispute concerning F1 sponsorship.
• Rachel Potter v UK Athletics (County Court, May 2006)
  Nick successfully represented sports’ governing body in Paralympic games funding dispute.
• Salisbury City v The Southern League (FA Appeal Committee, April 2006)
  Successfully represented football club in appeal against the League’s decision to disallow a player’s transfer and registration for an alleged technical breach of the rules.
• West Ham United FC v The Football Association (FA Appeal Committee, April 2006)
  Represented football club in appeal against FA sanction for failing to control fans during game with Chelsea; successfully persuaded the committee to reduce West Ham’s sanction to the minimum possible one.
• Rotherham United FC v Southend United FC (Football League, February 2006)
  Represented Rotherham in dispute about payment for players transfer and jurisdiction.
• John Obi Mikel v Manchester United Football Club (FIFA Dispute Resolution Panel – settled)
  Led by Andrew Hunter, Nick acted for the football player in the dispute before FIFA resolution in the much publicised tug of war between Chelsea and MUFC over who the player signs for.
• 3 Players v International Tennis Federation
  Nick represented three international tennis stars in different private hearings before the ITF doping panel.
• Ryder Cup Limited v Tickets2bThere.com (November 2005)
  Nick secured an injunction and disclosure orders for the organisers of a major golf event against ticket touts.
• Epsom Downs Racecourse Limited v Horan (June 2005)
  Nick secured an injunction for the race course against a de-frocked priest well known for disrupting sporting events.
• Andy Cole v The Football Association (14 October 2004)
  Nick appeared with Adam Lewis for Andy Cole of Fulham Football Club in a hearing before the Football Association Appeal Board. They successfully persuaded the Appeal Board to reduce the FA's previous extra three match ban on Mr Cole playing first team football to a one match ban.
• Adrian Mutu v Chelsea FC (January 2005)
  Represented Mutu in interim hearing before the Football Premiership disciplinary panel concerning the player’s appeal against his dismissal by Chelsea.
• Joe Royle v Manchester City Football Club (Court of Appeal, March 2005)
  Successfully represented football club in costs hearing before the Court of Appeal.
• Enrique De Lucas Martinez v Chelsea FC (June 2005)
  Nick (along with David Donaldson QC and Andrew Green) was instructed on behalf of the player in successful litigation disputing the player’s contract with Chelsea.
• Swindon FC v Neil Ruddock (December 2002)
  Acted for Swindon Town Football Club in case brought by former England and Liverpool footballer.  Successfully negotiated severance of footballer’s contract with club.

Nick has a strong commercial practice having advised on and/or appeared in a wide range of commercial disputes including commercial fraud, worldwide freezing injunctions, injunctions for breach of confidentiality, bankruptcy proceedings, partnerships, sale of goods and claims by city bankers for commission and bonuses. He has appeared in the Court of Appeal, the High Court and the County Courts. He has particular experience in both obtaining and resisting High Court injunctions.

• World Duty Free v Kirk & ors (December 2007, High Court)
  Nick obtained a number of pre-action disclosure orders against various banks and other parties in large scale fraud claim.
• Lombard North Central v Automobile World (April 2008, Leeds County Court)
  Nick won 3 day trial in significant commercial claim by finance company against another company.
• Frankel v Feldman (2005 - Case No. HC05CO1000)
  Nicholas appeared successfully for the defendant in Chancery land law/trust litigation.
• Benrache v Stiedl [2003] EWCA Civ 838 – judgment restricted
  Acted as junior counsel to Colin Ross-Munro QC in a Court of Appeal multi-million pound fraud/knowing assistance appeal.
• Acted for the Claimant as junior counsel for Charles Flint QC, Tom Beazley QC and Tom de la Mare in multi-million pound fraud proceedings involving worldwide freezing injunctions and numerous Norwich Pharmacal orders (case in Arbitration so subject to confidentiality).
• Fiala & O’Connell v Maple Securities
  Junior counsel to Tom Beazley QC in high value claim involving derivatives traders.
• Knightsbridge Residential Ltd v Naderah Akhaven
  Successfully resisted summary judgment application in £500,000 claim involving construction of mortgage, misrepresentation and undue influence.
• Junior counsel to Hugo Page QC in high court claim for breach of confidence (case subject to confidentiality).

Nick has advised and acted for a variety of clients including professional musicians in disputes concerning copyright claims, a radio station in a dispute with a DJ, claims for an account and contractual disputes between professional musicians over royalty payments and IP rights.

• Empire Media productions v Calum Best (November 2007)
  Nick acted for producers of  TV documentary on George Best in dispute with Calum Best over failure to appear in programme
• Rachmaninov v Sotheby’s
  Along with Robert Howe, Nick successfully represented the heirs to Sergei Rachmaninov against the London auction house in litigation concerning the ownership of the composer’s autograph manuscript of his Second Symphony.

Human Rights:

Nick has an extensive knowledge of and interest in human rights law and has advised and acted in a number of cases involving human rights. He is the author of the chapter on Article 14 and Discrimination law in the recent edition of Lester & Pannick on Human Rights and is a regular contributor to Legal Action on human rights cases.

Public Law:

Nick is regularly instructed by the General Medical Council in judicial review proceedings brought by doctors and members of the medical profession and has advised in a number of cases concerning education law.

Nick was General Editor of Administrative Court Digest, Sweet & Maxwell’s bi-monthly report covering the leading public law cases from 2002 until 2005.

Education Law:

Nick is regularly instructed in the area of Education law both by local education authorities, in particular, The Learning Trust who operate all the secondary schools in Hackney, and by those representing teaching staff, in particular the National Association of Head Teachers. He has acted for and against schools and education authorities in a variety of cases, including judicial review, employment cases, a case for a head teacher before the Independent Schools Appeal Tribunal and an appeal by a pupil against expulsion from a private school.

Regulatory:

Nick has a wide range of experience in regulatory work. He is regularly instructed by the General Medical Council in relation to the regulation of the medical professions (appearing often in the High Court and Employment Tribunals on behalf of the GMC) and has been instructed by various sporting regulatory bodies (such as the Rugby Football Union, Football association and the Lawn Tennis Association) and by persons challenging the decisions of regulatory bodies. He often appears before sports’ regulatory bodies defending or prosecuting athletes.  He has also appeared before the Office of Fair Trading adjudicator, and advised other clients in other OFT cases.

Interesting Human Rights cases include:

• Equality and Human Rights Commission v BNP (July 2009)
  Nick (along with David Pannick QC) was responsible for the initial legal advice and preparation of proceedings that led to the BNP being forced to change its constitution banning non-whites from membership.
• Berezovsky v Immigration Nationality Department (County Court 2009) Nick represented the billionaire businessman in data protection act challenges to the Department.
• R (Alan Craig & Christian People’s Alliance) v BBC (Admin Court, 30 April 2008)
  Led by Javan Herberg, Nick acted for the BBC successfully resisting judicial review/human rights challenge by a London Mayoral candidate to suggestions to change a Party Election Broadcast.
• George Galloway MP v The Labour Party
  Nick represented George Galloway MP in his much reported two-day disciplinary hearing in front of the Labour Party. The case raised interesting issues relating to freedom of expression, the legality of the Iraq war, the construction of the Labour Party rules and natural justice.
• Uzan v United Kingdom
  Junior counsel to Tom de la Mare for applicants in case before the European Court of Human Rights raising issues of public and private international law and jurisdiction, Article 5, 8 and Article 1 of Protocol 1 of the Convention.

Interesting Public Law cases include:

• R (Alan Craig & Christian People’s Alliance) v BBC (Admin Court, 30 April 2008)
  Led by Javan Herberg, Nick acted for the BBC successfully resisting judicial review/human rights challenge by a London Mayoral candidate to suggestions to change a Party Election Broadcast.
• Legal Remedy UK v Department of Health (Admin Court: 16 May 2007)
  Led by Tom de la Mare, represented junior doctors in their high profile judicial review challenge to the Department’s new application process for training placements.
• R v D [2005] EWCA Crim 889
  Appeared with Lord Lester of Herne Hill QC for the Commission for Racial Equality before the Court of Appeal (Criminal Division) in case concerning the definition of "racial group" for the purposes of the Crime and Disorder Act 1998 - and by analogy the Race Relations Act 1976. The Court adopted the CRE's intervening submissions, finding that the use of the word "immigrant" is capable of denoting membership of a racial group.
• R (Refugee Legal Centre) v Secretary of State for the Home Department [2004] EWCA Civ 1296
  Nick and Michael Fordham acted pro bono for the Refugee Legal Centre, instructed by Public Law Project, successfully getting the Court of Appeal to make its first ever full pre-emptive costs order (prospectively ordering that there be “no costs” whatever the result) in a judicial review case.

Interesting Regulatory cases:

• Dr Igboaka v GMC (EAT June 2009)
  Nick successfully represented the GMC in an appeal brought by a doctor.
• Football Association v Charles Collymore (FA Disciplinary Commission, Autumn 2008 and Spring 2009)
  Nick successfully defended the football agent against various charges in two separate hearings.
• Azam v RFU (RFU Appeals Board, October 2009)
  Nick successfully represented the RFU against an appeal by the Gloucester Premiership player from a ban for kicking the England captain during a game.
• Mark Connolly v Wolverhampton Wanderers FC (FAPL Disciplinary Commission, Summer 2009)
  Nick successfully represented Premier league club Wolves in a dispute about a player’s contract.
• Birmingham & Solihull Rugby Club v First Division of Rugby (RFU Competition Appeals Board, 6 May 2008)
  Successfully represented rugby club in appeal against decision of the FDR not award points to a losing team where the winning team was in breach. The appeal was very important in that it highlighted important deficiencies and conflicts in the RFU rules.
• RFU v Bristol Rugby Club (RFU Disciplinary panel, 8 August 2007)
  Nick represented Bristol Rugby Club in the first ever Rugby case about “tapping up” of players.
• Dr Alan Tutin v GMC  (High Court February 2009)
  Led by Viv Robinson QC, Nick successfully represented the GMC at a High Court appeal.

Before going to the Bar, Nick worked as a film and video editor. He was also involved in politics and was elected as a trade union representative and student union president.

While at university he won a number of mooting competitions including the Blackstone/Herbert Smith/GTI national mooting competition (1998-1999) and the Inner Temple mooting competition (2000).

Nick worked as a volunteer employment tribunal representative for the Free Representation Unit and secured one of the highest settlement sums FRU handled during 2001 for an applicant in a Race Discrimination claim.

Nick was a court liaison officer for the Venice Commission (Council of Europe Commission for Democracy through Law) from 2001-2007, selecting leading constitutional cases from the UK for publication in its international bulletin.

In 2000-2001, Nick taught Public Law at University College London. He then became judicial assistant to the then Lord Chief Justice, Lord Woolf (2001), working in the Court of Appeal on a number of cases and speeches. He has also worked for solicitors firms both in the UK and the United States.

Nick is an enthusiastic photographer, occasionally working on a professional basis and often traveling the world to take photos. He has recently published his first book of photographs called “Cubans” available on Blurb.com.

Nick is also a football fan and previous Director of his favourite club, QPR.

A lover of all things Italian, Nick spends whatever spare time he has in his house in southern Italy where he is developing his own small vineyard and wine-making.

Publications:

• Contributor, Lester and Pannick Human Rights Law and Practice 3rd ed. (2009) and 2nd ed. (2004) – responsible for the chapter on Art 14 (Discrimination)
• Author, Blackstone's Guide to the Employment Equality Regulations (2004) – a practical guide to the Sexual Orientation and Religion or Belief discrimination regulations
• Former Editor of Sports Law Case Reports for the Journal of the British Association of Sports Law (BASL) (2006-2008)
• Former General Editor, Administrative Court Digest (2002-2005)
• Contributor to Legal Action magazine on UK Human Rights cases (2002-2005)
• Editor of the Venice Commission Bulletin on Constitutional Case Law (2000 - 2001)
• Contributor, European Human Rights Case Summaries, B. Mensah, Cavendish (2002)
• Editor of the UCL Faculty of Laws Jurisprudence Review 2000
• Nick is also editor of Blackstone Chambers’ Employment Law Focus and Sports' Law Focus

Articles:

• Euro 2004 ticket case sets precedent for sporting events (World Sports Law Report, Vol 2, Issue 6, June 2004)
• Interpreting Termination Clauses – paper co-written with Monica Carss-Frisk QC for talk given at the IRS “Employment Law in the High Court” conference in May 2004. The paper focussed on PILON clauses, whether a termination clause is a liquidated damages clause or a penalty clause, and the application of UCTA.
• The New Discrimination Regulations – Paper accompanying talk given to ELA voluntary sector conference on the race relations (amendment) act, sexual orientation and religion of belief discrimination regulations (January 2004).
• Sexual Orientation and Religion or Belief discrimination - Defining the grounds (ELA Briefing, Vol. 11, No. 7, Jan/Feb 2004)
• Identity crisis - what constitutes a public body in public law? Co-written with Tom de la Mare (The Lawyer, 11 November 2002, Vol. 16 issue 45)
• Can human rights survive the ‘war on terrorism’? (The Lawyer, 30 September 2002, Vol. 16 issue 39)
• Marxism and Democracy - Apex and Abrogation (UCL Faculty of Laws Jurisprudence Review 2000 pp. 36-58)