Editors' Blog

A fair result and a fresh chance for Freshfields

Posted 21/11/2007 by Alex Novarese

All in all, you would have to say it was a fair result that ended probably as it should have. The announcement today (21 November) that Peter Bloxham will not be appealing the conclusive victory secured by his former firm, Freshfields Bruckhaus Deringer, at the Employment Tribunal, should finally draw to a close what has been a wrenching episode for the City giant.

Bloxham’s decision not to appeal the Tribunal decision in clearing the firm of age discrimination not only brings to a close a long-running dispute that has exposed Freshfields’ inner workings to sometimes painful scrutiny but also reduces (though not eliminates) the odds the firm will face similar claims. Former partner Lois Moore already announced earlier this month that she was abandoning a similar claim.

In addition, there are many who have welcomed the claim for testing whether the age-related elements of lockstep can survive a legal challenge. In that sense, the case did the profession a favour by putting the spotlight on issues that has been simmering away since it became clear several years ago that new age discrimination legislation would include partners.

And ultimately, though he did raise some reasonable points, Bloxham did not come across when giving evidence as someone who was looking for constructive solutions to the problems Freshfields was facing. There was some truth to the assertion that he was in favour of reform as long as it had no negative impact on him.

True, there were many in the profession who looked at the attention Freshfields received and shuddered. Yet in many ways the firm stood up well to the intense scrutiny it faced. Of course, in hindsight there were mistakes and things that could have been handled better; not everyone was impressed with what looked like a tactical post-victory application for costs, which was swiftly abandoned today. But the bottom line is that the firm made genuine efforts to handle its pension reforms and partnership restructuring fairly - and was seen to have done so.

There are still too many senior lawyers who believe that concealment and privacy is somehow conducive to good governance, despite all evidence to the contrary. Having withstood a difficult and very public year, Freshfields now has the chance to move onwards and (unless something goes badly wrong) upwards. On balance, the firm has earned it.

alex.novarese@legalweek.com