Former Freshfields Bruckhaus Deringer insolvency partner Peter Bloxham has decided not to appeal against the judgment that found unanimously for his former firm in his age discrimination claim.
As first revealed on www.thelawyer.com (21 November), Bloxham said in a statement through Dawsons Solicitors that he considers there are potential grounds of appeal regarding a number of legal and factual submissions that have not been addressed by the tribunal.
“However, [I am] mindful that any appeal to the Employment Appeals Tribunal may well be protracted and may not bring the case to an end for either party, whatever its outcome. [I have] therefore decided that the best course is to bring this litigation to an end,” said the statement.
Bloxham had until last Tuesday (20 November) to make a decision on whether or not to appeal the case. An appeal was only possible on points of law rather than fact.
A spokesperson for Freshfields said: “We have regretted the pursuit of this claim by a former partner of the firm and are pleased that this case is now closed. “In order to put this matter behind us, the firm will not be pursuing the claim to recover a portion of its costs, which we had to register by 10 November to reserve our position.”
The London Central Employment Tribunal found unanimously for Freshfields. Although it decided that older partners were unfavourably treated on account of their age by the reforms, it found that there was no fairer way of overhauling its pension, which was a legitimate goal.
Freshfields announced two weeks ago that it would make an application for costs against Bloxham, who could face a bill of at least £100,000 if that application is successful (www.thelawyer.com, 8 November).
Former corporate partner Lois Moore and former banking partner David Ereira also withdrew their claims against Freshfields earlier this year.
Lewis Silkin advised Freshfields on all three cases.
Former Freshfields co-head of disputes Jo Rickard, now at Shearman & Sterling, continues to challenge the restricted covenant in her firm pension. She is being advised by Herbert Smith senior partner David Gold.