Oscar Davies

Year of Call: 2018

“Oscar is very knowledgeable about employment appeal procedures, and is warm and empathetic. They are particularly good with vulnerable clients.”

Legal 500, 2024 (Employment)

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Oscar is ranked as a Tier 1 ‘Rising Star’ in the Legal 500. Oscar undertakes a range of civil and public law work, including employment, human rights, commercial and property/housing.

Oscar has appeared in the Court of Appeal, High Court and County Court in a number of varied cases. They are experienced in drafting pleadings and other documents on urgent and non-urgent matters.

Oscar also has an international practice, and as a fluent French speaker, is the recipient of the Paris-London Bar Scholarship 2023 (Pegasus Foundation), and the Sir John Priestley Award 2018 (Inner Temple) having worked in Luxembourg at the European Court of Justice.

Oscar is authorised to accept instructions directly from lay clients, under the Bar Council’s public access scheme.

Commercial

Oscar previously worked at a commercial/civil chambers and has drafted skeleton arguments for the Court of Appeal, recently appearing as a junior in a matter on appeal concerning injunctive relief against persons unknown. Oscar is also familiar with and drafting freezing injunctions which require speed and efficiency.

Oscar has appeared as sole counsel in numerous High Court commercial claims and multi-track disputes.

Oscar was led as a junior in the Commercial Court in the group action of Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 1327 (Comm), representing some 280 claimants who were subject to misrepresentation when purchasing properties abroad.

Oscar is happy to advise on contractual claims, misrepresentation, guarantees, supply of goods and services, finance and credit transactions, company and partnership disputes.

Oscar regularly provides advice on the directors’ duties and the mechanisms contained within the various Companies Acts. Oscar can advise throughout the insolvency process including in relation to statutory demands as well as final petitions both for creditors and debtors.

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Employment and Discrimination Law

Oscar is ranked as a Tier 1 Rising Star in the Legal 500 2024 for employment law matters. “Oscar is very knowledgeable about employment appeal procedures, and is warm and empathetic. They are particularly good with vulnerable clients.”

They appear frequently in the Employment Appeal Tribunal (EAT) and employment tribunals. Oscar provides advice, written or oral, on all aspects of employment law, including unfair dismissal, victimisation and different types of discrimination.

Oscar has considerable experience in belief claims. Oscar represented a claimant where the tribunal found that his political belief could be considered a protected characteristic under the Equality Act 2010 (Moore v Southern Housing Group Limited ET 2301442-2020). Oscar has also represented a number of trans and non-binary clients.

They also have particular expertise in Covid-19 related cases. Oscar acted in a 12 day trial as sole counsel representing three care home workers who were dismissed for not taking the vaccine (see Mrs G Dimitrova and others v Barchester Healthcare Ltd: 1803315/2021 and others).

Oscar is particularly adept at dealing with costs points in the employment tribunal (see Mr R Clarke v Bristol Sport Ltd: ET 1403993/2021).

They also have experience in pensions work. During pupillage, Oscar assisted in the Safeway Ltd v Newton [2018] appeal, following its reference to the ECJ on the retrospective levelling down and equalisation of pension benefits. They have worked on a case involving the Pension Protection Fund and its operation vis-à- vis EU law.

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Public Law and Human Rights

Oscar has drafted applications to the European Court of Human Rights and has undertaken judicial reviews in a number of public law cases.

Oscar is particularly knowledgeable on the applicability of Convention rights in different types of cases. Oscar recently wrote a chapter on the applicability of Convention rights in domestic and international cases for the second edition of ‘A Practical Guide to Transgender Law’ by Robin Moira White & Nicola Newbegin.

Further, Oscar has co-written an article on the Elan-Cane judicial review case, ‘Elan-Cane: has the Supreme Court created a two-tier system between binary & non-binary genders?’ for the New Law Journal and the UK Supreme Court Blog which can be read here.

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Garden Court International

Oscar often deals with matters that contain an international element. Before coming to the Bar, Oscar assisted Judge Christopher Vajda at the European Court of Justice (Luxembourg), working on complex cases involving the right to be forgotten, public procurement and the presumption of innocence. More recently, Oscar also worked in Paris thanks to the Paris-London Bar Scholarship, funded by the Pegasus Foundation, assisting on cases in different Parisian courts and law firms in French.

Oscar was instructed as second junior in a group action brought by some 280 claimants for negligent misrepresentation/negligent misstatement (UK residents buying holiday homes in an EU country), which included preparation for and participating in a 6 week trial in the Commercial Court (Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 1327 (Comm)).

Oscar has drafted freezing injunctions, an application to set aside English bankruptcy proceedings pending international proceedings, and an application for recognition of an international judgment.

Oscar also assisted a KC to advise on a multi-million dollar claim brought under the tort of deceit. This involved complex issues of jurisdiction and serving the defendant outside of England and Wales using the various jurisdictional gateways.

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Media and Entertainment

Oscar has appeared in the High Court as sole counsel for defamation and privacy proceedings.

Oscar previously trained at a boutique media law firm, where they worked on matters including the Hewson v Times Newspapers [2019] litigation. They are happy to advise on cases involving defamation, privacy, data protection, harassment and injunctive relief.

Oscar has drafted contracts and advised in settlement for people working in creative industries such as musicians, record labels and fashion brands.

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Non-Binary and Trans rights

Oscar is the first publicly recognised non-binary barrister in the UK.  Oscar has lots of experience representing trans and non-binary clients in a number of areas in civil and public law.

Oscar is a contributor to the second edition of ‘A Practical Guide to Transgender Law’ by Robin Moira White & Nicola Newbegin, writing the chapter on Convention rights. Oscar co-wrote an article on the Elan-Cane case for the New Law Journal which can be read here.

Oscar advocates for trans and non-binary rights and legal change in this area and creates resources via their social media. Oscar is often asked to interview, speak on panels and seminars regarding developments in areas that affect trans and non-binary people. Oscar was nominated for the 2022 British LGBT Awards in the category ‘Outstanding Contribution to LGBT+ life’ for their work in this field.

Oscar is currently writing a book on non-binary recognition and how the law may better convey and deconstruct the gender/sex binary. Oscar recently wrote an article for i news on this topic that can be read here.

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Property and Housing

Oscar’s commercial and residential property practice includes possession, gas injunctions, disrepair and dilapidations, breach of covenant/forfeiture, and management and service disputes. They represent both tenants and landlords.

Oscar has experience of providing advice on inheritance disputes, in particular cross border succession cases involving conflict of laws. Oscar has also drafted pleadings for Inheritance Act cases.

Oscar is also familiar with:

  • Acting in claims under the Trusts of Land and Appointment of Trustees Act 1996 Acting in section 8, section 21 and Rent Act 1977 possession proceedings
  • Acting in claims using public law defences
  • Acting in forfeiture proceedings
  • Acting and advising in claims under the Landlord and Tenant Act 1954 Appearing in applications for charging orders.

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Notable Cases & News

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Background

Oscar provides advice and representation pro bono via Advocate, the Bar’s national charity that helps members of public find free legal help from barristers. Oscar is a certified ‘25 for 25’ hours barrister for Advocate. Oscar is committed to enabling social mobility at the Bar. They are a mentor at Bridging the Bar, an organisation which helps those from under-represented backgrounds gain access the Bar.

Oscar is also a committee member of FreeBar, an organisation which aims to promote diversity and inclusivity of LGBT+ members and staff at the Bar.

Prior to commencing pupillage, Oscar worked in Luxembourg at the European Court of Justice as a trainee/stagiaire to Judge Christopher Vajda, with the assistance of the Sir Joseph Priestley Award from Inner Temple. 

Oscar was also previously a paralegal in a boutique law firm so understands the needs and pressures of solicitors in their practice.

Publications

‘A Practical Guide to Transgender Law’ by Robin Moira White & Nicola Newbegin, second edition (to be released).

I’m the UK’s first non-binary barrister – 30,000 non-binary Brits like me need legal protection’, the i newspaper (Independent), July 2023

Default setting in the county courts: Have we learnt nothing from lockdown? A plea for defaults to be set on remote/in-person hearings in county’, Counsel Magazine, April 2023

‘GENDER IDENTITIES: A TWO-TIER SYSTEM?’, New Law Journal (February 2022)

Training and Seminars

Oscar is happy to deliver seminars on any of the above-mentioned areas of law. They are often asked to speak on panels regarding discrimination and diversity and inclusion issues.  

Awards

  • Paris-London Bar Scholarship (2023), Pegasus Foundation, Inner Temple
  • Sir Joseph Priestley Award (2018), Inner Temple
  • Daniel Lett Scholarship (2016 and 2017), Christ’s Hospital
  • John Taylor Book Prize (2014), King’s College London

Education

  • BPTC LLM (Very Competent) – City, University of London
  • GDL (Commendation) – City, University of London
  • French and History BA (First Class Honours with Distinction in spoken French) – King’s College London, with an exchange in Paris at the Ecole Normale Supérieure, and in Quebec at the Université Laval.

Languages

  • French (fluent)

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