Barrister Profile

Profile

Sam is available to take instructions in the following areas: personal injury, clinical negligence, employment, education and commercial. 

Sam has extensive practical commercial experience having previously had a career with a multi-national insurer.  He therefore gives common sense commercially driven advice.

Employment

Sam's employment practice is going from strength to strength; representing both claimants and respondents.  He is regularly instructed by well-known financial institutions, utility companies, public authorities and a police authority.

Sam has gained a great deal of advocacy experience in employment tribunals.

Sam's substantive employment tribunal cases include:

• Fitzke v AEG: represented the Respondent in a discrimination trial listed for 5 days.
• US v Leader: represented the Respondent in this two day redundancy case.
• Dunt v A FINANCIAL INSTITUTION: represented the Respondent in a pregnancy discrimination and unfair dismissal hearing. 
• Dunn v A BANK: represented the Respondent in a unfair dismissal claim.
• Birney v Anglian Water: represented the Respondent in an unfair dismissal claim.
• M v AN AIRLINE: represented the Respondent in a disability discrimination case.
• Scott v A POLICE FORCE: represented the Respondent in an action for unfair dismissal brought by a PCSO.
• Simpson v A SCHOOL: represented the Respondent in an unfair dismissal and age discrimination claim.
• Poole v A SCHOOL: represented the Respondent in an unfair dismissal case arising out of a redundancy.
• Sinclair v IM: represented the Respondent in an unfair dismissal claim.
• MR L v Royal Mail: represented the claimant in a multi-day unfair dismissal case. 

He has appeared in numerous CMDs and PHRs.

Sam also regularly represents a police force in employment matters before tribunals.

In addition to his tribunal advocacy experience Sam has also appeared in the EAT (appeal on the grounds of perversity).  

Sam has appeared in the High Court to defend an injunction application on behalf of Action for Children following an attempt by an employee to injunct the charity to prevent an internal disciplinary hearing from taking place:

• Kirk & Ors, R (on the app'n of) v Action for Children [2010] IRLR 699  - Bailii Report

Sam has been published in the ELA Briefing with an article on the important indirect discrimination case of Debique v Ministry of Defence.

Whilst a pupil of Suzanne McKie Sam gained a great deal of experience in high profile and high value discrimination cases, including:

• Switalski v F&C Asset Management

• Corscadden v Credit Agricole Cheuvreux

Commercial Law

Sam has assisted in multi-million pound insurance litigation (which has recently resolved) in the High Court (Colin Edelman QC and Richard Harrison instructed).

He is also representing a Defendant builder in a professional negligence action.

Sam has recently advised (in conjunction with Richard Harrison) in a contractual dispute relating to the development of commercial property.

As an off-shoot of his personal injury practice Sam has been instructed to advise on the construction of a contract of insurance.

Personal Injury

Sam has an enviable personal injury practice for a barrister of his call, having been instructed in a large number of multi-track actions in cases worth up to £225,000.  He represents both Claimants and Defendants in this area.  Sam is of course also willing to take on fast track matters.

Sam has substantial trial advocacy experience in personal injury matters in both the fast and multi tracks.  

Sam has an excellent manner with lay clients with the ability to put them at ease immediately.

He is currently being led by Steve Killalea QC in a high value spinal injury case.

Some of Sam's recent cases include:

• Finch v Kent County Council
• Tetley v Associated British Ports: successfully represented the Claimant in a multi-track manual handling trial.
• Ward v Potterton & other: successfully represented the Defendant in an action brought under the Occupiers' Liability Act.

Clinical negligence is a particular area of interest to Sam.  He has drafted lengthy Particulars of Claim in a clinical negligence action.

As a result of Sam's personal injury practice he has also advised on issues of credit-hire including the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulations 2008.

Education Law

Sam is developing a practice in education work. 

He appeared in an appeal against a local education authority's decision to refuse a child, who was subjected to bullying, a place at a secondary school which was out of his "catchment area" but very close to his home.

Publications

Ministry of Defence v DeBique - article first published in ELA Briefing in December 2009

Education

LLB (First Class - top first in year)
LLM (Upper Second)
Bar Vocational Course (Very Competent - placed 28 out of over 600 in year)

Professional memberships

PIBA

ELA