Edward Morgan KC

Overview

Employment

Ed’s advocacy is undertaken in the Employment Tribunal/High Court (including Northern Ireland) and within Disciplinary Proceedings and extends to all claims within the Tribunal jurisdiction. He regularly appearing for NHS, local authorities and other public sector bodies.

Ed’s High Court litigation frequently involves employment related issues relating to director responsibilities; breach of fiduciary duties and related restitutionary claims; shareholder disputes; restrictive covenants; confidentiality; passing off; and corporate and personal insolvency. Mediator and Arbitrator appointments are also accepted in these areas.

Ed has extensive experience of all forms of Employment Law (contentious and non-contentious) ranging from multiple claimant actions arising out of harmonisation of terms and conditions in the Financial Services Sector and discrimination claims within public services sectors to pre-emptive advice in connection with the public sector procurement arrangements. He has undertaken numerous internal regulatory investigations in these areas.

Ed is a regular speaker on employment law and regulatory matters.

For many years, he has conducted large and heavy scale employment litigation in a number of specialist sectors requiring detailed awareness of regulatory frameworks, and professional conduct regimes. These have also led to appointment to Chair of internal processes and/or to Report upon wider institutional governance issues. These have included Clinical Regulation, Education and Specialist training of doctors, Private Sector Healthcare provision, conduct of regulatory intervention in the legal profession, the status, regulation of Charities and related personnel, internal regulation and discipline within faith communities, and safeguarding and corporate governance. He has conducted inquests in which Art 2 ECHR has been engaged.

Notable Cases

Fulton & Baxter v Bear Scotland [2014]

Harrison v Preston BC and Driver [2003]

Dynamex Friction Ltd and Anor v Amicus and Anor [2008] EWCA Civ 381

QLog Ltd v O’Brien [2014]

Shinwari v Vue Entertainment [2015]

Hoppe v HMRC and ors [2021]

Clarke v Lisburn and Castlereagh Council [2022]

Hancock v Warrington and Halton NHS Trust [2023]

Investigation, Audits and Governance Reviews

[2024] Re A Charity: Extensive Corporate Governance Review in relation to Charity and connected commercial entities. Audit of compliance, reporting (SORP and FRS 102) and scrutiny of Trustee obligations.

[2024] Denominational Charity: Corporate Governance, Review and Recommendations concerning the wholesale revision of internal regulatory proceedings applicable to ministers and other office holders within the denomination.

[2024] Re Educational Charity: Ed is instructed to undertake a constitutional review and implementation Report of a national institution. This work is continuing.

[2023] Re. Network Provider: Investigation into relational difficulties between individual employee and senior management personnel of employer and related corporate entities. The difficulties had spanned several years, with repeated allegations of bullying, harassment, victimisation, discrimination and non-compliance with policies and procedures. The purpose of the investigation was to scrutinise the detail of the interaction which had occurred and its implications for future working relationships and/or policy review.

[2023] Re. Religious Body: Conduct of an urgent investigation arising out of pastoral conflict between local members of the faith denomination. The work required interviewing of key players in the conflict, provision of a detailed Canonical Report identifying the means of resolution and subsequent correspondence for the implementation of the strategy which had been identified.

[2023] Re Professional Regulator: Conduct of an appeal and compilation of subsequent Report arising from allegations of discrimination, bullying and harassment against senior executive. Target of complaint not holding an employee position. The Investigation was undertaken to a tight timescale in line with the employer’s internal policy; whilst requiring detailed disclosure of additional documentation not previously provided to the complainant employee. The Investigation and subsequent Report had the potential to adversely impact upon continuing professional relationships at a key stage of the Regulator’s external development.

[2023] Re A Company: Investigation and Reporting upon a Company’s due diligence arrangements concerning Directors’ fit and proper person status, professional development and corporate governance. This involved interviews across the organisation and the compilation of a Report preparatory to a Capital Funding exercise.

[2023] Re Safeguarding: Conduct of investigation and co-authoring of an extensive and detailed operational Report relative to the handling of safeguarding concerns. The process arose following the death of a person implicated in a safeguarding concern. At the resultant inquest, HM Coroner issued a prevention of future death report. Appointed to formulate a systemic operational response and lessons learnt report on behalf of the relevant faith organisation. The work was undertaken with a member of the House of Lords.

Re A Council: Commissioned to compile a governance review following extensive conflict between Chief Officers. The Report identified governance related management and training issues intended to insulate the Council (and its officers) against future legal challenge and adverse scrutiny.

[2023] Re Religious Body: Conduct of Investigation into complaints regarding interaction between senior operational officers and safeguarding personnel.

[2022] Re A Faith Charity: Investigation of potential financial irregularities and breach of fiduciary duty on the part of senior ecclesiastical personnel. Matter identified in consequence COVID related financial audit. Mandated to investigate and report upon (i) the duties and obligations of key personnel; (ii) identification of susceptible transactions; (iii)formulation of plan of action in respect of prospective recovery on behalf of charity; (iv) system and governance review/ recommendations concerning the issues identified and the measures necessary to enhance financial procedures. Process required extensive interviews of witnesses, the drafting of initial and final correspondence for onward transmission to the Charity Commission and other Regulators.

[2022] Re .Com Health Services Company: Investigation following attempted removal of CEO and hostile takeover by institutional shareholder. Review of extensive documentation comprising strategic email and related correspondence on the part of members of the board. In excess of 30 interviews conducted. Mandated to report upon (i) the cause of the boardroom fracture; (ii) the part played by key individuals; (iii) the role of external advisors; (iv) conflicts of interest and corporate governance; (v) potential breaches of fiduciary duties and grounds for regulatory action and disclosure.

Commercial

Ed Morgan’s private law High Court practice has particular emphasis upon those areas of litigation within which internal governance and regulatory laws converge. These include obligations of Charitable Trustees, director responsibilities; breach of fiduciary duties and related restitution claims; shareholder disputes; restrictive covenants; confidentiality; and passing off. Mediator and Arbitrator appointments are also accepted in these areas.

Regulatory and Professional Discipline Group

In the regulatory field, his experience is extensive, ranging from issues of internal regulatory compliance (charity compliance, local government, safeguarding, education, healthcare) to external private and public law litigation. Ed has considerable experience in the conduct of public law proceedings (judicial review) on behalf of public bodies and government departments. He is regularly instructed to undertake internal audit compliance and/or regulatory reviews in these areas.

Inquests & Public Inquiries

Ed Morgan is an Assistant Coroner [Manchester North].

He has an excellent knowledge of the law and procedure relative to inquest proceedings. He is recognised for his expertise in dealing with matters of complexity and sensitivity, and providing extensive support and assurance to clients and professional witnesses.

In undertaking Coronial Court work, Ed is able to draw upon over 2 decades of successfully representing and advising NHS bodies and private sector Health Care providers, Local Authorities, Companies and Charities in connection with regulatory compliance, health and safety, corporate and clinical governance and regulatory scrutiny and employment related issues.

Ed is on the GMC Panel of Advocates and regularly appears before the MPTS.

He has extensive experience of advising upon the following:

– Matters of scope;
– Engagement of Article 2(including Art 2);
– Disclosure and related issues;
– Restricted reporting orders and related special measures;
– Regulation 28 and Prevention of Future Death Reports;
– Judicial Review proceedings;
– AG Fiat Re-opening of inquest proceedings

Publications

“The Canonical Directory for Clergy” (CTS, London)

Contributor to the Encyclopaedia of Employment Law (Sweet & Maxwell)

Contributor to “The Confluence of Law and Religion” (Cambridge, 2016)

“Fathers and Brothers – Legitimate Expectation of Diocesan Clerics in the light if c384 CIC” (Peeters, Leuven, 2018)

“Leading Works in Law and Religion” (ed Sandberg, Routledge, 2018)

Prescribed Infomation

Dr Edward Morgan is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Dr Morgan can be found here.

Dr Morgan’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Dr Morgan to undertake advocacy (Court, Tribunal, Mediations, Arbitrations appearances) work for a fixed brief fee plus refreshers and expenses. For advisory work (e.g. conferences, drafting of work) fees are most commonly charged at an hourly rate.

Work undertaken as Arbitrator or Mediator is charged upon a fixed fee basis determined in advance and supplemented by an additional hourly rate agreed where the anticipated duration of the mediation or arbitration is exceeded. Dr Morgan does not undertake work upon a conditional fee or damages based fee basis. Dr Morgan will typically return paperwork within 10 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales. Precise timescales will be identified and agreed in advance of the work being undertaken.

Ed also undertakes Direct Access work. This work is undertaken on a contractual basis. The terms will be agreed between the client and Ed’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by Ed with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.