Paul O'Callaghan LLB (Hons)
Membership Status: Barrister - Full Member
General Information
Called to the bar at Gray's Inn in 2008, Paul is a specialist employment and civil barrister. He joined Clerksroom in 2013, having previously practised as a solicitor-advocate with a national firm of solicitors.
An experienced and tenacious advocate, Paul is based in Cardiff but can attend court anywhere within England and Wales. He regularly provides drafting and advisory services to solicitors who routinely instruct him to attend hearings. Flexible and approachable, Paul is always willing to have an informal discussion about a case or query at any stage in proceedings.
Paul accepts instructions from the public on a direct access basis and has been granted full litigation privileges. He has received excellent feedback from both lay and professional clients and always welcomes feedback so that he can continue to improve upon the service that he provides.
Areas of law
- Employment Law
- Property Law
- Contract Law & Business Disputes
- Personal Injury
Employment Law
As a specialist employment lawyer, Paul regularly appears at tribunals nationwide, but he prides himself on a conciliatory approach to employment disputes. The vast majority of cases that he deals with settle amicably without the need for a trial which ultimately saves time and costs.
Paul's employment work is generally split at 75% claimant and 25% respondent. He has successfully handled claims against major multi-national companies as well as public sector organisations.
Paul is regularly instructed by major insurers to provide legal opinions, and he also provides advice and assistance to employees and employers involved in disciplinary and grievance procedures. He recently acted in a group litigation case against an international bank represented by a Magic Circle law firm and Queen's Counsel. Paul was able to negotiate a settlement on behalf of the group in excess of £400,000.
Civil Law
Paul maintains a busy civil litigation practice which includes acting in property, contract and business disputes as well as personal Injury.
Memberships
- Employment Lawyers Association (ELA)
- Association of Personal Injury Lawyers (APIL)
- Road Traffic Group
- Personal Injury Group
- Clinical Negligence Group
- Motorcycle PI Group
- Inquests Group
- Industrial Disease Group
- Fraud Group (Claimant) - RTA & PI Fraud Counsel
- Credit Hire Group
- Defendant Credit Hire Group
- Costs Group
- Employment Law Group
- Contract Law Group
- Consumer Credit Group
- Sale of Goods Group
- Landlord & Tenant Group
- Insolvency & Bankruptcy
- Public Access Accredited Group (also authorised to conduct litigation under Public Access rules)
Personal Interests
When not in court, you may find Paul 'relaxing' by entering endurance running events. His marathon personal best is 2 hours and 59 minutes. Paul was proud to represent Team GB at the Sydney Olympics in 2000, and after a long hiatus, has recently returned to his sport of target shooting. He is also a commercial pilot and qualified flying instructor.
Feedback
Publications
Whitbourn, Atherton, Neto -v- Key People Limited (1) Just Recruit Group Limited (2)
Paul represented three claimants on a direct access basis from day one through to a successful conclusion after a fully contested trial. The tribunal found that all three claimants were unfairly dismissed and Miss Whitbourn was discriminated against on the grounds of sex. The total award was in excess of £200,000, and the case was also reported in the national media. Both respondents were legally represented by expensive London solicitors who repeatedly threatened my clients with costs.
https://assets.publishing.service.gov.uk/media/606ec60ee90e076f4901996a/Mrs_P_Whittbourn___Others_v_Key_People_Limited___Others_-_3303448_2019___Others_-_Reserved_Judgment.pdf
https://www.dailymail.co.uk/news/article-9453301/Recruitment-firm-boss-didnt-approve-office-romances-forced-pay-100-000.html
Phillips -v- Pontcanna Pub Company Limited
Paul was instructed by local solicitors and represented a young female bartender who was violently choked by a colleague at a work Christmas party. The claimant complained to management, who turned a blind eye to the perpetrator’s conduct and sought to downplay the incident, even making jokes about it. The claimant resigned and brought a claim of constructive unfair dismissal. Her claim was successful following a trial where the respondent was represented by solicitors and counsel who threatened to make an application for costs if the claim was not successful. The case was widely reported in the media.
https://www.walesonline.co.uk/news/wales-news/manager-cardiff-bar-strangled-until-15391665
https://www.thesun.co.uk/news/7909259/bar-manager-headlock-passes-out-hits-head-christmas-party/
https://assets.publishing.service.gov.uk/media/5c07f01ced915d7455f5165d/Miss_Molly_Phillips_v_Pontcanna_Pub_Company_Ltd_-_1600719.2018_-_Judgment.pdf
Professor T Ahmed -v- United Lincolnshire Hospitals NHS Trust
The claimant instructed Paul directly and Paul represented him at a 10-day hearing before the Nottingham Employment Tribunal. The claimant’s claims of unfair dismissal, direct discrimination (race) and victimisation were upheld following a botched disciplinary hearing. The respondent NHS Trust fought the claim vigorously and sought to discredit the claimant’s evidence at trial, but the tribunal was highly critical of the respondent’s procedure in their judgment. The case was reported in the media, and a remedy hearing will be listed to determine compensation which is likely to be significant.
https://www.dailymail.co.uk/news/article-11010187/NHS-trust-lose-racism-case-against-sacked-Asian-professor-accused-playing-race-card.html
https://assets.publishing.service.gov.uk/media/62cd432dd3bf7f3006989d58/Prof_T_Ahmed_v_United_Lincolnshire_Hospitals_NHS_Trust_22600767.2020.pdf
Ahmed -v- Medexpress Limited
Paul represented the respondents on a direct access basis and successfully defended multiple claims, including constructive dismissal, discrimination on the grounds of race and sex as well as whistleblowing detriment during the course of a ten-day trial. The case was reported in the national media, and the judgment was circulated to the parties recently and is due to be published in the near future.
https://www.dailymail.co.uk/news/article-10423031/Worker-London-pharmacy-selling-Viagra-boasted-size-manhood-tribunal-hears.html
