Fergus specialises in Personal Injury, Employment, Civil Fraud, Public/Regulatory Law and Sports Law. He is a robust advocate with an in-depth knowledge of his chosen fields. Thoughtful and understanding, clients know that they are in the best possible hands.
After starting at the Bar with a mixed Criminal and Civil practice, Fergus has gone on to develop a mixed but complementary practice in Personal Injury, Employment, Civil Fraud, Public/Regulatory Law and Sports Law.
Fergus’s Personal Injury work, broadly is split between Claimant and Defendant, with particular emphasis – given his experience and interest in Employment Law – on accidents at work (including industrial disease, vibration and deafness cases) and stress at work claims (and the hinterland between County Court/High Court Personal Injury actions for stress at work and Employment Tribunal claims for bullying and harassment at work).
Fergus has recently been involved in a number of claims arising out of bullying and harassment in the Armed Forces, as well those in negligence for the vicarious liability of local authorities – where allegations of historic sex abuse of children while in their care have been made (at foster and children’s homes, schools, etc.).
Predominantly multi-track instructions received, but happy to undertake fast track claims – from initial advice and drafting of pleadings, right through to final disposal, and beyond to appeal where necessary.
High Court stress at work claim, covering allegations of serious and persistent bullying by the Claimant’s bosses leading to a career-ending psychiatric injury.
Historic sex abuse claim alleging negligence / vicarious liability of a local authority for the actions of the Claimant’s primary school headmaster some 30 years previously.
Action on behalf of Claimant for lifetime psychiatric injury caused by abuse whilst in foster care as a child. Significant issues of vicarious liability, causation and limitation. The court ruled in the Claimant’s favour on limitation, leading to a significant settlement sum.
Claim against local police authority for psychiatric injury caused by failure to re-integrate the Claimant after years of undercover assignments.
Fergus’ Employment practice is complimentary to his Personal Injury practice and includes the staple diet of unfair and wrongful dismissal actions, together with all aspects of discrimination (across the gamut of protected characteristics) and harassment, equal pay, whistleblowing, collective and individual redundancies, furloughing, and TUPE Regulations, as well as more general contractual disputes.
Over the years since its inception, he has advised in a number of cases where the Equality Act 2010 impacts on and overlaps with other areas of law, such as the provision of social housing and the membership of clubs/associations. He has been involved in several recent cases exploring the concept and boundaries of associative discrimination.
Fergus undertakes both Claimant and Respondent work; the latter includes representing large organisations such as local authorities and national public bodies. He is happy to provide advice and guidance to individuals or companies of any size, whether that be in relation to internal procedures during employment or post-employment claims, at all judicial levels.
Associative disability discrimination claim for a Claimant against a major retailer, resting on the applicability of the concepts of that doctrine in both direct and indirect claims of differential treatment.
Successfully represented local animal rescue organisation in its defence of an action brought following an employee’s dismissal for animal cruelty misconduct.
Represented a public school of national significance in its defence of a multi-dimensional claim by a former teacher, involving allegations of whistleblowing, age and disability discrimination.
High Court action involving the employment rights of an employee with learning difficulties in a TUPE situation. Allegations of misrepresentation / negligent misstatement alleged as between the transferor/transferee.
In the past few years, he has received regular instructions defending alleged fraudulent road traffic accident claims (staged, contrived, bogus passengers, exaggerated injury, etc.) in particular, and seeking recovery of Defendant’s costs for findings of fundamental dishonesty in the face of QOCs protection.
Fergus’ general interest in all matters relating to the relationship of the individual and the State has seen his continued involvement in proceedings for Judicial Review and related appearances in the Administrative Court (including actions by members of the Armed Forces seeking declaratory, injunctive and compensatory remedies), as well as Article 2 ECHR-compliant jury Inquests.
He has also represented individuals in appearances before Care Standards Tribunals (such as actions against local authorities and government agencies on behalf of appellants seeking removal from POCA / POVA ‘blacklists’ preventing individuals from working with children or vulnerable adults), and those subject to disciplinary proceedings brought by the GMC, NMC and other medical regulators.
Judicial Review hearing at the Administrative Court concerning the unlawful discharge of a member of the Armed Services.
Acted for a midwife during the course of disciplinary proceedings brought by the NMC alleging unfitness to practice due to her previous criminal convictions.
Article 2 jury inquest into the murder of a woman by a prisoner on early-release licence. Several interested parties were involved in this high-profile inquest, heard over the course of several weeks.
Fergus brings his vast experience in disciplinary and employment work to the sports law field.
He has provided representation to players and clubs in rugby disciplinary hearings relating to matters both on and off the field.
Fergus also recently represented the captain of the England blind football team in his grievance against the FA. The player is now reinstalled as captain and his career continues.
As a keen rugby player, FA qualified coach and trainee RFU referee, Fergus is well placed to understand and respond to the demands of sport from a legal perspective.
Fergus can accept instructions directly from sports professionals, players, clubs, and other sporting bodies.
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