Year of Call: 2011
Clinical Negligence | Discrimination & Equality | Employment | Human Rights | Personal Injury | Professional Discipline
"Super bright, commercially focused in all her advice and a clever and tactically astute litigator. Also very easy to work with." "Produces super quality work." Chambers & Partners 2021
"Extremely clever, tactically astute and commercially focused. She is always calm and reassuring (particularly with witnesses), while at the same time fiercely competitive - our go-to counsel for all employment law work." Legal 500 2021
EMPLOYMENT AND DISCRIMINATION
Chesca regularly advises and acts in all areas of employment law, with a heavy focus on discrimination. She has particular experience in complex multi-day litigation and high-value remedies hearings. Her personal injury quantum expertise is an asset in claims involving medical evidence and requiring the drafting of comprehensive and persuasive Schedules or Counter-Schedules of Loss.
She recently acted (led by Caspar Glyn QC) in the Court of Appeal and Supreme Court in Shannon v Rampersad on the issue of whether sleep in care workers should receive the National Minimum Wage and is currently being led by Robin Allen QC in a group action on behalf of part-time judges.
Chesca has undertaken secondments to two leading employment law firms, broadening the scope of her practice and developing her pragmatic, client- focussed approach. At BDBF she advised a number of senior executives on negotiated exits and restricted covenant issues, and represented a technology company who brought a successful injunction against a departing employee. At Herbert Smith Freehills, Chesca developed her non-contentious employment expertise, including advising on corporate transactions, and internal grievances and disciplinaries.
Chesca regularly provides pro-bono advice and advocacy under the ELIPS and ELAAS (EAT) schemes, and is willing to act pro bono in appropriate cases.
PERSONAL INJURY AND CLINICAL NEGLIGENCE
Chesca specialises in contested quantum-only cases of the utmost severity. She is frequently brought in as junior counsel to draft complex multi-million pound Schedules of Loss and to help secure large urgent interim payments.
Since becoming a tenant at Cloisters, Chesca has been involved in the recovery of over £175 million for injured claimants. She has particular expertise in cerebral palsy arising from clinical negligence at birth, and catastrophic RTAs resulting in spinal cord injuries, traumatic brain injuries, amputations and/or visual impairment.
She has significant experience dealing with a wide range of controversial quantum issues including accommodation claims, claims for home hydrotherapy pools, motor homes and exoskeletons, complex career-long loss of earnings claims for young adults, cases involving difficult causation disputes and novel issues in fatal accidents claims.
Chesca's employment law expertise and knowledge is valuable to her PI/CN clients. She has gained extensive trial advocacy experience and is live to potential issues concerning disability discrimination and the employment of a care team.
Cholmeley Studentship, Lincoln's Inn
Buchanan Prize, Lincoln's Inn
City Law School/Falcon Chambers Land Law Essay Prize
Legal 500 2021: "Extremely clever, tactically astute and commercially focused. She is always calm and reassuring (particularly with witnesses), while at the same time fiercely competitive - our go-to counsel for all employment law work."
Who's Who Legal 2017, ranked as an Expert in Labour, Employment & Benefits
APPOINTMENTS AND MEMBERSHIPS
Member of ELA, ELBA, ILS, DLA, Advocate (formerly Bar Bro Bono Unit), PIBA, APIL and AvMA
PUBLICATIONS AND TRAINING
Chesca regularly provides training on a wide range of topics, in particular on personal injury issues for employment lawyers, and quantum issues in PI/CN. Please contact the clerks if you wish to arrange bespoke training.
City Law School, GDL and BPTC (Outstanding)
• Shannon v Rampersad  EWCA Civ 1641 & Supreme Court (judgment awaited) – whether sleep in workers should receive NMW while asleep, led by Caspar Glyn QC
• Pye v Queen Mary University of London  EWCA Civ 1820 – in which Lord Justice Bean praised Chesca's “high quality” advocacy
• Juric v Look Ahead Care Support and Housing: UKEAT/0091/18/BA (2018) – successfully resisted appeal in whistleblowing case
• Advised a leading commodity broking firm about crossover employment/PI liabilities in context of multi-million pound whistleblowing claim, led externally by James Laddie QC (2017)
• Zerolight v Wolff  EWHC 487 (QB): while seconded to BDBF, successful application for interim injunctive relief to enforce restrictive covenants against a former employee
• Secured a wasted costs order against a firm who held themselves out as acting for named discrimination respondents without authorisation (2015)
• Advised a financial services senior executive on crossover employment/PI claims; settled for a seven figure sum (2015)
• Perry's Motor Sales Ltd v Evans UKEAT/0275/14/BA: successfully resisted an employer's appeal against a finding of constructive unfair dismissal and failure to make reasonable adjustments.
• Acted for a financial sector client in a month-long race discrimination and unfair dismissal trial, led externally by David Craig (now QC) (2014)
• Led by Caspar Glyn QC to act for the Defendant in the then-largest ever single employment and personal injury claim brought in the UK; a stress claim pleaded in excess of £30 million (2013)
Personal Injury and Clinical Negligence
• Led by Simon Taylor QC or William Latimer Sayer QC in over a dozen cases of cerebral palsy arising from clinical negligence at birth or as an infant, including obtaining a settlement with a capitalised value of over £34 million in 2017, and six cases settling for between £11 million and £18 million each
• AAA v CCC (2019) – severe brain injury sustained by a 1-year old in an RTA, settled at RTM for £15.4 million, led externally by Gerard Martin QC
• ABC v Lewisham and Greenwich Trust - Obtained an interim payment of over £1.2 million to enable a property purchase at a contested hearing in 2014, led by Patricia Hitchcock QC. Case later settled in 2016, led by William Latimer Sayer QC, for c. £11.2 million capitalised value
• Obtained an urgent interim payment of £950,000 to fund intensive brain injury rehabilitation required due to early discharge because of Covid-19 (settled before application hearing, led by William Latimer Sayer QC)
• Brown v Morley LTLPI 14/3/2014: above knee amputation sustained in motorcycle RTA. Settled for then-highest recorded AKA figure (c. £4.5 million capitalised) after 10 days of contested remedies trial, led by William Latimer-Sayer
• Currently acting for a double-arm amputee, led by William Latimer Sayer QC, Chesca has been heavily involved in securing various interim payments
• Led by William Latimer Sayer QC in over 10 catastrophic spinal cord injury cases sustained at various levels, a number of whom have become proficient exoskeleton users, one of whom also lost his sight
• Led by Patricia Hitchcock QC in a contested liability tetraplegia case, settled at JSM
• Settled a fatal accidents claim for £975,000 at JSM - unled
• Achieved a number of six-figure settlements unled, including for sexual harassment at work, and motorcycle RTA injuries
• Involved in a number of cases unled involving complex neurological/neuropsychiatric causation issues following mild TBI
• Assisted in recovering one of the highest known Criminal Injuries Compensation Awards (capitalised at over £5 million) as Lisa Sullivan's pupil, led by Simon Taylor QC