Johanna Darby

Specialisms:

Family

Johanna receives instructions in all aspects of children work including public and private law cases. In public law cases Johanna is instructed on behalf of parents, Guardians and Local Authorities appearing in the Family Proceedings, County and High Courts. She is regularly instructed in private law disputes, particularly difficult contact matters involving immigration and jurisdictional issues. She also accepts junior briefs and was recently led in a lengthy case acting for the Local Authority that included complex medical evidence. She has a particular interest in cases involving domestic violence or mental health issues.

Employment

Johanna has a rapidly expanding employment practice acting on behalf of both Claimants and Respondents in cases of unfair dismissal, race discrimination, and redundancy.

She is increasingly instructed by Local Authorities across a range of issues and particularly in respect of cases of Unfair and Constructive dismissal. Most recently Johanna won an appeal to the EAT acting for Respondents in a case involving a teacher alleged to have made racist comments.

Civil 

Johanna has a broad range of experience in both small claim and fast track matters receiving regular instructions in Road Traffic Accidents (including credit hire), contractual disputes and bankruptcy and insolvency cases.

Cases:

Gateshead Council v Hope UKEAT/0582/10/LA 
A teacher already on a formal written warning for misconduct was dismissed as he had been heard by staff and pupils making a racist joke. The Employment Tribunal upheld his unfair dismissal complaint on the basis that (a) there were no genuine grounds for belief of misconduct (despite direct evidence of more than one witness); (b) no adequate investigation (because the employer did not interview pupils); and (c) dismissal outside range of reasonable responses. The EAT allowed the appeal by the Local Authority determining that this was a plain case of the Employment Tribunal substituting its own view and misdirecting itself regarding the burden of proof.

Education & Awards:

• Ba (Hons) English Literature, University of Newcastle upon Tyne
• MA Theatre, University of New South Wales, Sydney, Australia
• GDL, College of Law, York
• BVC, BPP Leeds
• Diplock Scholar 2005/6 and 2006/7,
• Blackstones Exhibitioner
• Winner of College of Law, York Mooting Competition, the Middle Temple Rosamund Mooting Cup,
• The University of North Carolina International Mooting Competition,
• The Louise Godfrey QC Memorial Mooting Competition.

Additional Information:

Prior to being called to the Bar in 2007 Johanna had a successful career as a theatre director. She directed productions nationwide for theatres including the Live Theatre in Newcastle, York Theatre Royal and Bristol Old Vic. She also worked extensively in youth theatre, particularly with young people excluded from mainstream education or at risk of offending.

Johanna was described by the BBC as a “highflier” in their fly on the wall documentary series “The Barristers”.