Sam Way

Year of Call: 2016

Sam Way

Year of Call: 2016

Sam Way

Year of Call: 2016

Sam Way

Sam Way

Year of Call: 2016

Sam accepts instructions in all of Chambers’ core practice areas, including personal injury, tax, employment, insurance & reinsurance, and commercial litigation.

Before joining the Bar, Sam worked for the Royal British Legion as a War Pensions and Armed Forces Compensation Adviser, representing service personnel in appeals arising out of the compensation schemes for those injured in service.

During his studies, he undertook a research internship at the Open Democracy Advice Centre, a policy and advocacy organisation in Cape Town which aims to improve protection for whistleblowers and promote freedom of expression.

Sam accepted the invitation to join Chambers following the successful completion of his pupillage in October 2019.

  • Personal Injury

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    Sam is regularly instructed in County Court fast track and small claims trials, stage 3 hearings under both the Road Traffic and Employer’s Liability protocols, and settlement approval hearings.

    His previous experience as a war pensions adviser for the Royal British Legion, advising on claims arising out of injuries suffered by servicemen, means that he is used to advising on claims involving complex issues of causation, including causation of degenerative conditions and those involving pre-existing conditions. He is currently instructed to advise on a war pension claim by a former serviceman for late onset rheumatological and musculoskeletal.

    As pupil to Rob Hunter, Sam gained experience of a wide variety of catastrophic injury, clinical negligence and fatal accident claims. Sam has extensive experience in drafting pleadings and schedules of loss in high value claims.

    Sam provided extensive research support to Rob Weir QC in X v Kuoni Travel Ltd [2019] UKSC 37, both in the Supreme Court and in the forthcoming reference to the Court of Justice of the European Union. He is therefore particularly well placed to advise on claims under The Package Travel and Linked Travel Arrangements Regulations 2018.

    Sam welcomes instructions for procedural applications. As a pupil, Sam appeared in CMC, costs and a variety of other application hearings in both fast track and multi-track claims.

  • Employment

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    Sam has quickly established a practice in all areas of Employment law. He is regularly instructed in multi-day employment tribunal litigation in cases raising allegations of both unfair dismissal and discrimination. He has been praised by clients on his strategic approach and his calm manner in cross examination.

    As pupil to Alice Mayhew, Sam gained substantial experience of cases involving allegations of:

    • Whistleblowing detriment,
    • Race discrimination,
    • Sex discrimination,
    • Maternity discrimination, and
    • Harassment and victimisation.

    Sam also assisted in resisting applications to appeal to the Employment Appeal Tribunal.

    Sam also welcomes instructions to advise and draft documents.

  • Tax

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    Sam is developing a practice in tax. As pupil to Aparna Nathan QC, he gained extensive experience in a wide range of tax litigation, including Beadle v HMRC [2019] UKUT 0101 (TCC) concerning the FTT’s jurisdiction when considering an appeal against penalty notices for non-payment of Partner Payment Notices. 

    Sam provided extensive research support to Marika Lemos in the Supreme Court appeal in Routier v HMRC [2017] EWCA Civ 1584, in particular concerning the definition of a charitable trust for IHT purposes and the principle of effective fiscal supervision under EU law. 

    Sam also gained extensive experience of advisory work including; discovery assessments, business property relief, residence and domicile, interest in possession trusts, HMRC’s information gathering powers under Schedule 36 FA 2008, the reservation of benefit regime and the application of IR35 in a case concerning a high profile actor.

  • Commercial Litigation

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    Sam welcomes instructions in all aspects of commercial work.

    As a pupil, Sam was instructed to advise and draft pleadings in a contract claim concerning the exercise of a contractual discretion to investigate and determine disputes arising under the contract.

    He also conducted extensive research in commercial cases including:

    • comparative approaches to joint venture agreements for the exploitation of oil and gas reserves in common law jurisdictions,
    • in a professional negligence claim against a firm of solicitors, the proper approach to valuing lost litigation where there is minimal evidence as to the prospects of the lost claim.
  • Insurance & Reinsurance

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    Sam is developing a practice in insurance litigation. He provided assistance to Richard Harrison in R & S Pilling t/a Phoenix Engineering Limited v UK Insurance Limited [2019] UKSC 16 and is interested in pursuing all aspects of insurance work.

Academic

BA (Hons) Philosophy; Queens’ College, Cambridge

GDL; City University London

BPTC; City University London - Outstanding

Awards & Scholarships

Inner Temple GDL Exhibition Award

Inner Temple BPTC Exhibition Award

Memberships & Associations

PIBA, ELA