Contact Us
5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk
Practice Areas
Police Law
;Public-Administrative Law
;Employment Law
;Personal Injury Law
;Licensing Law
;Other Specialisms
Alex Ustych
YEAR OF CALL 2010
Background
Alex graduated with a First in Law from Durham University. He worked within the asylum/human rights litigation sector for several years. He attained a Distinction in his LLM (with a dual focus on disability discrimination under the Equality Act 2010 and Coroners' Inquests involving police/public authorities) and completed the Bar Vocational Course at BPP (London).
He was called to the Bar by Gray’s Inn in November 2010 and was awarded the Inn’s Bedingfield Scholarship as well as an LLM scholarship.
He accepts instructions in all of Chambers’ main practice areas.
Police Law
Alex has been instructed in a variety of police law matters. He successfully represented the police in strike-out/summary judgment applications in relation to claims of negligence, misfeasance in public office and trespass. He was instructed by the Independent Police Complaints Commission to resist an application in a civil police claim before a High Court judge. He has extensive experience of appearing in Proceeds of Crime Act matters, including multi-day Crown Court appeals and high-value seizures. He successfully represented the police in a complex multi-day ‘Crack House Closure’ hearing involving 7 witnesses. He has significant experience of appearing in Sexual Offence Prevention Order, RSHO and ASBO hearings.
Alex has also advised police forces on proposed policies (including those relating to the Olympics), Data Protection Act obligations and disclosure issues arising from inquests.
Under the supervision of Anne Studd, Alex was involved in a number of civil police actions, police misconduct matters and inquests. He is keen to further develop his expertise in these areas. Alex has been instructed to direct the disclosure process in several civil actions against the police. He is also the author of a recent article in the New Law Journal examining the impact of human rights legislation on police disciplinary proceedings.
Public Law
Under the supervision of Anne Studd, Alex acquired experience of judicial review claims involving the police, including review of police exercise of their powers as well as disclosure issues.
Employment Law
Alex has extensive experience of complex employment law claims. He frequently appears at multi-day discrimination hearings (with particular expertise in disability, age and sex discrimination). He has also been instructed in a claim combining unfair dismissal/redundancy and age discrimination. Alex has also been instructed as junior counsel assisting in an ongoing appeal to the EAT. He regularly undertakes pro bono work via the Free Representation Unit and the Employment Lawyers Association (of which he is a member).
Alex is regularly involved in drafting pleadings in employment matters (in particular discrimination cases) as well as advising in such cases. Having worked on employment matters in-house, Alex is particularly aware of commercial considerations that apply to such cases.
Alex advises on all aspects of employment law, including on non-contentious issues such as the impact of the recently introduced Agency Workers Regulations as well as Transfer of Undertakings (Protection of Employment) Regulations 2006 issues. He has experience in delivering seminars to businesses on topics such as TUPE, with a focus on practical guidance. Along with Victoria von Wachter, Alex has recently published an article examining the impact Article 6 on ‘career-ending’ disciplinary proceedings.
Licensing Law
Alex has extensive experience of representing licensing authorities in the Magistrates’ and Crown Courts. He successfully represented police forces in several firearm/shotgun certificate appeals in the Crown Court. He regularly appears at first-instance and appellate courts in relation to taxi driver and operator licences.
Personal Injury Law
Alex has comprehensive experience of writing advices and pleadings in personal injury matters, including employers’ liability claims (PUWER, Work at Height, manual handling), RTAs, occupiers’ liability and consumer protection claims. He has particular experience in advising on the existence of a duty of care in unorthodox claims. He has also advised on quantum in cases involving multiple complex injuries and extensive medical evidence.
He appeared at Multi-Track hearings before Circuit Judges in ‘unless order’ applications, in hearings related to disclosure as well as in Case Management Conferences. Alex is frequently instructed to appear at infant settlement hearings as well as disposal hearings.
Other
Alex has been instructed in relation to commercial/contract disputes, particularly in the energy sector. While working in-house, he acquired experience of high-value negligence/contract claims and injunctions, as well as highly technical claims involving significant expert evidence.
Under the supervision of Richard Oulton, Alex gained experience in advising on commercial law matters including contract claims and jurisdictional issues. He appeared at County Court hearings arising from commercial litigation and was instructed in charging order appeals.
Publications
‘No Uniform Approach’ New Law Journal Vol 161, Issue 7482 (September 2011)—analyses impact of Article 6 ECHR on legal entitlements during disciplinary proceedings (co-authored with Victoria von Wachter).
No Uniform Approach article‘Developments in the Law on Legal Representation and Admissibility: Potential Impact on the Police’ 5 EC Police Law Newsletter (October 2011, with Victoria von Wachter)—considers the impact of recent case law on disciplinary proceedings against civilian police staff as well as the admissibility of evidence given in police misconduct hearings within subsequent Employment Tribunal claims.
Personal
Alex is a keen debater and a finalist of the Gray’s Inn Debate Competition. He has undertaken internships at Olswang (2009), Macfarlanes (2009) and Clarion Solicitors (2008). Alex enjoys fencing, rock climbing, history, scuba-diving, photography and jazz. He is currently learning to play the guitar (much to the chagrin of his neighbours).