Caroline Field

Practice Areas

Caroline specialises in dispute resolution, with a focus on high value and sensitive partnership and employment (executive and shareholder) disputes. She advises firms, partners, senior executives and employers across a variety of sectors, particularly professional services, financial services and insurance. She regularly advises firms and partners on exit and expulsion issues, including in relation to partner misconduct, performance issues, discrimination, whistleblowing and exercise of discretion in relation to profit share, leaver provisions and carried interest. She also has significant experience advising executives and employers on termination of employment, bonus disputes, employee wrongdoing and whistleblowing. She has a particular interest in employee and partner competition issues, regularly advises on team moves, conspiracy and inducement allegations, alleged breaches of restrictive covenants and fiduciary duties and misuse of confidential information. She has obtained and defended injunctions for business protection. With experience acting for employers/firms (claimant and recruiting) and employees/partners, she offers a unique perspective and understanding of the pressures facing both sides.

Caroline has led significant claims in the Employment Tribunal, Employment Appeal Tribunal, High Court and appeal courts, as well as through alternative dispute resolution (mediation, arbitration and expert determination).

Career

Walker Morris’ commercial dispute resolution team between 2005 and 2011. Joined Fox in June 2011 and became a partner in 2017. In 2018 she appeared in Management Today’s 35 Women under 35 list.

Professional Memberships

Committee member of the London Solicitors Litigation Association, Association of Partnership Practitioners and member of the Employment Law Association.

Publications

Caroline has written numerous articles on partnership and employment law, and been quoted in national press. Caroline co-authored a chapter: “Partner Retirement in Law Firms: Strategies for Partners, Law Firms and Other Professional Services”, has been interviewed on radio and television and has featured on Fox’s own podcast, “Foxed?”.

Work Highlights

Employer:

• Acting for a claimant law firm client in bringing an action for injunctive relief, including securing interim injunctive relief pending speedy trial and costs in relation to an employee/shareholder joining a competitor in breach of a non-compete covenant

• Acting for a recruiting employer in high profile team move proceedings commenced in the High court by a large insurance company. Claims included alleged inducement of breaches of contract and conspiracy in connection with our client’s recruitment of 20 people from a competitor. Also involved applications in the US against the parent company to obtain disclosure in support of foreign proceedings.

• Providing legal and strategic advice to a US investment vehicle on the recruitment of individuals from a leading technology provider in the UK

Senior executive

• Acting in a whistleblowing action in respect of alleged retaliation following disclosures of information concerning serious misconduct by a bank, including failing to put appropriate controls in place to manage conflicts of interest. Also working with foreign law advisers in relation to the US whistleblowing regime

• Advising a senior female in the financial services/insurance sector in relation to an equal pay and discrimination claims

• Providing strategic advice to a financial adviser involved in a team move to navigate their duties in order avoid litigation

Partnership

• Representing partners in a traditional law firm partnership in arbitration proceedings involving alleged breaches of contractual obligations and other duties against a backdrop of alleged dissolution.

• Acting in a LCIA arbitration in relation to a move by a team of law firm partners and employees in an international practice, involving challenges to jurisdiction, challenges to enforcement in key jurisdictions being contrary to public policy and substantive allegations of breach of restrictive covenants

• Acting for a partner in relation to a multi-jurisdictional healthcare investment management business in High Court litigation to trial. Multi-million pound claim brought pursuant to the Partnership Act 1890, for damages on a quantum meruit basis and in equity for an interest arising by reason of a constructive trust, settled on the steps of the court.

• Acting for a key witness in a multi-million pound professional negligence claim concerning allegations of breach of confidentiality and contract by the legal advisers to a fund management business. Navigating issues of confidentiality, breach of contract, privilege and implied undertakings concerning subsequent use of evidence disclosed in relation to earlier litigation.

• Acting for multiple LLP members of professional service firms in relation to contentious actual and threatened exits, including challenges to discretionary decision-making processes, allegations of race, age and sex discrimination, equal pay issues, business protection issues (including relating to reserved profit) and team moves. Matters are typically resolved as part of a negotiated settlement or mediation

• Advising an LLP member of a venture capital fund in relation to a potential claim for sex discrimination and preserving carried interest rights on exit.

Education