Described by a leading legal directory as "exceptionally dedicated and thorough", Dale Martin is one of the UK's top juniors specialising in employment and commercial law.

Called to the Bar in 1997, Dale's practice covers employment, commercial and professional negligence, with an emphasis on advocacy. He is lauded for his "brilliant attention to detail" but offers pragmatic solutions. He has been led by numerous members of Chambers, often in relation to Employment Injunctions and Director and Senior Employee Disputes. Dale specialises in employment appellate work, Equal Pay cases, TUPE issues and Discrimination, Harassment and Victimisation claims. His commercial work comprises a broad range of business disputes, including Sale of Goods cases and Insurance cases. In Civil Fraud cases, he obtains Asset Freezing and Recovery orders such as search and seizure orders.

Education

1993-1996: University of Nottingham LLB (Hons) 1st Class (placed second in year)
1996-1997: Inns of Court School of Law (Very Competent)
1996 Winner, University of Nottingham Law Graduates' Association Moot Prize

Professional Experience
Employment

Broadly based practice covering a wide range of matters, with an emphasis on Equal Pay, TUPE, and all types of Discrimination, Harassment and Victimisation. Involved in numerous restrictive covenant matters both by himself and as junior to Leading Counsel, often involving injunctions, such as freezing order and search and seizure order relief. Particular experience in work concerning City financial employers/employees including bonus, restrictive covenant and other contractual issues. Appeared in EAT on numerous occasions (either by himself or as junior) in relation to equal pay, discrimination and other matters, dealing with points as varied as privilege against self incrimination, legal privilege, res judicata, tribunal procedure, perversity and injury to feelings awards.
Some recent and reported cases:

Blockbuster Entertainment Ltd v James [2006] EWCA Civ 684 - Appeal concerning the decision of an employment tribunal to strike out an employee's claims by reason of his conduct of litigation; guidance given by CA as to circumstances in which an employment tribunal could strike out claims for disobedience of tribunal orders. Dale successfully defended all of the Claimant's claims before the employment tribunal in a month-long trial in 2007;
Currently advising a County Council on various issues arising out of Equal Pay claims brought against it by over 400 employees, comprising class and individual actions;
Successfully defended an appeal to the EAT on an Equal Pay part-time pension claim (Jeffrey v Secretary of State for Education [2006] ICR 1062;
Recently acted (both alone and with QCs in Chambers) for a number of City financial institutions in Director and Senior Employee Disputes, Bonus Disputes and Employment Injunctions to enforce by garden leave clauses and various post-termination restraints;
BNP Paribas v Mezzotero [2004] IRLR 508 - Junior Counsel acting for a City bank in an equal pay/sex discrimination case brought by a senior marketer. The Interlocutory appeal particularly concerned the extent of the without prejudice principle. The case thereafter proceeded to a 14 day full merits trial and to further appeal;
British Telecommunications plc v Communication Workers Union [2004] IRLR 58 - Junior Counsel acting for employer who sought and obtained an injunction to prevent a strike of up to 14,000 employees. Submissions on numerous points of interpretation of Trade Union and Labour Relations (Consolidation) Act 1992 especially as to requirements of Trade Union to give employer due notice of employees whom it was reasonable to believe would be entitled to vote in the ballot and would take part in the strike;
Fu v London Borough of Camden [2001] IRLR 186 - Successful EAT appeal concerning reasonable adjustments in disability discrimination cases and the extent to which the Tribunal should express reasons in its decision;
Tchoula v ICTS [2000] IRLR 643 EAT - Successful EAT Appeal concerning Injury to feelings awards in race discrimination cases and tribunal procedure;
Facey v Midas Retail Security Ltd & Anor [2000] IRLR 812 - Employment tribunal members neither compellable nor competent witnesses before EAT in cases where bias or misconduct alleged against one or more employment tribunal members. Successful before EAT;
Ramsey v A-Z Restaurants - Termination of employment of "Celebrity Chef" and other associated matters.

Commercial

A broad range of contractual disputes, in particular sale of goods and other title disputes over goods, computer technology disputes, insurance and reinsurance, insolvency (both corporate and personal), partnership, mortgage disputes and commercial fraud.
Recent cases:

Advised a sub-contractor of the Insurance, negligence and solvency consequences of a fire at a film studio;
Advised on alleged defective works on software for use in the oil industry with particular reference to the quantum of damages;
Obtained freezing order relief in a case concerning commercial leasing Civil Fraud;
Obtained a search and seizure order in an Asset Freezing and Recovery case where a client's data had been stolen by a competitor;
Acted for a minority shareholder in a shareholders' dispute concerning a bus company;
Acted for a potato trader in a High Court Sale of Goods dispute where issues as to satisfactory quality, fitness for purpose and the appropriate measure of damages arose;
Acted for the proprietor of an erotic magazine in a passing off action;
Expo Fabrics (UK) Ltd v Naughty Clothing Company Ltd [2003] EWCA Civ 1165 - resisted an appeal in a Sale of Goods action concerning questions of contractual incorporation of terms and issues under the Unfair Contract Terms Act 1977;
Hakendorf v Vivian [2004] EWHC 2821 (QB) (14 December 2004) Dispute between solicitor and former client concerning litigation retainer where solicitor had obtained freezing order relief over former client's assets in order to ensure sufficient assets in the jurisdiction to satisfy the bill;

Professional Negligence

Regularly instructed in professional negligence matters especially solicitor's negligence. Have advised on advocate's negligence since removal of advocate's immunity.
Recent cases:

Recently acted for a retired partner in a firm of financial advisers facing enforcement following a determination by the Financial Ombudsman Service, where insurers were reluctant to acknowledge professional liability indemnity;
Recently acted for a large insurer's professional indemnity team in relation to numerous solicitor's negligence cases in the context of employment and related civil litigation.

Lectures and Seminars
Lecture topics including:

Pleadings
Tactics before and after commencement of litigation
The early stages of employment tribunal proceedings
Construction of the employment contract and implied terms
The Statutory Disciplinary and Dispute Resolution Procedures

As well as these topics, Dale is happy to tailor a lecture to fit your requirements - for further information contact his clerks via the 'Contact Us' page

Member of Editorial Committee of Central Law Training Civil Procedure Law Reports

Professional Associations

Commercial Bar Association
Employment Lawyers' Association
Employment Law Bar Association

Personal

Hobbies: travel, theatre, art and swimming