Recommended by the Legal 500 for his work in the fields of product liability, in which he was said to show "fantastic experience" and in commercial property litigation, Noel has also gained particular distinction in commercial and employment law.  His practice has developed across a wide range of fields and industries.  Whether as a lead advocate or as a member of a team of large-scale group actions, Noel’s industrious work ethic and keen, practical advice have attracted plaudits from a wide range of clients.

Commercial and Property

Noel has experience of a broad range of property-related commercial transactions, but has developed particular expertise advising property developers following his success in the Court of Appeal case of Risegold Ltd v Escala Ltd [2008] EWCA Civ 1180, [2008] 1 EGLR 13, [2009] 1 P & CR D24.  He appeared on behalf of the Defendant developer in JS Bloor Ltd v Pavillion Developments Ltd [2008] EWHC 724 (TCC), which successfully resisted a claim by contractors in respect of improvements gratuitously carried out to a care home development.  He also recently appeared on behalf of the Defendant to a claim for a commercial constructive trust over an air-conditioning supply company in Merlo v Duffy [2009] All ER (D) 91 (Feb).  He very recently appeared in Panayiotou v  Nicolaou [2010] EWCA Civ 569 on behalf of the Respondent wife, whose constructive trust was upheld by the Court of Appeal.  In Parkinson v Hawthorne (2008), Noel appeared pro bono on behalf of a judgment creditor, establishing a right to inspect to the Index of Proprietor’s Names on enforcement.  Noel appeared as lead advocate in all the above cases.

Representative Cases

  • Risegold Ltd v Escala Ltd [2008] EWCA Civ 1180, [2008] 1 EGLR 13, [2009] 1 P & CR D24
  • JS Bloor Ltd v Pavillion Developments Ltd [2008] EWHC 724 (TCC)
  • Parkinson v Hawthorn [2008] EWHC 3499 (Ch)
  • Merlo v Duffy [2009] All ER (D) 91 (Feb)
  • Panayiotou v  Nicolaou [2010] EWCA Civ 569
  • Cusack v Harrow London Borough Council [2011] EWHC 460 (QB)

Commercial 

Noel regularly appears in and advises on disputes involving all aspects of commercial contract law, including asset finance, sale of goods and supply of services, consumer credit and financial services claims. Examples of recent experience include obtaining an urgent worldwide freezing injunction, acting for insurers in a subrogated claim for property damage arising out of a floods,  acting in professional negligence claims against solicitors and various Consumer Credit Act Claims.

Representative Cases

  • In Rankine v MBNA [2007] EWCA Civ 1273, Gage LJ referred to the “attractive submissions” made in a skeleton argument produced by Noel pro bono on the Appellant’s behalf, in dealing with formal objections to the enforceability of CCA-regulated agreements.

Product Liability

Noel has worked on various large-scale pharmaceuticals-based claims including Sabril and Seroxat. He also has extensive expertise in vehicle-related product liability cases, including SUV roll-overs and allegations concerning defective car-parts, particularly tyres.
Noel has served as sub-editor in the Kluwer Encyclopaedia of Product Liability

Representative Cases

  • The Sabril Group Litigation
  • The Seroxat Group Litigation
  • The Colombian Farmers’ Litigation

Employment

Noel has garnered wide-ranging experience as an advocate in employment-related work. He has advised and represented applicants and respondents in unfair dismissal and equal pay claims, claims of sex, race, disability, sex orientation and religious discrimination and has developed a niche in whistleblowing, TUPE and restraint of trade cases, particularly in the IT industry.

Representative Cases

  • Coutinho v Rank Nemo DMS Ltd [2009] IRLR 672, The Times 8 June 2009 (Could non-payment of previous Tribunal award constitute post-termination victimisation?)
  • Onwuka v Spherion Technology (UK) Ltd and ors [2008] All ER (D) 67 (Feb) (Perversity / Discrimination /TUPE transfers)
  • Onwuka v Spherion Technology (UK) Ltd and ors [2007] All ER (D) 250 (May) (TUPE)
  • Onwuka v Spherion Technology (UK) Ltd and ors [2004] All ER (D) 153 (Dec) (Tribunal’s Jurisdiction to order a joinder)
  • Finney v Miles Platts Ltd, UKEAT / 0150 / 04 (Disparity between oral reasons and written reasons)
  • Peacehaven & Telscombe Help Service and Volunteer Bureau, UKEAT / 0461 / 03 (Mitigation of loss)

Health and Safety

Noel has broad experience in the Crown Court and in the High Court in cases involving a significant element of health and safety. He was instructed in commercial litigation arising out of the Ladbroke Grove rail disaster and he represented Multiplex plc in inquest proceedings arising from Wembley Stadium construction.
Noel has addressed a number of H&S groups, including the Kent Health and Safety Group on Corporate Manslaughter and regularly delivers lectures and seminars to industry.

Administrative Law and Judicial Review

Noel has been involved in a number of significant housing / Judicial Review cases, notably, R (Lin) v Barnet LBC [2007] EWCA Civ 132, [2007] LGR 454 concerning the housing allocations policy for homeless and other applicants and R(B) v Barnet LBC [2009] All ER (D) 294 (Nov) concerning the sufficiency of assessments under the Children Act 1989.  He also appeared on behalf of the appellant in K v G [2009] All ER (D) 128 (Oct), the first succesful appeal against a decision to reject an application under s.29 of the Mental Health Act 1983.
 
He also has extensive experience in the Human Rights field. In 2000, he worked as a stagiaire with Avocats sans Frontières in Brussels and, in line with Chambers policy, he spent a month of his pupillage in the Brussels-based law firm, Stanbrook and Hooper.During his tenure as Judicial Assistant to Lord Phillips, M.R., the majority of his research work was in areas involving significant European (Brussels and Strasbourg) influence, arising out of appeals from the Administrative Court or from Tribunals in immigration, environmental and social security cases. He also worked on cases falling with the exclusive jurisdiction of the Master of the Rolls in Law Society appeals.  He regularly carries out training in Human Rights and procurement to local authorities and other public bodies.

Representative Cases

  • R (Lin) v Barnet LBC [2007] EWCA Civ 132, [2007] LGR 454 concerning the housing allocations policy for homeless and other applicants
  • R (B) v Barnet LBC [2009] All ER (D) 294 (Nov) concerning the sufficiency of assessments under the Children Act 1989. 
  • K v G [2009] All ER (D) 128 (Oct).

Call: 2001   

Education & Scholarships

  • BA (Hons) (Oxon) Double First Class  (Jodrell Scholar, Many Essay Prize)
  • CPE  - Distinction, Top in Year
  • Major Scholar
  • Princess Royal Scholar
  • Duke of Edinburgh Scholar
  • Pegasus Scholarship (2005)
  • “Distinguished Oralist” at the Willem C Vis International Commercial Arbitration Moot 2002

Appointments

  • Judicial Assistant to Lord Phillips M.R. (now President of the Supreme Court)

Memberships

  • Employment Law Bar Association
  • Health and Safety Lawyers Association

Publications

  • "Commission Disclosure: more freedom of information", New Law Journal (23 November 2001)
  • "Smoking out Smugglers", Solicitors Journal (10 January 2003)
  • “Suspended possession orders and tolerated trespassers” with Adam Heppinstall, Henderson Chambers, Landlord and Tenant Review (Volume 7, issue 5)
  • “Long-tail liability: a matter of wording” Personal Injury Law Journal PILJ (2010) No. 90, 1 November 2010.
  • Legal 500 2010