"His expertise on whistle-blowing cases shines through and he's very responsive." "He is a phenomenal advocate; he is extremely knowledgeable and an expert on whistle-blowing law." "He is a very good advocate, who is strong and robust. He has good attention to detail."
Chambers & Partners 2021
"The go-to junior for whistleblowing. Knows the subject, and how to present it to judges, backwards. Pragmatic, responsive, and intelligent, he is one to trust with your most important clients."
Jack Mitchell specialises only in employment law and advises on the entire spectrum of claims, but is best known for work on whistleblowing and discrimination claims. He advises on the commercial aspects of employment, providing advice to both corporate and individual clients on a broad range of commercial matters including breach of contract claims, shareholder disputes and partnership issues.
He is regularly instructed in large complex claims in all areas of employment law.
Whistleblowing: Law and Practice (Third Edition), with John Bowers QC, Martin Fodder and Jeremy Lewis, published 2017.
Whistleblowing: Law and Practice (Second Edition) by John Bowers QC, Martin Fodder and Jeremy Lewis, published March 2012, by Oxford University Press.
Whistleblowing: Law and Practice by John Bowers QC, Martin Fodder and Jeremy Lewis, published in 2007 by Oxford University Press.
Whistleblowing: The Disclosure of Wrongdoing by John Bowers QC, Martin Fodder and Jeremy Lewis, published by Sweet & Maxwell 1999.
“His expertise on whistle-blowing cases shines through and he’s very responsive.” “He is a phenomenal advocate; he is extremely knowledgeable and an expert on whistle-blowing law.” “He is a very good advocate, who is strong and robust. He has good attention to detail.”
Chambers & Partners 2021
“The go-to junior for whistleblowing. Knows the subject, and how to present it to judges, backwards. Pragmatic, responsive, and intelligent, he is one to trust with your most important clients.” “Very knowledgeable in the area of employment law and whistle blowing.” “He is very good at translating difficult legal issues into practical, easy to understand advice.”
The Legal 500 2021
“An excellent advocate and a first-class strategist who is very client-friendly.” “Provides clear and direct advice and reads the courtroom well.”
“He’s an extremely effective advocate with a passion for winning. He’s able to cut through to the heart of a case in order to concentrate on the key issues.”
Chambers & Partners 2020
“Extremely user friendly and possesses an encyclopaedic knowledge of whistleblowing law.”
The Legal 500 2020
“An excellent barrister who has superb attention to detail. He is great with clients and immediately instils confidence. He is also a very impressive advocate.”
“He works very hard for his clients, and has good expertise in dealing with NHS whistle-blowing claims.” “A very thorough barrister who shows great attention to detail.”
Chambers & Partners
“He is really personable and approachable, and excellent on his feet.” “He is a real bright spark… he has no weaknesses”
The Legal 500
“A good all-rounder with a specialism in whistle-blowing.”
“His arguments are clear, concise, well presented and easily understood.”
Chambers and Partners
Jack Mitchell called to the Bar in 1994, is a barrister at Old Square Chambers. OSC has a reputation for success in football and rugby litigation issues, and is a popular choice for claimants and defendants in all sports including athletics, boxing, motor racing, horse racing and cycling. OSC advise players, coaches, agents, physiotherapists and team healthcare professionals on all employment and contractual matters. More information can be found by clicking here.
As for Jack, Chambers & Partners, London states: “A name synonymous in the market with high-profile whistle-blowing claims, and someone who has a well established reputation for High Court advocacy … His meticulous preparation is highlighted as a major strength.” “He works very hard for his clients….” “A very thorough barrister who shows great attention to detail.”
To read Jack’s article on whistleblowing in sport, please click here. This two-part article explores whether the existing cultures and regimes of whistleblowing in sport are fit for purpose.
Recent and current work
Dr Dare v. West London Mental Health NHS Trust
Instructed to Appeal to the EAT secured a favourable settlement for whistleblower Dr Dare, the former Clinical Lead of Women’s Unit Broadmoor. The issues have been widely reported in the press, following the removal of the Chair and Chief Executive and a CQC inspection recording substantial issues. For more information on Dr Dare, please see click here.
Thomas and Others v. Quinn and Liberty
Jack was instructed by 48 Claimants in this group litigation, the subject of Presidential Direction Order number 109 that addressed numerous issues including status under the WTR, ERA, holiday pay, terms and the conditions of employment.
Senasinghe v. East Kent NHS Hospitals University Trust
Jack was instructed in his complex discrimination claim including whistleblowing and unfair dismissal. During the trial he was specifically thanked by the Judge for his conduct and in handling various interesting matters during the trial.
An unnamed bank
Acting for a trader who provided key information to UK and USA regulators and also then became a key witness for the Department of Justice (US).
Thurlbeck, Weatherup, Edmunson v. Newsgroup Newspapers Limited
Instructed to represent Mr Thurlbeck regarding his employment claims arising from phone hacking at the News of the World.
Representing a solicitor in an arbitration hearing regarding their alleged breach of contractual and other restrictive covenants where he successfully negotiated a settlement.
Re: an LLP
Advising a law firm on potential breaches of covenant by an existing and departing partner.
Recent reported cases are:
London Borough of Hillingdon v. Meso UKEAT/0450/13/JOJ, UKEAT/0451/13/JOJ, UKEAT/0452/13/JOJ, representing Mrs Meso in a complex and unusual appeal over a claim of race of discrimination. Before the President of the EAT, Jack successfully argued the application of “fresh evidence” under rule 34(3)(d) and rule 34(3)(c) (“interest of justice”) and prevented a finding of discrimination from being overturned.
On 24 June 2014 leading another former member of 3PB, he succeeded in the Court of Appeal before the Master of the Rolls, Lord Justice Sullivan and Lady Justice Sharp in AGBENOWOSSI-KOFFI v. DONVAND LIMITED (T/A GULLIVERS TRAVEL ASSOCIATES)  EWCA Civ 855. The case is an important practical application of the Henderson v. Henderson abuse of process principle, and what is required for a finding of unjust harassment. Having represented the Respondent before the ET and then the EAT.
Jack Mitchell’s knowledge of claims in the NHS is represented by the fact that he has represented Dr Dare, Dr Mattu (leading Joe England) and also Annabelle Blackburn in her preliminary hearing and in the EAT (click here for media coverage).