In Sinclair Pharmaceuticals Limited v Burrell [2025] EWHC 1602 (KB), the High Court ruled on an application to set aside an order for delivery up obtained without notice to the first defendant (D1), a lawyer who had brought an employment tribunal claim for unfair dismissal. D1 and her husband (D2) alleged that confidential information relating to D1’s alleged sham redundancy had been delivered anonymously by hand, and that D1 had not read or heard contents. The defendants had sent copies to the employment tribunal, despite being instructed by the claimant not to do so, and the claimant then (apparently in retaliation) applied for (and obtained) the without-notice order for delivery up.
The High Court determined that the without notice application made by the claimant was unjustified, lacked adequate disclosure of relevant material facts, and failed to provide even informal notice to the defendants. It also stated that the most appropriate forum to adjudicate the substantive issues, including allegations concerning legal professional privilege and iniquity, was the employment tribunal.
Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.
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