It was a shocking news when I heard about the sudden demise of John Davies. I am told that he had just returned from honeymoon and then within a couple of days suddenly had a massive heart attack. I was devastated and I can't even imagine what his wife, Barbara Davies is going through. When he traveled with me to Belfast he often used to mention Barbara and his daughter. I believe all are of the same age as he used to buy two gifts.
Mr Davies was not only a leading Barrister but he was also a very descent human being who never hesitated to take on high profile people and also judges of the EAT and the Court of Appeal. One could disagree with him without causing any hard feelings. He was very witty and I recall once I told him that some times victims can be even worse when they get their hands on power. He smiled and said, look at what is happening to the Palestinians.
Perhaps everyone knows he represnetd me in most of my cases at the Tribunal, EAT and the Court of Appeal. A number of observers used to attend the court whenever my case up for a hearing. In one of his opinions on my cases, he advised the CRE and rejected erroenous assertion of a vexatious litigant and characeterised me as a persistant litigant, who screwed the employers and the judiciary. Mr Davies was very popular with the Ethnic Minority people who have shown a great degree of confidence in his professional integrity. In my own case, I approached the Commission on Racial Equality (now called CEHR), Greenwich Racial Equality Council, Law Centre, National Civil Rights Association & others run by Labour Party racist mafia who told me that I had no case against my employer, the University of Greenwich & others. Mr John Davies put a percentage of success between 60-65% and then won at the hearing on my behalf. At the last day of submission, my estranged wife attended his closing submissions and described him as a good orator and better than some of my lawyers which she had seen in the past. I do not believe any other Counsel ever acted for behalf of so many individuals from ethnic minorities as Mr Davies did.
Further when Dr D'Silva and myself were betrayed by the CRE, Themside Racial Equality Council, Law Centres and our own Union, AUT, NATFHE, and UCU, Mr Davies stood by us. His notable cases are: Mr Justice Lindsay, President of the EAT, then he was, reversed in the Court of Appeal in Deman v Association of University Teachers, Lord David Triesman, Joanna DeGroot, Brian Everett, Geoffrey Talbot and he also succeeded in recusing Central London Employment Judge Solomon and HHJ McMullen, QC at the EAT in the same case when it was referred to the EAT for a rehearing. Mr Justice Elias, President of EAT, then he was, refused to recuse by concealing his close association with Mr Michael Scott, AUT solicitor but then wihtin after 6 month, Mr Davies' junior colleague, Mr Dale Martin exposed Mr Justice Elias and forced him to recuse (http://cemkumar.googlepages.com/bumpyrideateat). Of course, he won Dr Deman's claims of racial discrimination, victimisation and unfair dismissal against the University of Greenwich, Russell Brockett and Ross Geddes at the Ashford Tribunal in 2002. Mr Davies will always be remembered.
Dr S Deman
BSc, MA (India), MA&ABD (US)
M.Phil (UK), PhD (Japan)
UNEP/UNCTAD Consultant &
Visiting Professor, Japan/Australia, NewZealand
see: http/employmenttribunalsnews.blogspot.com
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