Patrick Green undertakes interesting and unusual cases, predominantly in the fields of commercial law, judicial review and employment law. He regularly appears in court, including the Court of Appeal, Administrative Court and Employment Appeal Tribunal.
He has been an accredited mediator since 1997 and co-founded the mediation organisation ResoLex, based at the IDRC in Fleet Street.
He lectures at the LSE and internationally on mediation and negotiation.
Economic torts, misfeasance & conspiracy claims
Complex cases often involving cross-over between various areas of law.
Representative Cases
- Ongoing commercial conspiracy / intimidation case, 2011, QB
- Kyrri-Royle & Ors v Oldham & Ors [2007] EWCA Civ 1504
- Weeks v Governors of Fitzwimarc School & Essex County Council, 2005, QB
Employment
A range of leading employment cases in a variety of areas, including several in the Court of Appeal or above.
Representative Cases
- Autoclenz Ltd v Belcher & Ors [2011] UKSC 41 (leading case on employment and worker status/sham contracts)
- Jones v Neath Port Talbot, CA, 2011 (liability of LEA for dismissal)
- Shanks v Unilever [2010] EWCA Civ 1283 (leading employee patent compensation case)
- Neary v Hertfordshire County Council, CA, [2009] EWCA Civ 1190 (relief from sanctions and appellate jurisdiction)
- Jackson v Computershare Investor Services Plc, [2007] EWCA Civ 1065 (TUPE and post-transfer benefits)
- ABC News International Inc v Gizbert UKEAT/0160/06 (Journalist refusing to go to Iraq)
- Pinnington v City and Council of Swansea and Governing Body of Ysgol Crug Glas School [2005]
- EWCA Civ 135 (Whistleblowing detriment)
Administrative Law & Judicial Review
A variety of regulatory, local government and health cases.
Representative Cases
- R (JBOL) v Health Protection Agency, 2011, Admin and CA (IVD Directive and guidance for microbiological sampling and culture)
- R (Hertfordshire County Council) v Hammersmith & Fulham London Borough Council, CA,2011 (LA responsibility for mental health after-care services)
- Beacon Roofing Ltd v CITB, CA, 2011 (Levy appeal – ‘purpose’ of contract)
- R (Assura Pharmacy Ltd) v NHS Litigation Authority, 2008, Admin, 2008
Restraint of trade, breach of confidence /privacy and fiduciary duties
Drafting, advice, urgent injunctive relief and contested trials in this area.
Representative Cases
- AFEX LTD v IFX & ABBASSI [2010] EWHC 1178 (Ch)
- WXY (2011) QB
Employee Patent Compensation
Patrick Green appeared for Professor Shanks in the only employee patent compensation case to go the Court of Appeal. He has also been instructed in other such cases. This is a highly specialised area of practice.
Representative Cases
- Shanks v Unilever [2010] EWCA Civ 1283 (leading employee patent compensation case)
EU
Cases before the UK courts, the CFI and the ECJ, involving points of EU law
Representative Cases
- Earthshine v HMRC, FTT(Tax), 2010-11 (VAT, MTIC fraud)
- R (JBOL) v Health Protection Agency, 2011, Admin and CA (IVD Directive and guidance for microbiological sampling and culture)
- Masdar (UK) Ltd v Commission of the European Communities (Case C-47/07 P) (ECJ – non-contractual liability of EU Commission) 16 December 2008
MTIC fraud
VAT cases concerning alleged Missing Trader or Carousel VAT fraud
Representative Cases
- Earthshine v HMRC, FTT(Tax), 2010-11 (VAT, MTIC fraud)
- Autoclenz Ltd v Belcher & Ors [2011] UKSC 41 (employment status/sham contracts)
- CITB v Beacon Roofing Ltd, CA, 2011 (‘purpose’ of contract, levy scope)
- Jones v Neath Port Talbot, CA, 2011 (liability of LEA for dismissal)
- R (Hertfordshire County Council) v Hammersmith & Fulham London Borough Council, CA,2011 (LA responsibility for mental health after-care services)
- Shanks v Unilever [2010] EWCA Civ 1283 (employee patent compensation)
- Clarke v Cardiff University, Admin, 2009 (judicial review of BVC exam result)
- Neary v Herts County Council, CA, 2009 (relief from sanctions and appellate jurisdiction)
- Saxton v Sec of State for Transport 2009, CA/Lands Tribunal, 2009 (injurious affection of land and damages)
- Masdar (UK) Ltd v Commission of the European Communities (Case C-47/07 P) (ECJ – non-contractual liability of EU Commission) 16 December 2008
- Ongoing commercial conspiracy / intimidation case, 2011, QB
- Kyrri-Royle & Ors v Oldham & Ors [2007] EWCA Civ 1504 (commercial conspiracy) UKEAT/0160/06
- Bernice Pinnington v City and Council of Swansea and Governing Body of Ysgol Crug Glas School [2005] EWCA Civ 135 (Whistleblowing detriment)
- Weeks v Governors of Fitzwimarc School & Essex County Council, 2005, QB (Education / misfeasance / conspiracy case)
Call: 1990 Silk: 2012
Education & Scholarships
BA (Law) Cantab 1989
Bar Scholar to the EC Commission (DG IV) 1992
Pegasus Scholar (Bermuda & USA) 1995
Appointments
- CEDR Accredited Mediator 1997
- Visiting Fellow of London School of Economics 2005
Memberships
- COMBAR
- ELBA
- ALBA
Publications
- Halsbury’s Laws, Vol 37, Practice & Procedure
- Manual of Employment Appeals








