David Craig
Born: 1972
Call: 1997
Contact
Essex Court Chambers
24 Lincoln's Inn Fields, London WC2A 3EG
Tel: 020 7813 8000 Fax: 020 7813 8080
dcraig@essexcourt.net
Contact my clerk
About
David Craig is widely recognised as a leading junior in employment law, including by both of the leading independent directories – Chambers UK and the Legal 500.
He does the full range of employment work at first instance, in both the Employment Tribunal and High Court, and at appellate level, and acts for employees (generally senior executives) and employers (frequently in the financial services industry).
In the Tribunal he focuses on complex, and generally high-value, whistleblowing and discrimination claims, although he also does the full range of statutory claims (including under the Working Time Regulations and TUPE).
His High Court practice, which overlaps with his commercial work, involves wrongful dismissal and bonus claims, share scheme/phantom share scheme and share option disputes, permanent health insurance claims, and litigation arising in respect of alleged breaches of confidentiality, fiduciary duties and restrictive covenants, where he is also frequently instructed to seek or resist applications for injunctive relief.
David was appointed Junior Counsel to the Crown (the Attorney General’s B Panel) in April 2005.
He was shortlisted for Chambers UK’s Employment Junior of the Year Award 2009.
Recommendations
The "courteous, methodical and knowledgeable" David Craig is excellent with clients (Chambers UK 2010)
Also attracting praise is the ‘bright and very accessible‘ David Craig who delivers ‘good insight coupled with an extraordinary work ethic‘ (Legal 500 2009)
Clients find that “star in the making” David Craig “ticks all the boxes due to his charm, pragmatism and responsiveness.” He “seamlessly integrates himself into a team and really puts his back into it.” Described by some as ‘Mr Bonus’, Craig is a particular favourite of solicitors as he “cuts to the chase and doesn't back away from his advice.” (Chambers and Partners, 2009)
David Craig is a “rising star” who “more than holds his own” against his rivals with partners stating he is “one of the best barristers’ they have used” (Legal 500, 2008)
David Craig stands out for being “really user-friendly”. “Excellent” on discrimination cases and “the guru amongst the juniors on bonus disputes”, clients find him “committed, energetic and down-to-earth” (Chambers and Partners, 2008).
David Craig is a shining advocate who comes highly rated by solicitors, a rising star (Legal 500, 2007)
Recent cases
Recent reported cases of note include the following:
MSHK Ltd v Cook [2009] IRLR 838 (CA) – application of principles of affirmation in relation to alleged repudiatory breaches of contract by employee.
Smith v HMRC [2009] SFTD 731 – whether disposal of shares acquired by employee under share option scheme were chargeable to tax where the original options had been taxed.
Sugar v BBC [2009] 1 WLR 430 (HL); [2010] 1 All ER 782 (HC) – raising issues as to the jurisdiction of the Information Tribunal in relation to appeals from the Information Commissioner (House of Lords) and the meaning of whether information was held for purposes other than journalism (High Court) in respect of a Freedom of Information Act request made for the Balen Report, commissioned by the BBC in relation to its coverage of the Arab-Israeli conflict. The journalism issue is due to be heard by the Court of Appeal in May 2010.
Tradition Securities and Futures SA v X & Y [2009] IRLR 354; [2009] ICR 88, [2008] IRLR 934 – a high profile race, religious and sex discrimination claim raising a number of significant legal issues including the territorial jurisdiction of the Tribunal in respect of acts of discrimination said to have taken place in another EU country prior to employment with the same employer in the UK, and the proper approach to be taken to Restricted Reporting Orders.
Atkins v Coyle Personnel plc [2008] IRLR 420 – the first case to reach the EAT on a dismissal alleged to have been connected with the taking of paternity leave. The EAT considered that the words “connected with” meant causally connected rather than some vaguer, less stringent connection.
Keen v Commerzbank AG [2007] ICR 623 – a case in which the Court of Appeal considered the legal and evidential burden applicable to claims that a discretion as to bonus had been awarded perversely or irrationally, and the applicability of the Unfair Contract Terms Act 1977 to employment contracts.
O’Hanlon v Commissioners of HM Revenue & Customs [2007] ICR 1359 – a case in which the Court of Appeal considered the scope for claims under the Disability Discrimination Act that limits on sick pay entitlements discriminated against the disabled sick.
British Airways plc v. Noble [2006] ICR 1227 – Working Time
Regulations
Horkulak v. Cantor Fitzgerald International [2005] ICR 402 (CA) – approach to discretionary bonuses
Education
Inns of Court School of Law (Outstanding)
City University - CPE (Commendation)
Cambridge University - Criminology M.Phil (Distinction - Manuel LopezRey Prize for Criminology)
Manchester University - Psychology BSc. Hons (First Class)
University College School
Awards
Inner Temple Major Scholar
Duke of Edinburgh Scholar
Professional associations
David Craig is a member of ELBA, ELA, ILS, COMBAR and PNBA.
Areas of practice
