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Dale Martin
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DALE MARTIN

Dale Martin is one of the UK’s top juniors specialising in employment law, regularly appearing against silks in injunctive, appellate 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 cases often involve individuals of very high net worth and are of unusually high value. Dale is also increasingly selected by law firms for their own litigation, enjoying a ‘trusted advisor’ status in difficult disputes. With a keen attention to detail and a compelling advocacy style, Dale has a formidable reputation and his 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, contractual disputes, discrimination, TUPE and in mass-claimant litigation in the fields of working time and equal pay.

"Praised from all quarters for the quality of his advocacy and attention to detail. Others note the "excellent support” that he provides to clients. He is an experienced litigator in both the High Court and tribunal… he show fantastic attention to detail and is a robust advocate who refuses to sit on the fence.” Chambers & Partners 2016

"He sticks by his arguments and is decisive, and he is also a pleasure to work with and very accessible.” Legal 500 2015/2016

"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 2014/5

"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

 

    Recent work

  • In 2016, Dale was instructed in two appeals to the EAT against an internationally renowned music industry celebrity, who kicked a long-term employee/confidante out of his inner circle. The first appeal concerned the celebrity’s applications for privacy in the proceedings, namely, restricted reporting orders, anonymity orders and an application in respect of the underlying discrimination trial to be heard in private. The second concerned an appeal from an amendment application.
  • In 2016, Dale obtained a strike out order in respect of 763 working time/holiday pay and associated claims brought in the Employment Tri­bunal against a major construction and highways company. He remains instructed in numerous other multiples around the UK, and has obtained strike out orders in yet further multiples. Many of the cases have TUPE complications and all of them rely on the 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.
  • In 2016, Dale is acting in and advising on numerous multi-party injunctive proceedings and related damages claims for breach of fiduciary duty. 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, and his appearance as sole counsel in the trial in Romero Insurance Brokers Ltd v. Templeton [2013] EWHC 1198.
  • In 2016, Dale continues to act in a multi-million pound claim for breach of warranty being brought by the purchaser of a substantial software business under a share purchase agreement.
  • In December 2015, Dale appeared before the EAT in the multi-party TUPE matter of Mustafa v. Trek Highways Ltd UKEAT/0016/15/BA. The appeal arose out of Dale’s successful defence of his client against an allegation of TUPE transfer/service provision change raised by 15 employees. The case arose out of a business failure and subsequent insolvency of the claimants’ employer during retendering by tfl of London’s road mainte­nance contracts. The matter has been remitted to the ET in respect of the two remaining employees in the claim.
  • Dale continues to be involved in multi-claimant equal pay litigation for large private sector employers (often in food and drink) and for local authorities across the UK. These claims often have very high potential value, particularly having regard to knock-on consequences. In late 2015, Dale appeared with David Reade QC at the EAT in their successful appeal of 2 Sisters Food Group Ltd v. Abraityte UKEAT/0209/15/MC.
  • Dale’s work concerning City/financial employers, often appearing alone against a senior silk, continues to broaden. He has recently been involved in many disputes arising out of the LIBOR and EURIBOR scandal. In December 2015, he obtained a settlement for a banker client following a disability discrimination claim implicating the most senior members of the bank concerned. The case was substantially reported in the press. This work follows on from the obtaining of a multi-million pound sex discrimination settlement for a banker client against a leading international bank in December 2014. Both settlements occurred following a substantial number of hearings in private at the ET.
  • In 2015, Dale acted for both shareholder/directors and members of LLPs alleging unfair prejudice and seeking a just and equitable winding up.
  • 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 in discrimination cases.

    Employee Competition & Injunctions

  • In 2016, Dale is acting in and advising on numerous multi-party injunctive proceedings and related damages claims for breach of fiduciary duty. 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). 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.

  • 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.

  • Dale has also defended injunction proceedings brought against an employee recently engaged by a new busi­ness of a TV celebrity entrepreneur.

    Employment Appeal Tribunal & Employment Tribunal Work

  • In 2016, Dale was instructed in two appeals to the EAT against an internationally renowned music industry celebrity, who kicked a long-term employee/confidante out of his inner circle. The first appeal concerned the celebrity’s applications for restricted reporting orders, anonymity orders and an application in respect of the underlying discriminationtrial to be heard in private. The second concerned an appeal from an amendment application.

  • In 2016, Dale obtained a strike out order in respect of 763 working time/holiday payand associated claims brought in the Employment Tri­bunal against a major construction and highways company. He remains instructed in numerous other multiples around the UK, and has obtained strike out orders in yet further multiples. Many of the cases have TUPEcomplications and all of them rely on the ECJ ruling of BA v. Williams. Dale is currently advising blue chip clients on the consequences both of the BAcase and Lock v. British Gas. 

  • In December 2015, Dale appeared before the EAT in the multi-party TUPE matter of Mustafa v. Trek Highways Ltd UKEAT/0016/15/BA (Simler J). The appeal arose out of Dale’s successful defence of his client against an allegation of TUPE transfer/service provision change raised by 15 employees. The case arose out of a business failure and subsequent insolvency of the claimants’ employer during retendering by TfL of London’s road mainte­nance contracts. The matter has been remitted to the ET in respect of the two remaining employees in the claim.

  • Dale continues to be involved in multi-claimant equal pay litigation for large private sector employers (often in food and drink) and for local authorities across the UK. These claims are invariably complex cases with broad financial ramifications, often of very far reaching application and requiring long-term team work with solicitors and clients. In late 2015, Dale appeared with David Reade QC at the EAT in their successful appeal of 2 Sisters Food Group Ltd v. Abraityte UKEAT/0209/15/MC. That case established new law in relation to the approach to be adopted in dealing with applications to amend claims, particularly regarding changing the job in respect of which the claimant seeks to bring a claim.

  • Dale’s work concerning City/financial employers, often appearing alone against a senior silk, continues to broaden. He has recently been involved in many disputes arising out of the LIBOR and EURIBOR scandal. In December 2015, he obtained a settlement for a banker client following a claim implicating the most senior members of the bank concerned. The case was substantially reported in the press. This work follows on from the obtaining of a multi-million pound settlement for a banker client against a leading international bank in December 2014. Both settlements occurred following a substantial number of hearings in private at the ET.

  • Dale is increasingly selected by law firms to act in respect of their own litigation, enjoying a ‘trusted advisor’ status in difficult disputes.

  • 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 in discrimination cases.

  • 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 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.

    Contractual Disputes & Fiduciary Duties

  • In 2016, Dale continues to act in a multi-million pound claim for breach of warranty being brought by the purchaser of a substantial software business under a share purchase agreement.

  • In 2015, Dale acted for both shareholder/directors and members of LLPs alleging unfair prejudice and seeking a just and equitable winding up. Matters were settled confidentially.

  • 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 disputes and professional negligence disputes, particularly in the employment-related context. Recent cases include:

  • In 2016, Dale continues to act in a multi-million pound claim for breach of warranty being brought by the purchaser of a substantial software business under a share purchase agreement.

  • In 2015, Dale acted for both shareholder/directors and members of LLPs alleging unfair prejudice and seeking a just and equitable winding up. Matters were settled confidentially.

  • 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.

    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

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