"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

Marianne Tutin

"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

Marianne is developing a strong practice across all of Chambers' core areas. She specialises in Employment, Commercial Litigation, Professional Negligence, Insurance & Reinsurance, Tax and Personal Injury work. 

She is adept at advocacy and regularly appears in the Employment Tribunal, county courts, EAT and High Court. She is also frequently involved in cases in the First-tier and Upper Tribunals. 

Before coming to the Bar, Marianne worked for an MP in the House of Commons and for Hanover Communications, a PR firm with expertise in public affairs consultancy.

  • Employment

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    Marianne is developing a strong and diverse practice in Employment and Discrimination Law. She has considerable experience representing clients in the Employment Tribunal, including preliminary and multiple-day hearings, in unfair dismissal, discrimination, whistleblowing, redundancy, holiday pay, equal pay and TUPE claims, in which she is frequently against more senior counsel. She also has extensive experience of representing clients in the EAT in unfair dismissal and discrimination appeals, in which she has appeared unled against a leading silk. 

    She represents both Claimants and Respondents and works for a variety of public and private sector organisations, including multinational and FTSE 100 companies, banks, insurance companies, airlines, retailers, local authorities, schools and police forces.

    As well as advocacy and advisory work, she provides seminars on employment law and mock tribunals for clients. Marianne is forging a particular specialism in complex whistleblowing cases and has written extensively about the scope of protection. She is presently on the ELA Working Party addressing the European Commission's consultation on EU whistleblowing protection.

    Recent work includes:

    • Acting on behalf of a respondent in an unfair dismissal and disability discrimination appeal in the EAT;
    • Acting on behalf of appellants in sex, race and disability discrimination appeals in the EAT;
    • Acting as a junior to Andrew Burns QC in a highly sensitive whistleblowing case brought against a PLC, involving interim relief proceedings and injunctive proceedings in relation to a dispute about reliance on highly privileged and confidential material;
    • Acting for respondents in considering the issue of disability;
    • Acting for respondents in determining employee/worker status;
    • Acting on behalf of claimants and respondents in discrimination and unfair/constructive dismissal claims;
    • Acting on behalf of a public authority in a multiple holiday pay claim;
    • Acting for an insurer in a complex redundancy case;
    • Assisting Alice Mayhew with Nurmohamed v Chesterton, the first case to consider the definition of ‘public interest’ under the new whistleblowing legislation in the EAT and Court of Appeal;
    • Assisting Andrew Burns QC in a substantial restrictive covenant injunction;
    • Acting on behalf of the Ministry of Defence in a High Court claim involving sensitive allegations of bullying and discrimination against the Armed Forces;
    • Acting for companies accused of discrimination in the provision of services;
    • Advising a public sector organisation in respect of a government consultation on an apprenticeship levy.

    Marianne also has a keen interest in employment status and the gig economy, having written her LLM dissertation on the topic. She is a regular contributor to the Practical Law Employment Blog and Industrial Law Journal, as well as being an Executive Committee member of the Industrial Law Society. 

  • Commercial Litigation

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    Marianne is regularly instructed in an advisory capacity and as an advocate in commercial disputes. Much of her commercial practice involves professional negligence and insurance work (see below). Her more general commercial matters include business, property, consumer and other contractual disputes in the county courts and High Court. This includes:

    • Striking out a multimillion pound claim brought against a firm of solicitors;
    • Appearing in the county court to defend a claim of misrepresentation and breach of contract against an energy company;
    • Setting aside default judgment against a logistics company in the county court;
    • Resisting applications for relief from sanctions in the county court;
    • Securing winding up orders on behalf of creditors in the Companies Court;
    • Restoring companies to the Register of Companies in the Companies Court.

    She has been also led on a variety of commercial cases and assisted members of chambers with international arbitrations and mediations. She also has experience of commercial injunctions. Notably, she assisted Shaen Catherwood in obtaining a without notice injunction (from Birss J) and a costs order on the indemnity basis (from Mann J) in the Chancery Division against an ex-director of a large company in Friendly Pensions Ltd v Austin.

    Marianne provides seminars and mock arbitrations for clients on a range of commercial matters. She is a member of the Junior Committee of COMBAR. 
     

  • Professional Negligence

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    Marianne has worked on a range of professional negligence disputes and has particular experience of claims against solicitors, barristers, accountants, conveyancers and valuers. She provides pleadings, advices, letters of claim and response, and advises on policy coverage issues.

    Marianne is an adept litigator and is regularly instructed to appear in application hearings and CCMCs. She has experience of striking out multimillion pound claims brought against a firm of solicitors under CPR 3.4. She was recently instructed as a junior to Richard Harrison in a high value accountant’s negligence claim which raised complex points about accessory liability and unlawful means conspiracy.  

    As a pupil, Marianne assisted:

    • Andrew Burns QC in a solicitor’s negligence case involving the ex-Chairman of a Premier League football club;
    • A QC in a barrister's negligence case;
    • Richard Harrison in a high value mediation involving property valuers.
       
  • Insurance & Reinsurance

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    Marianne accepts instructions in insurance and reinsurance work. She has experience of both advisory and contentious work. She has been instructed to review commercial combined business insurance policies for multinational and FTSE 100 companies and brokers' agreements. 

    As a pupil to Richard Harrison, Marianne gained experience in cases involving:

    • Professional indemnity and directors’ and officers’ policies;
    • EL/PL insurance;
    • Contractors' all risk insurance;
    • Non-disclosure and misrepresentation;
    • Aggregation;
    • Third Party (Rights against Insurers) Acts;
    • Insurance Act 2015.

    In particular, she assisted him in respect of the construction of a professional indemnity policy in a dispute worth over £2 billion.
     

  • Tax

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    Marianne accepts instructions from both HMRC and taxpayers. She has been instructed by HMRC as a junior to Akash Nawbatt QC and Chris Stone in a high value individual residence case (Hargreaves v HMRC). 

    She has been involved in the work of members of chambers, including litigation in the First-Tier Tribunal, Upper Tribunal and Court of Appeal. This has included the:

    • Validity of discovery assessments;
    • Imposition of statutory penalties;
    • Application of the ECHR to the FTT’s jurisdiction;
    • Scope of the Construction Industry Scheme.
  • Personal Injury

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    Marianne acts for Claimants and Defendants both in county courts and in an advisory capacity. She is regularly instructed on a number of small claims, fast track trials, application hearings and CCMCs. She is adept at drafting pleadings, advices on liability and quantum, and questions to and agendas for experts. She also has experience of appearing before the Criminal Injuries Compensation Tribunal.

    She has experience across a broad spectrum of personal injury matters, including:

    • Clinical negligence disputes;
    • Fatal accidents;
    • Road traffic accidents;
    • International litigation;
    • Package travel claims;
    • EL/PL.

    Marianne has been involved in a number of high profile personal injury cases, involving complex human rights issues. In particular, she is instructed on behalf of the Foreign and Commonwealth Office in the Kenya Emergency Group Litigation, which is brought by over 40,000 former “Mau Mau” and related claimants in respect of their experiences in Kenya in the 1950s. In the course of proceedings, she has reviewed disclosure, proofed witnesses, drafted witness statements, prepared examination-in-chief and re-examination for defendant witnesses and assisted with preparation of closing submissions. She also assisted Rob Weir QC in Cox v Ministry of Justice, a case on the scope of vicarious liability which was heard in the Supreme Court.

    She has experience of the cross-over with employment law and is presently instructed by the Ministry of Defence in a High Court claim, involving sensitive allegations of bullying and discrimination against the Armed Forces. 

Memberships and Associations

ILS (Executive Committee member)

ELA

ELBA

COMBAR (Junior Committee member)

BILA

PIBA

Academic

University of Durham, BA (Hons) Philosophy, Politics and Economics (First Class)

College of Law, GDL and BPTC 

King’s College London, LLM (Distinction)

Publications

Vicarious Liability: An Ever Expanding Concept? (ILJ (2016) 45 (4): 556-564)

Awards and Scholarships

Inner Temple Exhibition Award 2013

Winner of BLS Debating Competition 2012