Ezra Macdonald

Contact

Expertise

Personal Injury and Clinical Negligence

Ezra has substantial experience of a range of drafting and advisory work, encompassing a broad spectrum of claims for personal injury, including occupier’s liability, public liability, highways, road traffic accidents, nuisance, and negligence pleaded with reference to breaches of health and safety legislation. He is well-versed in noise-induced hearing loss claims, hand-arm vibration syndrome, and other aspects of industrial disease. His drafting experience extends to schedules of loss in excess of £250,000.

He has represented both claimants and defendants in a range of county court hearings, on the small claims track, fast track, and multi-track – including full trials of liability and quantum, directions hearings, applications, and costs and case management conferences. Having cut his teeth in the criminal courts, he is particularly well suited to examining cases of alleged fraud.

Ezra has a particular interest in credit hire cases, acting for both claimants and defendants, and is always happy to provide guidance at any stage of litigation.

Ezra has published articles in The Journal of Personal Injury Law and for PI Brief Update. His article Withdrawal of Part 36 Offers (Journal of Personal Injury Law, September 2013) accurately predicted – or influenced (he isn’t sure which) – the revisions made to Part 36 of the current Civil Procedure Rules.

Employment and Discrimination

Ezra has a busy employment practice, covering both paperwork and representation.

He has advised and represented clients across a range of issues, including claims relating to unfair dismissal; redundancy, including selection for redundancy and entitlement to enhanced redundancy payments; disability discrimination and failure to make reasonable adjustments; ‘associative’ discrimination; TUPE (including ‘TUPE-analogous’ cases in the public sector and the Henke exception); contracts of employment (including implied terms); and application of the Working Time Regulations. His drafting experience includes all manner of pleadings, schedules of loss, applications to amend statements of case, applications to strike out, applications for review, and responses.

Ezra is frequently instructed to represent both claimants and respondents, in single- and multi-day hearings in the Employment Tribunals, and in case management discussions, pre-hearing reviews, and preliminary hearings under the current Rules. He has experience of appellate work in the Employment Appeal Tribunal.

Business and Commercial

Ezra has a well-developed interest in contractual disputes, and his commercial practice often relates directly to issues in employment law. He has advised parties on directors’ liabilities, post-termination restrictive covenants, entitlements regarding share options, fiduciary duties, and share purchase agreements.

He has advisory experience in disputes relating to consumer transactions, the sale of goods, and the enforceability of contractual terms in consumer contracts, contracts for the supply of services (gas, electricity, and so on).

Property

Ezra regularly provides advice and representation in property disputes, both residential landlord & tenant, and disputes involving commercial property.

On the residential side, Ezra primarily acts for landlords, often dealing with possession proceedings and notices under s 21 Housing Act 1988, and addressing breaches of covenant (whether of the landlord’s covenants or of the tenant’s), with related litigation involving Schedules of Dilapidations and disputes over the interpretation of leases. He has also acted for tenants, including tenants of local authority accommodation, and is able to advise on homelessness where necessary. He is able to do so on a direct access basis, particularly in cases where legal aid is unavailable.

In commercial property, Ezra has a focus on the correct interpretation and application of commercial leases, the enforcement of leasehold covenants, and dilapidations.

Ezra also deals with a range of issues relating to the sale of property, professional negligence actions against conveyancers, and leasehold enfranchisement.

He has a particular interest in procedural matters, such as the requirements for valid service of notices, and is happy to advise clients at any stage of litigation.

Regulatory and Disciplinary

Ezra is able to act as a case presenter on behalf of the Nursing and Midwifery Council, and is able to provide both representation and advice to individuals facing non-NMC disciplinary proceedings.

Overview

Year of call: 2012
Appointments:
  • Bedingfield Scholar Gray's Inn
Areas of specialism:
  • Administrative and Public Law
  • Business and Commercial
  • Employment and Discrimination
  • Inquests and Inquiries
  • Personal Injury and Clinical Negligence
  • Property
  • Public Access and Direct Access
  • Regulatory and Disciplinary
Professional associations:
  • Personal Injury Bar Association (PIBA)
  • Employment Lawyers Association (ELA)
  • Employment Law Bar Association (ELBA)
  • ADR Group - Accredited Mediator
  • AIRE Centre (London)
  • Association of Regulatory & Disciplinary Lawyers (ARDL)
  • Property Bar Association
Outside Interests:
  • He occasionally finds time to practice kendo and is a Trustee of The Pituitary Foundation, a charity.