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 employment, commercial litigation, insurance, tax and personal injury. He has a busy advocacy and paperwork practice across the High Court, County Court, Employment Tribunal and First-tier Tribunal (Tax Chamber). He prides himself on his practical and strategic approach to his advice, and has been praised by clients for his efficient and responsive style.

Before coming to the Bar Sam worked for the Royal British Legion as a War Pensions and Armed Forces Compensation Adviser.

Sam is qualified to be instructed under the Public Access scheme and does so in appropriate cases. Please contact the Practice Managers for more information if you are interested in instructing Sam on this basis.

  • Employment

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    Sam has a busy and varied practice in all areas of employment and discrimination law, representing both claimants and respondents in preliminary hearings, final hearings and on appeal. He is regularly instructed on multi-day Employment Tribunal hearings and has experience of advising on the enforcement of restrictive covenants. Sam is adept at handling complex, document-heavy cases either as sole counsel or as part of a team.

    Recent instructions include:

    • Advising on the ongoing conduct of an complex case concerning alleged disability discrimination by a member of an LLP.
    • Junior to Andrew Burns QC in an appeal to the EAT concerning the proper construction of Anti-Corruption policies and the limits of reliance on employee admissions.
    • Junior to Akash Nawbatt QC on an high-profile case involving whistleblowing allegations made by a commodities trader concerning the conduct of business in developing markets.
    • Ricketts v Openreach Ltd. Sam successfully argued that a dismissal for some other substantial reason, namely poor attendance, was fair despite the Claimant having returned to work.
    • Irving v British Telecommunications Ltd. Sam successfully achieved dismissal of a claim for discrimination arising from disability, failure to make reasonable adjustments and unfair dismissal on the basis that the Respondent’s alterations to its normal absence process were reasonable and proportionate.
    • Advising and drafting pleadings in a complex claim for whistleblowing detriment, disability discrimination, unfair dismissal and unlawful deduction of wages.
    • Representing the Respondent in a claim for unlawful deduction from wages in which the Claimant was alleged to have fraudulently claimed not to have received payments.

    Sam has a particular interest in issues arising out of the Coronavirus Job Retention Scheme. He was instructed, along with Bruce Carr QC, to advise LawWorks on issues arising from furloughed employees volunteering under the scheme. The advice was published and is available here. He has also written about the scheme for the Devereux Chambers Blog, Practical Law Employment and Discrimination Blog, and has recorded a podcast on the scheme. As a combined employment and tax practitioner, Sam is well placed to advise on all issues arising out of eligibility for and implementation of the scheme.

    Sam is an editor of the ‘Maternity & Pregnancy’ and ‘Sex’ chapters of Discrimination Law published by Bloomsbury Professional, and contributes to the Devereux Employment Law blog and the PLC Practical Law blog. He is a member of ELBA and ELA.

  • Commercial Litigation and Disputes

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    Sam welcomes instructions in all aspects of commercial work. He has a particular interest in claims arising for breaches of directors’ duties, shareholder disputes, and professional negligence claims.

    Recent instructions have included:

    • Instructed as sole counsel to defend a High Court claim for various economic torts, including unlawful means conspiracy and inducing breach of contract.
    • Advising on a section 994 claim arising from alleged misappropriation of company funds to lower corporation tax liabilities.
    • Advising on claims for breaches of a directors’ ongoing duties following solicitation of the company’s clients after his resignation.
    • Advising on a complex case of alleged fraudulent misrepresentation by an accountant who had withheld money transferred to effect the purchase of residential property.
    • Advice on the construction of an oral compromise agreement to settle potential disputes well in advance of litigation.
    • Advice on the exercise of a contractual discretion to investigate eligibility for prizes under a Gambling Contract.
    • Representing a Claimant firm of solicitors in proceedings to enforce an unpaid bill of costs.

    Sam is a member of COMBAR.

  • Insurance & Reinsurance

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    Sam accepts instructions in all areas of insurance and reinsurance work for both insurers and policyholders, including both general insurance issues and those arising from COVID-19 related issues.

    Recent work includes providing assistance in arbitral proceedings relating to a major claim arising out of a contractors’ all-risks policy. During pupillage, Sam also provided assistance to Richard Harrison in R & S Pilling t/a Phoenix Engineering Limited v UK Insurance Limited [2019] UKSC 16. Sam has a particular interest in business interruption insurance and notification issues.

  • Personal Injury

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    Sam is regularly instructed to advise and represent both claimants and defendants on fast and multi-track claims, including those that raise complex issues of law.

    Recent instructions include:

    • Drafting pleadings in a secondary victim claim involving complex issues of causation of mental health conditions. Successful settlement was obtained following service of Sam’s pleadings.
    • Representing a Claimant in claim involving allegations that the Claimant was fundamentally dishonest because of discrepancies between the information provided to the Claimant’s insurer and in the Claimant’s witness statement. Sam successfully resisted both a finding of fundamental dishonesty and the Defendant’s application for permission to appeal on that point.
    • Obtaining judgment and costs in excess of the fixed costs regime in CPR 45.29J due to the Defendant’s non-engagement in the matter after agreeing settlement.

    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 is a regular contributor to the Personal Injury Brief Update Law Journal. Recent articles include:

    Sam is a member of PIBA.

  • Clinical Negligence

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    Sam accepts instructions on behalf of claimants and defendants in all areas of clinical negligence. He is experienced at drafting pleadings in cases raising complex issues of causation requiring multi-disciplinary expert evidence. He is also experienced at advising on complex issues of quantum

    Sam contributes to the Personal Injury Brief Update Law Journal on a regular basis on matters arising out of clinical negligence claims. Recent articles include:

  • Tax

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    Sam welcomes instructions on behalf of both taxpayers and the revenue. He has recently worked on an appeal to the Upper Tribunal against a denial of specific disclosure application and been instructed to defend County Court proceedings for the enforcement of sums alleged to be due following the issue of Accelerated Payment Notices.

    Sam has spoken on the Devereux Chambers Elevenses webinar series on the Transfer of Assets Abroad, and the Junior Tax webinar series on the Jurisdiction of the FTT.  

    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 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.

    Sam is a member of the RBA.

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, ELBA, RBA, COMBAR

Personal Interests

When time allows, Sam enjoys watching and playing all sport. He has come to terms with the fact he is better at the former than the latter.