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DALE MARTIN

 

"A great tactician who is on top of the detail.” "Personable and approachable, he is easy to get along with." Chambers & Partners 2015

"Extremely helpful, bright and hardworking.” Legal 500 2014/15

"A highly regarded junior who often acts as lead counsel in urgent injunctive relief applications. His impressive courtroom presence was highlighted by multiple interviewees.” "Dale is tactically astute and his legal analysis is clear and thorough. He is personable, approachable and reassuring to clients." "He is able to explain complex issues succinctly to the court." Chambers & Partners 2014

Dale is a"personable and able communicator" who is"incredibly diligent"and is"able to grasp complex and specialised issues very quickly." Chambers & Partners 2013

Dale "really works as part of a team with instructing solicitors, who commend him for being "a master of his papers,"and"very good at delivering difficult messages to clients." Chambers & Partners 2011/12

"Dale Martin is making a name for himself by 'making even the most difficult cases look easy.' The consummate professional, Martin 'pays close attention to detail, provides decisive and robust advice and is robust and unflappable in court'." Chambers & Partners 2010/11

"bright and grasps complex issues very quickly": Legal 500 2010/11

Dale Martin is one of the UK's top juniors specialising in employment law, regularly appearing against silks in injunctive and high value tribunal matters. Much in demand, Dale has recently featured in several high profile cases, both in his own right and led by silks within Chambers and from other sets. Increasingly instructed by blue chip firms, Dale's practice continues to go from strength to strength.

Ranked for a number of years by Chambers & Partners and Legal 500 as a leading employment practitioner, Dale has a broadly based practice with a focus on injunctions, restrictive covenant matters, bonuses, fiduciary duties, discrimination, working time and equal pay. For a full list of reported cases, see Dale’s full CV.

Recent work:

  • Having successfully resisted an injunction at the interim stage, Dale acted for the Defendants at trial in the restrictive covenant dispute in Romero Insurance Brokers Ltd v. Templeton [2013] EWHC 1198 (Sir Raymond Jack sitting as a High Court Judge). The case dealt with the correct test for repudiatory breach of contract, the alleged right to work prior to termination of employment and the approach to be taken to the enforceability of the covenants in the context of the insurance industry. The trial figured heavily in the insurance press;
  • In 2014, Dale is acting in and advising on numerous multi-party injunctive proceedings. Dale has recently defended a search order and has acted for a claimant in a multi-party financial services injunction application. His recent injunctive work encompasses industries such as the insurance, banking and architectural fields and often involves allegations of dishonesty/fraud. This work all follows on from Dale’s representation of the successful claimant (led by David Reade QC) in the landmark springboard injunction and team move case of QBE v. Dymoke [2012] EWHC 80, [2012] EWHC 116, [2012] IRLR 458 (Haddon-Cave J). Dale has also defended injunction proceedings brought against an employee recently engaged by a new business of a TV celebrity entrepreneur;
  • Dale acted for the bank in Portnykh v. Nomura International plc [2014] IRLR 251 which established important new principles of wide application concerning the without prejudice rule.
  • Dale’s work concerning City/financial employers continues to broaden. He is currently involved in many disputes arising out of the LIBOR and EURIBOR scandal. Many have settled on confidential terms;
  • Dale is currently defending hundreds of working time/holiday pay and associated claims brought in the Employment Tribunal for a major construction and highways company, many with TUPE complications and all of them relying on the recent ECJ ruling of BA v. Williams. Dale is currently advising blue chip clients on the consequences both of the BA case and Lock v. British Gas;
  • Dale continues to act in relation to many high-profile discrimination matters. In 2014, Dale is acting for a number of law firms defending their own claims. Dale was also retained to act for a leading broadcaster defending a much-publicised discrimination case brought by two former editors. The case was broadly reported in the national newspapers;
  • Dale continues to be involved in multi-claimant equal pay litigation in local authorities across the UK. His most recent appearance in the EAT on such matters was in Brett v. Hampshire County Council.
  • Dale is involved in a number of high value training levy disputes. In 2013, Dale successfully resisted an employment training levy appeal first in the Employment Tribunal and then before Edwards-Stuart J in Online Design & Engineering Ltd v. Engineering Construction Industry Training Board [2013] EWHC 287. He has now successfully resisted four appeals brought by the Appellant concerned (see also [2010] EWHC 2776 (Ouseley J)). Dale remains instructed in employment training levy litigation with a value of many millions of pounds.

 

 

    Employee Competition & Injunctions

  • Having successfully resisted an injunction at the interim stage, Dale acted for the Defendants at trial in the restrictive covenant dispute in Romero Insurance Brokers Ltd v. Templeton [2013] EWHC 1198 (Sir Raymond Jack sitting as a High Court Judge). The case dealt with the correct test for repudiatory breach of contract, the alleged right to work prior to termination of employment and the approach to be taken to the enforceability of the covenants in the context of the insurance industry;
  • In 2014, Dale is acting in and advising on numerous multi-party injunctive proceedings. Dale has recently defended a search order and has acted for a claimant in a multi-party financial services injunction application. His recent injunctive work encompasses industries such as the insurance, banking and architectural fields and often involves allegations of dishonesty/fraud. This work all follows on from Dale’s representation of the successful claimant (led by David Reade QC) in the landmark springboard injunction and team move case of QBE v. Dymoke [2012] EWHC 80, [2012] EWHC 116, [2012] IRLR 458 (Haddon-Cave J);
  • In 2012, Dale, led by David Reade QC, obtained judgment in their client’s favour in a 12 day team move springboard injunction trial, with indemnity costs, see QBE v. Dymoke [2012] EWHC 80, [2012] EWHC 116 and [2012] IRLR 458 (Haddon Cave J). The case resulted in the first known order for final springboard relief consequent upon breaches of employees’ duties of fidelity and breaches of fiduciary duty whilst in employment. They had already been successful in obtaining two interim injunctions prior to trial;
  • In June/July 2012, Dale defended injunction proceedings brought against an employee recently engaged by a new business of a TV celebrity entrepreneur.

    Statutory Employment & Employment Tribunal Work

  • Dale acted for the bank in Portnykh v. Nomura International plc [2014] IRLR 251 (EAT) which established important new principles of wide application concerning the without prejudice rule.
  • Dale’s work concerning City/financial employers continues to broaden. He is currently involved in many disputes arising out of the LIBOR and EURIBOR scandal. Many have settled on confidential terms;
  • Dale is currently defending hundreds of working time/holiday pay and associated claims brought in the Employment Tribunal for a major construction and highways company, many with TUPE complications and all of them relying on the recent ECJ ruling of BA v. Williams. Dale is currently advising blue chip clients on the consequences both of the BA case and Lock v. British Gas;
  • Dale continues to act in relation to many high-profile discrimination matters. In 2014, Dale is acting for a number of law firms defending their own claims. Dale was also retained to act for a leading broadcaster defending a much-publicised discrimination case brought by two former editors. The case was broadly reported in the national newspapers;
  • In 2014, Dale is involved as trial advocate in a multi-day TUPE trial involving multiple claimants and respondents;
  • Dale continues to be involved in multi-claimant equal pay litigation in local authorities across the UK. His most recent appearance in the EAT on such matters was in Brett v. Hampshire County Council;
  • In 2013, Dale successfully resisted an employment training levy appeal before Edwards-Stuart J in Online Design & Engineering Ltd v. Engineering Construction Industry Training Board[2013] EWHC 287. This was his fourth successful defence of appeals brought by the Appellant, two before the employment tribunal and two before the Administrative Court (see also [2010] EWHC 2776 (Ouseley J)). Dale remains instructed in employment training levy litigation with a value of many millions of pounds;
  • For a list of reported cases, see Dale’s CV.

    Contractual Disputes & Fiduciary Duties

  • Dale is currently defending multi-party proceedings relating to breach of fiduciary duty, inducement of breach of contract and conspiracy relating to the alleged ‘theft’ of various clients of an architecture practice.
  • Dale continues to advise on high value bonus and other financial incentive claims. For example, he has recently been instructed to advise on a bonus claim of a Monaco-based employee who entered into contracts with different companies within the employer group, each based in different jurisdictions around the world;
  • Many of Dale’s cases concern breaches of fiduciary duty, not least his employee competition work, e.g.QBE v. Dymoke [2012] IRLR 458, [2012] EWHC 80, [2012] EWHC 116. The case resulted in the first known order for final springboard relief consequent upon breaches of employees’ duties of fidelity and breaches of fiduciary duty whilst in employment. For similar work in an injunctive context, see above;
  • Mainline Private Hire Ltd v. Nolan [2011] EWCA Civ 189 Breach of contract and conversion claim against a former employee and director arising out a directors’ and shareholders’ dispute, following on from an earlier unfair prejudice petition;
  • Dale appeared before Burton J in the Commercial Court in relation to a claim of fraudulent misrepresentation arising out of a share purchase agreement. The Purchaser alleged wholesale fabrication of financial data and obtained a freezing injunction. The case was later settled on confidential terms.

    Commercial & Professional Negligence

Dale practices in a broad range commercial and professional negligence disputes, particularly in the employment-related context.

Recent cases include:

  • Dale has recently acted on behalf of a solicitor suing for fees and defending a professional negligence claim in the employment context. The case settled the day before trial on the basis of a six figure payment to the solicitor. Dale has acted on numerous similar professional negligence matters;
  • Dale has appeared before Burton J in the Commercial Court in relation to a claim of fraudulent misrepresentation arising out of a share purchase agreement. The Purchaser alleged wholesale fabrication of financial data and obtained a freezing injunction;
  • Mainline Private Hire Ltd v. Nolan [2011] EWCA Civ 189. Breach of contract and conversion claim against a former employee arising out of a directors’ and shareholders’ dispute, an unfair prejudice petition having been filed.

 

    Lectures & Seminars

Dale lectures across a wide range of issues and enjoys presentations to both solicitors and clients alike.

Examples of recent lecture topics are:

  • Database rights;
  • Injunctions;
  • TUPE;
  • Issues arising with actual or potential concurrent claims in the courts and in the employment tribunal.

 

    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

Call:     1997
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CV:
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