the barristers are all very bright, responsive, cool under pressure

Legal 500

Georgia Hicks

Year of Call: 2012

the barristers are all very bright, responsive, cool under pressure

Legal 500

Georgia Hicks

Year of Call: 2012

the barristers are all very bright, responsive, cool under pressure

Legal 500

Georgia Hicks

Year of Call: 2012

Georgia Hicks

the barristers are all very bright, responsive, cool under pressure

Legal 500

Georgia Hicks

Year of Call: 2012

Georgia’s areas of practice are employment, tax, and sports law. She regularly appears in the Employment Tribunal, First-tier Tribunal (Tax Chamber), EAT and Upper Tribunal (Tax and Chancery Chamber).

Georgia is an accomplished advocate, the quality of which is reflected in the numerous prizes she has received from her Inns of Court and elsewhere, including the James Hunt prize for best advocate in her year.

In 2017 she was appointed to the Attorney General's Panel of Counsel (C Panel).

  • Recommendations

    Georgia often receives plaudits for her advocacy, eye for detail, incredible work ethic and level of preparation.

    "Georgia did an amazing job in her preparation... The Judge commented on the quality and thoroughness of her written submissions and I think this was one of the factors that led to him being able to make the decision so quickly."' - Senior Associate (2016)

  • Tax

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    Georgia has a strong practice in tax litigation, regularly receiving instructions from both HMRC and the taxpayer, in First-tier Tribunal, Upper Tribunal as well as in JR cases. She is a member of the RBA. Her main areas of specialism are employment tax, residency and domicile - she is particularly strong in the employment / tax cross-over and the IR35 intermediaries legislation.

    IR35

    Jensal Software Ltd v HMRC (TC/2017/00667)

    Georgia was instructed in this IR35 case for the Revenue, at which it was argued that the hypothetical contract between a consultant and the DWP would have been one of employment and thus caught by the IR35 legislation. The case was in the Usetech line of cases; i.e. with the interposition of both a personal services company and a recruitment agency. The hearing took place in October 2018. Judgment is awaited.

    Paya, Willcox & Allday Media v HMRC (TC/2014/03148; TC/2014/06207; TC/2016/00837)

    Georgia is instructed as junior to Jonathan Peacock QC (11 New Square) and Marika Lemos (Devereux) in these appeals concerning the employment status of television journalists paid through personal services companies whilst working with the BBC. The issue is whether the personal services come within the IR35 regime. At a PH in July 2016, the status of the BBC, as an interested party was determined ([2016] UKFTT660 (TC)). On 13 March 2017 the taxpayers made an application for specific disclosure, in which Georgia appeared against Adam Tolley QC. The application was allowed in part. The substantive case is due to be heard in April and May 2018.

    Taxation of Employees

    Tottenham Hotspur Ltd v HMRC [2017] UKUT 453 (TCC); [2018] 4 W.L.R. 17; [2018] S.T.C. 81; [2017] B.T.C. 535; [2018] S.T.I. 90

    Georgia was led by Jolyon Maugham QC in this appeal before both the First-tier (Tax) Tribunal ([2016] UKFTT 389 (TC); [2016] SFTD 803; [2016] STI 2499) and the Upper Tribunal ([2017] UKUT 453 (TCC); [2018] 4 W.L.R. 17; [2018] S.T.C. 81; [2017] B.T.C. 535; [2018] S.T.I. 90). The appeal concerned the tax treatment of payments made to two footballers, Peter Crouch and Wilson Palacios, on their transfer to Stoke FC. The question was whether the payments were “from employment” within the meaning of s.62 Income Tax (Earnings and Pensions) Act 2003. The judge accepted that the principle in the Court of Appeal case of Henley v Murray [1950] 1 All ER 908 applied and was binding: namely, that payments made in consideration of the abrogation of the contract were not “from” employment.

    ICM (UK) Ltd v HMRC (UKUT0472 (TCC))

    Georgia was instructed as junior to Akash Nawbatt QC in this Upper Tribunal (Tax and Chancery Chamber) case concerning the correct approach to tri-partite employment contracts and the territorial reach of the Construction Industry Scheme (2016).

    Emerald Contracting Ltd v HMRC (TC/2015/02248)

    Georgia was instructed as junior to Akash Nawbatt QC in this complex Construction Industry Scheme case that involved complex questions of the territorial scope of the scheme and the correct approach to complex contractual relationships, as well as issues concerning the employment status of individuals.

    YPS Scaffolding Ltd & Ors v HMRC (TC/2015/03673, TC/2015/03675, TC/2015/03676, TC/2015/05901)

    Georgia was instructed as junior Marika Lemos in this case concerning the employment status of various individuals working for a group of companies. The companies were assessed as owing significant sums in unpaid PAYE and NI contributions in respect of individuals who were asserted as being self-employed but were, on HMRC’s case, employees. The appellants’ case was struck out.

    Judicial Review (Tax)

    R (Glencore) v HMRC [2017] EWCA Civ 1716; [2017] BTC 32

    Georgia was instructed by HMRC as junior to Timothy Brennan QC in this first case concerning diverted profits tax, a new tax introduced by the Finance Act 2015. The taxpayer sought judicial review of HMRC’s decision to issue it with a charging notice under s.95 Finance Act 2015. The Court of Appeal held that judicial review was not appropriate where alternative remedies within the statutory scheme existed. The case is an important authority on the applicability of judicial review in the tax context

    Residency / Domicile

    Georgia is regularly instructed in domicile and residency cases, including the following:

    S v HMRC (2016-2017)

    Georgia has been instructed by HMRC as junior to Akash Nawbatt QC in this domicile case to determine the domicile of an individual with a complex domicile history. The FTT hearing has been listed for 2017.

    R v HMRC (2014-2016)

    Georgia was instructed by HMRC as junior to Chris Stone and Akash Nawbatt QC in this domicile case. The taxpayer was a high net worth individual, seeking to prove that he had displaced his UK domicile of origin. After years of dispute, the taxpayer eventually conceded.

    Other Cases

    Clipper Group Holdings Ltd v HMRC (TC/2012/03394)

    Instructed by HMRC and led by Jonathan Hall QC in this high value case concerning unpaid Customs and Excise duty on illegally diverted consignments of alcohol. The Appellant argued that the assessment was unreasonable and disproportionate as they were not a party to the fraud. HMRC relied on reg.5 of the Excise Goods (Accompanying Documents) Regulations 2002 and Butlers Ship Stores and successfully resisted their application for wide-ranging specific disclosure at a preliminary hearing. The appeal was withdrawn in January 2016.

    I Ltd v HMRC

    Whilst under investigation by HMRC, the taxpayer sought repayment of VAT from HMRC. Georgia gave advice to a taxpayer on a novel JR point; namely, that it could be used to review the lawfulness of a failure to act in the exercise of a public function.

  • Employment

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    Georgia has a strong and diverse practice in employment law. She has significant experience representing clients in Employment Tribunals, including multiple-day hearings in whistleblowing and discrimination claims, as well as in the EAT. Georgia represents both claimants and respondents from both the private side (including banks, rail companies, and some well-known brands) and the public side, regularly appearing for the Government Legal Department and the Metropolitan Police. In addition to her advocacy work, Georgia also has extensive advisory experience, developing a particular specialism in employment status– an area in which her experience in the tax field is invaluable.

    Georgia assisted with the most recent edition of Discrimination Law (Bloomsbury Professional), contributing to chapters on Discrimination in Education, Discrimination in the Provision of Goods and Services, Discrimination in the Provision of Premises and Housing, Discrimination in Clubs and Associations, and Exemptions. She is appointed to the Attorney General's Panel of Counsel (C Panel).

    Some recent cases include:-

    EAT

    • Jakkhu v Network Rail Infrastructure Limited (UKEATPA/0007/17/RN) (2017) - Georgia is instructed by the respondent in this claim for disability discrimination (s.13 and s.15 Equality Act 2010) and failure to make reasonable adjustments. The claimant appealed against the Employment Tribunal’s preliminary finding that he was not disabled by reason of depression at the material time. Georgia represented the respondent at the EAT and was successful in persuading the tribunal that there was no error of law in the judge’s reasoning, which included issues of fluctuating effects and deduced effects.
    • Thomas v BNP Paribas Real Estate Advisory and Property Management UK Ltd (2016) UKEAT/0134/16/JOJ- Georgia successfully represented the Claimant/Appellant at the EAT in this case about the fairness of a redundancy process. The EAT held that, having found the process was “perfunctory and insensitive”, it was perverse for the Employment Tribunal to have found it to be fair.
    • Mrs D Chadburn v (1) Doncaster & Bassetlaw Hospital NHS Foundation Trust (2) Jo Mann (UKEAT/0259/14/LA) (2015), Bar Pro Bono Unit - Georgia represented the Claimant in this appeal against an award for costs

    Employment Status and Vicarious Liability

    • Kowal & Ors v The Doctors Laboratory Limited (2018) – Georgia was instructed by the Respondent and led by Timothy Brennan QC in this group litigation concerning the employment status of courier drivers. This is another case in the contentious and highly publicised field of employment status. The claimants brought claims for holiday pay, unauthorised deductions from wages, as well as race discrimination. The claim was subsequently settled.
    • Gabriel v LVMH (2017) - Georgia successfuly resisted this claim for constructive unfair dismissal, which involved issues concerning LVMH's vicarious liability for employees of a Debenhams store
    • Neal v Biss & Ors (2016) - Georgia successfully represented the claimant in this dispute over employment status and unfair dismissal

    Discrimination

    • Beardmore v John Lewis (2017) – Georgia successfully resisted claims for sexual orientation discrimination and unfair dismissal. It took place over 5 days in Birmingham Employment Tribunal in April 2017.
    • Kalkhoran v John Lewis (2017) – Georgia successfully resisted this claim for race discrimination and harassment.
    • Thomas v BNP Paribas Real Estate Advisory and Property Management UK Ltd (2016) UKEAT/0134/16/JOJ – Georgia successfully represented the Claimant/Appellant at the EAT in this case about the fairness of a redundancy process. The EAT held that, having found the process was “perfunctory and insensitive”, it was perverse for the Employment Tribunal to have found it to be fair.
    • Bilko v Power Leisure Bookmakers (2016) - Georgia successfully represented the Respondent in this multi-day hearing, resisting claims for unfair dismissal, race and sex discrimination, and whistleblowing .
    • Alexander v Westminster Bridge Hotel (2016) - Georgia successfully represented the respondent in this case, which involved both a successful strike out application and multi-day hearing about discrimination and unfair dismissal
    • Thomas v BNP Paribas Real Estate Advisory and Property Management UK Ltd (2015) - Georgia represented the Claimant in this multi-day redundancy, age and disability discrimination case
    • Turkovic v Chapters Taverns (2013) - Georgia successfully defended this multi-day claim for unfair constructive dismissal and sexual orientation discrimination, winning on all grounds

    Breach of Contract

    • Moyo v PwC (2018) – Georgia advised on successfully resisted this claim for breach of contract after an employee was dismissed for failing to evidence his right to remain in the UK. She has advised on issues involving jurisdiction, breach of contract and immigration.
    • Cook v Network Rail (2017) – Georgia successfully resisted this breach of contract and unlawful deduction of wages claim.

    Unfair Dismissal and Whistleblowing

    • Bilko v Power Leisure Bookmakers (2016) - Georgia successfully represented the Respondent in this multi-day hearing, resisting claims for unfair dismissal, race and sex discrimination, and whistleblowing detriments.
    • JMJ v Coca-Cola (2015) – as junior to Akash Nawbatt QC, Georgia was successful in defending this claim for whistleblowing, victimisation and unfair dismissal.
    • James Patrick v The Commissioner of Police of the Metropolis (Metropolitan Police Service) (2014) – Georgia represented the MPS as junior counsel to Pete Edwards, in successfully defending this multi-faceted whistleblowing claim
    • Turkovic v Chapters Taverns (2014) - Georgia successfully defended this four day claim for unfair constructive dismissal and sexual orientation discrimination, winning on all grounds
    • Anthony Reed v Delacey & Sons (2013) - Georgia won this four day constructive unfair and whistleblowing claim

    Unlawful Deduction of Wages and Human Trafficking 

    • Cook v Network Rail (2017) – Georgia successfully resisted this breach of contract and unlawful deduction of wages claim.
    • Roucou v (1) Esparon; (2) Frederick - Georgia acted pro bono for the Anti-Trafficking and Labour Exploitation Unit in this claim, which included allegations of unlawful deduction of wages and discrimination
    • Georgia was involved in the landmark first instance case of Tirkey v Chandok for the Anti-Trafficking and Labour Exploitation Unit, in which the Employment Tribunal held that caste discrimination was included in the concept of race discrimination under the Equality Act 2010

    Redundancy and Unfair Dismissal

    • McDermott v Chas a Blatchford (2015) - Georgia successfully represented the respondent in this multi-day redundancy and unfair dismissal case
    • Thomas v BNP Paribas Real Estate Advisory and Property Management UK Ltd (2015) - Georgia represented the Claimant in this multi-day redundancy, age and disability discrimination case
    • Wilkinson v NHBC (2012) – Georgia assisted Akash Nawbatt QC in successfully defending this claim for constructive unfair dismissal

     

  • Sports Law

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    Georgia is forging a practice in sports law and accepts instructions in all aspects, including taxation, disciplinary matters, discrimination, employment, personal injury, and contractual disputes. She has led cases in her own right, including advising a firm of solicitors on how to issue proceedings abroad against a footballer, based in the Netherlands, now playing for a Russian club. Recently, as a junior to Jolyon Maugham QC she represented Tottenham Hotspur Ltd in a case against HMRC, concerning the transfer of players.

Memberships and Associations

ELA, FRU, ELBA, COMBAR, RBA, PNBA, PIBA, IFS

Awards and Scholarships

James Hunt Scholar (Advocacy) - Gray’s Inn

Ede and Ravenscroft Scholar (Advocacy) - Gray’s Inn

Birkenhead Scholar (Academic) - Gray’s Inn

David Karmel Scholar (Academic) - Gray’s Inn 

The Norman Tapp Memorial Prize for Excellence in Mooting - Gray’s Inn

LawWorks & Attorney General Student Award, Best New Student Pro Bono Activity for Vocalise

 

Appointments

Appointed to the Attorney General's Panel of Counsel (C Panel) in 2017

Education

University of Oxford, BA (Hons) English Language and Literature (First Class)

City University GDL (Distinction)

City University London BPTC (Very Competent)