Jane McCafferty KC
Professional Summary
Called 1998 Appointed KC 2019
Contact Details
E Jane.McCafferty@11kbw.com T +44 (0)20 7632 8500 Clerk Martin Pownall Clerk John Ojeda E Contact Clerks
Jane took silk in 2019 and is ranked in Chambers and Partners and the Legal 500, from 2022 editions: “She is a demon of the courtroom and it is a genuine pleasure to watch her cross-examine others in court, as she is in total control of the situation.” “She just terrifies the other side, who you see trembling as she is so good, and she is forensic – you find yourself applauding her in court.” Jane practices in commercial, partnership/LLPs and employment law with particular experience in litigation involving team moves, restrictive covenants, misuse of confidential information, breach of fiduciary duty, civil fraud and contractual disputes. Jane’s practice frequently involves multi-jurisdictional disputes and complex, high value litigation in financial services and regulated markets.
Recent cases include: A v B; Hewlett Packard v Manchester Technology Data AJ [2019] EWHC 2089 (Ch)) (practice guidance on approach to inspection and interrogation of digital data under search and seize order); Gallagher v Bishopsgate Insurance Brokers [2019] (alleged team move and breach of fiduciary duty); ICAP Management Services Limited v (1) Berry (2) BGC [2017] EWHC 1321 (QB) (no TUPE transfer upon share acquisition); Marathon Asset Management v Seddon [2017] I.R.L.R. 503 (Wrotham Park damages for theft of confidential information); and Hosking v Marathon Asset Management LLP [2017] Ch 157 (landmark case on the meaning of ‘remuneration’ in the context of forfeiture of profit share upon breach of fiduciary duty).
Specialisms
Employment
Jane’s employment practice involves high value claims in the financial services sector including bonus disputes, high profile whistle blowing and discrimination claims, often with an international dimension. She has particular expertise in disputes involving FCA/PRA regulated firms or persons and recently co-chaired ELA’s response to the FCA’s consultation paper on the FCA’s power to issue warning notices.
Jane was senior junior in one of the Lawyer’s Top 20 Cases of 2016: the high-profile ‘team move’ dispute between one of London’s most successful fund managers Marathon Asset Management LLP against a departing team of employees.
In 2016, Jane was instructed in the two most high-profile employment tribunal claims of the year. She appeared for Jeremy Clarkson in the well-publicised employment tribunal claim brought by his former producer against the BBC, and advised Chelsea FC in relation to aspects of the tribunal claim brought by former Chelsea team doctor Eva Carneiro.
Commercial Dispute Resolution
Jane has established a thriving practice as the ‘go to’ senior junior for commercial disputes involving fraud or wrongdoing by individuals leaving a business to set up in competition, especially where there is an employment or partnership/LLP angle.
A distinguished advocate, Jane has particular expertise in complex, multi-party litigation and arbitrations involving ‘team moves’, misuse of confidential information or civil fraud by directors, partners and employees. She has specialist knowledge of, and expertise in, the financial services and asset management sectors and is regularly instructed to seek or resist applications for injunctive relief.
Recommendations
“Magnificent – a great cross-examiner, who is client friendly, razor-sharp, and across all the detail” Legal 500
“She is brilliantly intelligent, has excellent analytical skills and a superb strategic approach” Chambers & Partners
“She has an ideal mix of strengths: absolutely cutting analysis of the legal issues, but also a real fighter who is excellent on her feet” Chambers & Partners
“Fantastic in cross-examination and can be relied upon for very complex cases.” Legal 500
“Truly superb and a very, very good advocate: she’s absolutely amazing on her feet.” Chambers & Partners
“You know she has the breadth of expertise to fight your corner and get the best result.” Chambers & Partners
“One of the best cross-examiners and impresses with her work on difficult cases” Legal 500
“Incredibly bright and client-friendly” Legal 500
“A very impressive senior junior of silk quality” Legal 500
“She is very, very clever, and also clearly a fighter, and it is that combination which makes her so deadly” Chambers & Partners
“She has an encyclopaedic knowledge of cases and combines personability with razor-sharp advocacy” Chambers & Partners
“Her contribution to cases is simply stunning” Legal 500
A “superstar” experienced in complex multi-party litigation who “focuses her energy on the things that matter” Who’s Who Legal
“A super-brain, who is exceptionally brilliant on financial services matters because she really understands the sector” Chambers & Partners
“continues to display a level of skill and professionalism beyond her year of call” Legal 500
“technically excellent” “leading KC in the making” Chambers & Partners
“Absolutely superb, she is possibly the best senior junior I have ever worked with. Phenomenal in every respect” Chambers and Partners
Recent Cases
ICAP v Berry
[2017] IRLR 811; [2017] 3 Costs LR 531, [2017] EWHC 1321 (QB), QBD, June 6 2017
Sale of the entire shareholding in a business to another company did not amount to a transfer for TUPE purposes when the two businesses remained distinct.
Hosking v Marathon Asset Management LLP
[2016] EWHC 2418 (Ch)
Senior junior in this landmark case on the meaning of ‘remuneration’ in the context of ‘claw back’ of profits following breach of duty. Far-reaching ramifications for remuneration in financial services funds which are structured as LLPs.
Tymon v (1) Clarkson and (2) BBC
2016
Instructed for former Top Gear presented Jeremy Clarkson in the race discrimination claim brought by a BBC producer after the well-publicised ‘fracas’.
Dr Eva Carneiro v Chelsea FC and Jose Mourinho
2016
Instructed to advise Chelsea FC on aspects of high profile discrimination employment tribunal claim brought by former team doctor
EG Solutions PLC v Hughes, HQ16X01432
2016
Instructed in claim to enforce restrictive covenants against former employees and new employer after contested hearing for interim relief.
Kingswood IOPTUS Steele Limited v Apex & others
2016
Sole counsel instructed on application for injunctive relief on behalf of corporate and individual defendants in claim alleging breach of contract and conspiracy in setting up in competition/diverting business following previous merger of companies.
Deer v University of Oxford
[2015] EWCA Civ 52
Sole counsel for the University before the CA which held that a former employee did not suffer a detriment for the purposes of the victimisation provisions of the Equality Act 2010 when her former employer, relying on legal advice, decided not to respond to a Subject Access Request under the Data Protection Act 1998 in order to preserve its position in litigation.
Education
First class degree in Law from Newnham College, Cambridge.
George Long Prize for Jurisprudence
Scholar of Newnham College and a Squire Scholar of the University.
First in LLM in European Community Law (Cantab)
Placed first in University in the Law and Policy of the Single European Market.
