Alice Carse is an experienced advocate whose clients include multinational companies in the insurance, constructing, transport and banking sectors. She specialises in:
Alice was appointed Junior Counsel to the Crown (C Panel) in 2016. Alice is a member of the Commercial Bar Association (COMBAR) Executive Committee.
‘A brilliant advocate for industrial relations work.’ - Employment, Legal 500 2019
“The client and I were really impressed with Alice's work and very grateful for all of her support on this claim” - Joanna Lawson, Mishcon de Reya
Alice has a busy employment law practice covering all aspects of employment work at first instance and on appeal, in the ET, EAT and High Court. She specialises in industrial relations and industrial action and has worked on some of the most high profile disputes in recent years. She is often instructed against more senior counsel.
Recent highlights include:
Alice has particular expertise in industrial relations and industrial action. She is experienced in making applications for injunctive relief to prevent strike action and in advising on coping strategies to manage industrial action. Alice is instructed to advise on industrial action matters either as sole counsel or junior counsel.
In late 2018 Alice was instructed to advise a waste collection company on a ballot for industrial action carried out by a trade union. In early 2019 she was instructed by Birmingham City Council (as junior to Andrew Burns QC) in its industrial dispute with its waste services department. This resulted in hundreds of missed bin collections since Christmas 2018. Alice acted as junior counsel in the injunction application and advised on industrial relations matters.
In October 2017 Alice was instructed as junior to Andrew Burns QC by Royal Mail and obtained an injunction to prevent a national postal strike set for October 2017 (Royal Mail Group Ltd v Communication Workers' Union  EWHC 2548).
In December 2016 and January 2017 Alice advised British Airways on the industrial action taken by cabin crew (as junior to Andrew Burns QC). During summer 2015 Alice advised another airline on potential industrial action. During summer 2017 she advised a construction business on potential industrial action including balloting and strategy.
Alice advises on industrial action which involves a cross-border element (Viking and Laval type cases) and has also advised on blacklisting, collective agreements and employer membership of union-backed trade organisations. She has also dealt with protests by trade unions designed to disrupt the smooth running of a business without resorting to industrial action.
Alice has been involved in industrial relations cases in a number of industries including retail, delivery services, airlines and construction.
In 2016 she was instructed to assist with industrial relations matters arising in the Construction Industry Blacklisting litigation.
During pupillage she worked on a number of industrial relations cases including the British Airways Cabin Crew Litigation - Malone & Ors v British Airways Plc  EWHC 302 (QB),  All ER (D) 220 (Bruce Carr QC leading Andrew Burns QC) and EDF Energy Powerlink v RMT  IRLR 114 (Timothy Brennan QC leading Andrew Burns QC).
Restrictive Covenants & Injunctions
Alice is experienced in acting for both claimants and defendants in disputes relating to restrictive covenants, including the use of confidential information by former employees. Some recent examples include:
Dismissals and Employment Rights
Alice is experienced in representing employees and employers in claims for unfair and wrongful dismissal in the ET and the courts. She has represented senior employees in unfair dismissal and breach of contract claims against financial and City institutions and against more senior opponents. Alice has a wealth of experience in representing employers ranging from small businesses to international companies in a wide range of dismissal disputes. She can provide advice and representation on the whole range of employment rights including whistleblowing and TUPE cases and dismissals which engage Article 8 ECHR.
Pay, Incentives and Pensions
Alice has experience of both contractual and statutory claims for wages, holiday pay and other incentives and payments. Her recent work includes:
Examples of Alice's recent equality work include:
Alice also has experience in advising on claims for discrimination in the provision of services on the multi-track in the County Court.
The Data Protection Act 1998
Alice advises employers on data protection issues in the workplace and acts in disputes relating to the Data Protection Act 1998. This includes advising employers and recruiters on their data policies and litigating data subject access request disputes.
Recently Alice successfully represented an employer in resisting an application brought in the County Court by an employee for disclosure of information under the Data Protection Act. The case raised issues of confidentiality and human rights, in particular in relation to the right to practise one’s profession and Article 6 ECHR. Alice has also successfully defended a data protection claim brought by a job applicant against his potential employer for the disclosure of references.
Alice gives seminars and lectures in employment. She was recently asked to co-contribute to and present a paper at a Labour Law seminar at Oxford University. The paper was incorporated into The Autonomy of Labour Law (Hart, 2015), a collection of essays on labour law by leading academics.
Alice’s LLM specialised in Labour Law. She wrote her dissertation on the justification of direct age discrimination and her extended essay focused on claims for breach of contract, the manner of dismissal and the Johnson exclusion zone.
Alice writes articles and is a contributing author to books on Employment Law.
Alice has experience of advising and representing parties in litigation and arbitration. Her most recent work includes advising on coverage, notification and construction issues and successfully representing an insurer in a notification dispute in arbitration under the solicitors Participating Insurers Agreement. She is currently being led by Colin Edelman QC in an arbitration under the solicitors Participating Insurers Agreement on the meaning of successor practice under the Solicitors’ Minimum Terms. Alice is also being led by Colin Edelman QC in defending an insurer’s decision to decline cover to an insured for breach of a hot works condition precedent.
Alice is a former member of the BILA U35 committee. In 2014 she spent time working in-house at an insurer client in order to gain first hand experience of the market. Also in 2014, she completed a four month secondment at a solicitors' firm in the professional negligence and insurance team.
Alice has also recently advised on the recovery of defence costs and drafted particulars of claim under the Third Party (Rights Against Insurers) Act 1930. She has also been instructed with senior members of Chambers to advise on a jurisdiction point in respect of a policy of reinsurance.
Alice assisted Colin Wynter QC with updating the reinsurance chapter of MacGillivray on Insurance Law (Centenary edition).
Alice was a co-contributor of an article to the British Insurance Law Association Journal (125th edition) entitled "Consumer Insurance: the risks of contracting on unfair terms". Alice has subsequently given a seminar on consumer insurance.
Alice has worked on the following cases as pupil to Andrew Burns QC:
Alice has a busy commercial practice. She is instructed to act in and advise on general commercial disputes, professional negligence and insurance. She is currently being led by Colin Edelman QC in an arbitration under the solicitors Participating Insurers Agreement and also in defending an insurer’s decision to decline cover for breach of condition precedent.
Alice is an experienced litigator. She is often instructed to appear in applications and she has particular experience of making and resisting applications for relief from sanctions under CPR 3.9. Alice's recent cases include disputes arising from the steel, manufacturing and financial services industries.
Alice provides advice on non-contentious matters. She was recently instructed by a national company to review its standard terms and conditions for compliance with the relevant consumer protection legislation, in that case the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Alice also has experience of advising on data protection issues. Recently she was instructed to advise a multinational company on its recruitment procedures in circumstances where personal data was processed outside the European Economic Area.
Alice accepts instructions in a wide range of areas in which professional negligence can arise. Recent work includes:
Please see Alice's Professional Negligence section for more details.
Insurance and Reinsurance
Alice accepts instructions in insurance and reinsurance work. She has experience of advising on both insurance and reinsurance matters.
Recently Alice has worked for several days in-house with insurer clients in order to to gain first hand experience of the insurance market.
Alice acts for Claimants and Defendants. Her recent work includes advising on coverage, notification and construction issues, particularly in respect of professional indemnity insurance. She has also recently advised on the recovery of defence costs and drafted particulars of claim under the Third Party (Rights Against Insurers) Act 1930. Alice has also been instructed with senior members of Chambers to advise on a jurisdiction point in respect of a policy of reinsurance.
Alice and Alison Padfield contributed an article to the British Insurance Law Association Journal (125th edition) entitled "Consumer Insurance: the risks of contracting on unfair terms". Alice has subsequently given a seminar on consumer insurance.
As a pupil Alice worked on a number of commercial cases with Andrew Burns QC including:
Alice has particular experience of claims against solicitors, valuers, surveyors, architects, financial advisers and trustees. Alice is experienced at acting for both Claimants and Defendants. She can provide advice, letters of claim and response and pleadings and also advises on issues of policy coverage.
In 2014 Alice did a four month secondment at a solicitors' firm undertaking defendant professional negligence work. She now has a great deal of experience of working with insurers and defendants to defend claims.
Examples of Alice's work include:
In 2016 Alice was appointed Junior Counsel to the Crown (C Panel). She accepts instructions from both HMRC and taxpayers.
Alice was junior to Akash Nawbatt QC on behalf of HMRC in the successful appeal HMRC v Hely Hutchinson  EWCA Civ 1075. This is a leading case on legitimate expectations between HMRC and the taxpayer.
She is currently instructed to represent HMRC in another set of judicial review proceedings based on legitimate expectations.
Alice successfully represented HMRC in the Upper Tribunal in ETB v HMRC  UKUT 424. This related to the default surcharge pursuant to section 59 VATA 1994, in particular whether the taxpayer had a reasonable excuse for the non payment of VAT.
She is currently instructed by the National Crime Agency in a high value case concerning appeals against a penalty determinations pursuant to section 100B TMA 1970.
Alice’s experience of contentious tax matters includes residence and penalty determinations.She is also instructed to advise on issues of employment status and professional negligence relating to taxation.
Junior Counsel to the Crown (C Panel) 2016
COMBAR (Executive Committee member)
BILA (BILA U35s Committee member)
Employment Law Bar Association
CII (Chartered Insurance Institute)
Professional Negligence Bar Association
London Common Law and Commercial Bar Association (former committee member)
Employment Lawyers' Association
Industrial Law Society
Free Representation Unit
Bar Pro Bono Unit
Albion Richardson Award (Gray’s Inn)
LLM (2008-09) London School of Economics
BVC (2007-08) BPP
BA Law (2003-6) St John’s College, University of Oxford
The Maynard School, Exeter, Devon
St Joseph's School, Launceston, Cornwall