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Ian Wheaton

Ian Wheaton

  • Called to BAR: 2002
  • Company Disputes
  • Employment Law
  • Family & Children
  • Landlord & Tenant (Property)
  • Property, Chancery & Trusts

Summary

What Others say ; “Calm and unflappable” Career Summary ; Ian came to the bar in his thirties, following a law degree at Southampton Solent University. He then studied in London. Between completing his legal education and coming to the Bar Ian taught employment and obligations law for undergraduates and postgraduate students in Southampton and London, and Legal Foundations for the Open University. He also represented clients in the Employment Tribunal as a lay representative from prior to being called to the Bar and has been appearing in the Tribunals in one form or another since 1996.

Specialist areas of law include

  • Company Disputes
  • Employment Law
  • Family & Children
  • Landlord & Tenant (Property)
  • Property, Chancery & Trusts

Profile description

Reported cases

Co-op v Baddeley [2013] UKEAT AllER Digest July, and [2014] UKCA civ 564 involving whistleblowing by a senior employee.

R v Bygrave 2008 All ER D 274 involving the crossover between confiscation and criminal compensation orders. Successfully appealing the imposition of confiscation and compensation orders for the same amount so in effect the defendant would pay twice

SPECIALIST AREAS

EMPLOYMENT

Ian has practised in the Employment Tribunals since 1996 representing clients firstly as a lay representative and then as a barrister since 2002. He has dealt with  the full range of dismissal, discrimination and breach of contract cases that appear before the Tribunals. He has had notable successes in equal pay matters and sex discrimination cases. He is known for robust trial advocacy and common sense advice to clients. and developed a speciality in whistleblowing claims.

Ian’s employment practice sees him represent both employers and employees, primarily in “whistleblowing” claims involving disclosures made under the Public Interest Disclosure Act 1998 in addition to the usual range of tribunal claims such as unfair dismissal constructive dismissal and discrimination claims.

In his most recently reported cases, Co-operative Limited v Baddeley [2013] All ER (D) 333 (Jul) and [2014] EWCA Civ 658 Ian represented an employee in the Employment Tribunal, then that the Employment Appeal Tribunal and then again in the Court of Appeal, (opposed by Mr Bruce Carr QC in the EAT and CA) where it was remitted to a fresh Employment Tribunal in a case involving potential lifetime losses consequent upon dismissal for making alleged protected disclosures. The case has now settled.

He is very experienced in marshalling complex factual situations and has been described as being “calm and unflappable” by an employer client in the face of hostile questioning by a Tribunal judge. Ian is known for a robust approach to cross-examination yet with a persuasive advocacy style.

Prior to practising at the bar Ian taught employment law on various undergraduate and postgraduate courses in Southampton and London.

This overlapped his early career at the Bar.

PERSONAL INJURY & CLINICAL NEGLIGNCE

Ian has considerable experience in personal injury law and clinical negligence practice. He has dealt with numerous personal injury  cases involving  road traffic accidents, employers liability, product liability, “slips and trips” and occupiers liability as well as all other accident and disease cases such as NIHL, He has expertise in cases  involving the simplest traumas to catastrophic injuries and fatal accidents

He is widely experienced in advising on liability and quantum as well as appearing in multi-track and fast track cases.

Ian has has a rapidly expanding clinical negligence practice regularly advising in conference and in writing on all aspects of clinical negligence claims. He is adept at handling expert witnesses in conference and at Trial.

He has  advised on a broad range of specialisations including: medical negligence, late and wrongful diagnosis

PROPERTY

Landlord & Tenant

Ian is very experienced in property disputes involving Landlord and Tenant (commercial, agricultural, and residential and commonhold) and possession matters. He taught commercial landlord and tenant to undergraduates for a few years prior to coming to the bar.

Real Property

He is also experienced in  broad spectrum of disputes concerning the disposition of land  whether they involve neighbours disputes. adverse possession,boundary disputes ,easements ,restrictive covenants ,nuisance .possession proceedings

Because of his experience with family finance he has a keen interest in disputes  ,trusts of land and equitable co-ownership

FAMILY CHILDREN

Private Law Children Act 1989

Ian has significant experience in all types family matters involving children disputes both domestic and international; with removal from the jurisdiction being a regular feature of his practice. He is very experienced in S7 matters as well as matters involving a foreign element.

 Care and Adoption 

Ian regularly appears in public law cases for Local Authorities, parents and Guardians. He is noted for sensitive yet firm handling of difficult removal cases for the Local Authority.

 Domestic Violence and Family Injunctions

Ian has considerable experience in injunctive proceedings under the Family Law Act 1996, dealing with both ex parte and on notice applications has represented Applicants and Respondents in serious non-molestation matters and occupation orders. He is also experienced in Protection from Harassment actions.

FAMILY FINANCE

Divorce & Separation:

Ian has expertise in the full range of Financial provision including all interim applications that can be made under this ever challenging area of law. He regularly  advises and represents client in high value matrimonial finance, schedule 1 applications and cohabitation disputes .

He has extensive experience of dealing with property and matrimonial debt,foreign divorces the armed forces, trusts, third party intervenors,distribution of pensions

Ian also has experience in advising clients in relation to  Pre and post nuptial agreements,.

 He provides clear and sensible advice throughout proceedings, providing effective negotiation and advocacy skills.

He has extensive experience of dealing with property and matrimonial debt, the armed forces, trusts, third party intervenors, distribution of pensions,

TLATA

Ian offes advice and representation in all manner of disputes concerning Trusts of Land work: under the Trusts of Land Act 1996, addressing express, resulting or constructive trusts and extending to coextensive issues such as proprietary estoppel, misrepresentation and undue influence.

 

Testimonials

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