+44 (0) 20 7421 8051
Fergus specialises in two main areas: employment law, including related commercial disputes, and the cyber, technology and data field.
His employment work includes advice and representation in all the various offshoots of this field, including director/shareholder disputes, restrictive covenants and professional regulation, particularly in the accounting and sports fields. Recent and representative cases include acting for a Premier League football manager in his contractual and unfair dismissal complaint against his former club; for the Easy group of companies defending the dismissal of senior executives; for a claimant in relation to the statutory authorisation regime for glider inspectors.
Fergus is an experienced adviser in the fields of cryptoasset regulation, crypto fraud and tracing claims, breach of platform terms and conditions, relevant GDPR aspects of blockchain and smart contract applications, payment services and non-contentious terms of use.
Key cases & testimonials
EasyJet PLC v. easyJet European Works Council & SoS for BEIS [2022] EAT 162 – Acted for the EWC in successfully resisting the appeal of easyJet, which attempts to oust the jurisdiction of the Central Arbitration Committee following Brexit-related amendments to the UK regulations providing for the establishment of European Works Councils. easyJet’s application for permission to appeal to the Court of Appeal is pending.
Sanderson v Exel Management Services Ltd [2006] ICR 1337 – Acted for the respondent in a pay dispute brought by multiple claimants in relation to the meaning of “normal working hours” under the ERA 1996.
Butt v Children & Family Court Advisory & Support Service (UKEAT/0362/07 30 Nov 2007) – Appeal for claimant on test for disability discrimination and automatic unfair dismissal (for claimant).
Lloyd v BCQ Ltd [2013] 1 CMLR 41 – Resisted a claim from a former director of the company that the existence of a Permanent Health Insurance benefit had the effect of impliedly restricting the contractual power to dismiss.
Nabbumba v Merton Priory Homes (UKEAT/0112/13) – On appeal only for claimant, correcting error in ET’s approach to causation of dismissal under TUPE.
Your presentation on whistle blowing was really effective in getting the important points across. I really do appreciate the support you gave us at such short notice.City Council Legal Department
I have recently instructed Fergus on a protracted employee / shareholder dispute. His knowledge of the law is first class and his ability to get to the crux of the issues whilst remaining commercial was refreshing. I also greatly appreciate the fact that he makes himself available.Partner - Commercial Law Firm London
Mr McCombie’s communication was impeccable and both ourselves and our client were impressed by the fact that he had clearly meticulously studied all the relevant information in detail, and coupled with his expertise and understanding of the crypto and digital asset space was able to bring together all of the points in a manner that was clear and comprehensive.Solicitor - Litigation and Dispute Resolution Law Firm London
Further information
Podcasts
Smart contracts: are they as smart as the people who drafted them? (A view from the Bar)
Podcast – Cyber Litigation: The Legal Principles – A new book – (A View from the Bar)
Postgraduate Diploma in European Law (2000)
BVC, College of Law (1998 – 1999)
CPE, College of Law (1998 – 1999)
BA (Hons), St John’s College, Oxford University (1996)
Diploma in Political Science, Institut d’Etudes Politiques de Paris (1995)