Hari Menon

Called 1989

Hari has clearly taken it upon himself to thoroughly prepare for a whole array of possible eventualities and was able to draw instantly from a vast reserve of legal knowledge to challenge the various positions put forward by the other side leaving, as you rightly said, no stone unturned.

Client

About

“When you combine many years of experience with incredible legal knowledge and a calming and reassuring demeanour you have Hari Menon – a barrister you definitely want on your side. My firm has been instructing Hari for decades and he has always provided us with excellent support and advice and never once let us down. Clients think the world of him.”

Legal 500 (2021) Employment

Hari’s practice is a relatively unusal combination of Employment and Chancery / Commercial.

His Employment Law practice covers most subject areas of the field. Apart from the the commonly litigated areas of unfair dismissal and constructive dismssal, Hari’s Employment Tribunal practice has particular emphasis on discrimination, whistleblowing and holiday pay claims. His County Court and High Court practice in Employment Law consists principally of post-termination restraints in employment contracts. In the Employment Tribunal and in the civil courts he acts for both employees and employers, including local authorities. He has experience in conducting long and complex cases, particularly involving public bodies, such local authorities, police and the NHS. Hari has considerable experience in assessment of compensation in high value cases, including such important elements as pension loss and the tax element of awards.

Hari advises in and appears for clients in complex commercial litigation, including those with a conflict of laws element. His Chancery practice comprises of trusts, contentious probate, 1975 Inheritance Act claims and most areas relating to real property, such as trusts of land, land covenants, boundaries, easements, conveyancing disputes and matters concerning registration of interests in land. His work also extends to trespass, nuisance and harassment claims and civil restraint orders.

Hari undertakes work in professional negligence in all his subject areas.

Most of Hari’s work is in litigation, but his practice also involves a substantial non-contentious element including advisory work and drafting.

The extent of Hari’s work and experience is illustrated by some reported examples of the cases he has been involved in (see Notable Cases below):

Hari is registered for Public Access with the Bar Council and is able to accept instructions directly from clients.

Areas of Expertise

Accolades

  • Probate and Administration of Estates, principally all varieties of contentious probate and 1975 Inheritance Act applications.
  • Trusts and trustees, mainly in connection with Wills and TOLATA claims and with duties of trustees, sometimes involving a cross-over with claims for breach of trust and fiduciary duty.
  • Undue influence in inter vivos transactions.
  • Professional negligence relating to the above and in particular, negligence connected with the execution, administration and drafting of Wills and trusts.

 

Examples

Advising an executor and trustee on a Beddoe application for leave to play no active part in a contentious probate claim where his co-executor and trustee had dispensed with legal representation and beneficiaries had declined to give an indemnity.

Advising a defendant in criminal proceedings of the validity of a trust deed and rights of the beneficiary in connection with an application for a confiscation order under the Proceeds of Crime Act 2002.

Successfully representing a defendant in a dispute concerning co-ownership of land and partition – Ellison v Cleghorn [2013] EWHC 5 (Ch)

In the Court of Appeal: Successfully challenging an order for costs made by the High Court where the claimant executor trustee was deprived of 50% of his costs despite the defendants accepting his Part 36 offer late in a claim based on undue influence not concerning the Will – Jopling v Leavesley & Thompson [2013] EWCA Civ 1605.

Nahajec v Fowle [2017] AllER (D) 42 (Aug) (successful 1975 Inheritance Act claim by an adult daughter)

Hari’s Employment Law practice covers most subject areas of the field. Apart from the the commonly litigated areas of unfair dismissal and constructive dismssal, Hari’s Employment Tribunal practice has particular emphasis on discrimination, whistleblowing and holiday pay claims.  His County Court and High Court practice in Employment Law consists principally of post-termination restraints in employment contracts. In the Employment Tribunal and in the civil courts he acts for both employees and employers. He has experience in conducting long and complex cases, particularly involving public bodies, such local authorities, police and the NHS. Hari has considerable experience in assessment of compensation in high value cases, including such important elements as pension loss and the tax element of awards. Hari has a particular interest in disability discrimination cases concerning mental impairment.

 

McNicholas v CALA & CALA Staffbank 9.12.19 – corrected decision 29.10.20 (Employment Tribunal Aberdeen: Case No 4118429/18) https://assets.publishing.service.gov.uk/media/5fad4113e90e0703a41aba03/Mrs_L_McNicholas_v_Care_and_Learning_Alliance_and_Other_4118429.18__Judgment_.pdf

Successful whistleblowing claiim involving public interest disclosures concerning standards of care in children’s nursery. Automatic unfair dismissal and detriment, including bad faith referral of claimant to regulatory body. Claimant developing psychiatric symptoms as a consequence of detriment and dismissal. Remedies decision pending.

BMSL v Acheson – Employment Appeal Tribunal UKEAT/0268/11; 14.6.12
Whether self-employed foreman working for end user can be regarded as agent of a labour supply company; whether “but for” test appropriate in the context of a “union blacklisting” dismissal claim under s.152 & 153 of the Trade Union & Labour Relations (Consolidation) Act 1992.

Ward v South Tyneside Council – Employment Appeal Tribunal 12.7.11 UKEAT/0358/10
Consideration of concept of conditional dismissal – whether fairness of dismissal to be looked at when notice of dismissal is given or at the EDT.

Patel v South Tyneside Council – Employment Appeal Tribunal 28.11.11 UKEATPA/0917/11/ZT
Notice of Appeal is lodged when it appears in EAT Inbox or when it “hits” an EAT server; a full judgment, re-signed, re-dated and incorporating corrections to errors / omissions in a previous judgment was not a correction within the meaning of r.37 EAT Rules but a fresh judgment.

Saiger v North Cumbria Acute Hospitals NHS Trust – Employment Appeal Tribunal 14.12.10; UKEAT/0325/10/CEA
Emphasising that exemplary damages are punitive and not compensatory in nature; whether ET was correct not to award costs in the claimant’s favour where it found that respondent’s conduct was such as to merit an award of aggravated damages.

Aylott v Stockton on Tees Borough Council – Court of Appeal [2010] EWCA 910, [2010] I.R.L.R. 994, CA;[2010] I.C.R. 1278, CA
Led by David Reade Q.C.: Disability discrimination (mental impairment) applicability of HL decision in Lewisham LB v Malcolm to the employment field – correct comparator for direct disability discrimination – application of the “reason why” test formulated by HL in Shamoon v Chief Constable RUC in direct disability discrimination – whether dismissal can, in itself, amount to a failure to make reasonable adjustments: s.3A(2), s.4A DDA – whether changes arising as a result of the decision affected by the Equality Act 2010.

Collingwood v Cumbria Probation Board [2008] AllER(D) 04 (Sep), EAT
Disability discrimination (mental impairment)- determining the date of onset of disability when medical evidence has given a possible range of dates.

Most areas relating to real property and rights in and over land and registration, such as:

Trusts of land (including TOLATA), land covenants, boundaries, easements, conveyancing disputes, Party Wall Act cases and enforcement related matters such as charging orders and orders for sale.

Undue influence and fraud relating to property transactions such as mortgages; also includes claims under s.423 Insolvency Act 1986.

Landlord and Tenant claims, both business and residential.

Hari’s work concerning property also extends to trespass, nuisance and harassment claims.

Legal 500 (2021) Employment - Band 3When you combine many years of experience with incredible legal knowledge and a calming and reassuring demeanour you have Hari Menon - a barrister you definitely want on your side. My firm has been instructing Hari for decades and he has always provided us with excellent support and advice and never once let us down. Clients think the world of him.

McNicholas v CALA & CALA Staffbank 9.12.19 - corrected decision 29.10.20 (Employment Tribunal Aberdeen: Case No 4118429/18) https://assets.publishing.service.gov.uk/media/5fad4113e90e0703a41aba03/Mrs_L_McNicholas_v_Care_and_Learning_Alliance_and_Other_4118429.18__Judgment_.pdf Successful whistleblowing claiim involving public interest disclosures concerning standards of care in children's nursery. Automatic unfair dismissal and detriment, including bad faith referral of claimant to regulatory body. Claimant developing psychiatric symptoms as a consequence of detriment and dismissal. Remedies decision pending.

Nahajec v Fowle [2017] AllER (D) 42 (Aug) (successful 1975 Inheritance Act claim by an adult daughter)

Barrier v Redhall Marine [2016] EWCA Civ 1605, QBD (Arbitration Clauses and Pre-Action Disclosure)

Jopling v Leavesley & anor [2013] EWCA Civ 1605, Court of Appeal (Costs & CPR Part 36)

Ellison v Cleghorn [2013] EWHC 5 (Ch) Chancery Division (Trusts of Land & Apportionment of Trustees Act)

BMSL v Acheson - Employment Appeal Tribunal UKEAT/0268/11; 14.6.12 Whether self-employed foreman working for end user can be regarded as agent of a labour supply company; whether "but for" test appropriate in the context of a "union blacklisting" dismissal claim under s.152 & 153 of the Trade Union & Labour Relations (Consolidation) Act 1992.

Ward v South Tyneside Council - Employment Appeal Tribunal 12.7.11 UKEAT/0358/10 Consideration of concept of conditional dismissal - whether fairness of dismissal to be looked at when notice of dismissal is given or at the EDT.

Patel v South Tyneside Council - Employment Appeal Tribunal 28.11.11 UKEATPA/0917/11/ZT Notice of Appeal is lodged when it appears in EAT Inbox or when it "hits" an EAT server; a full judgment, re-signed, re-dated and incorporating corrections to errors / omissions in a previous judgment was not a correction within the meaning of r.37 EAT Rules but a fresh judgment.

Saiger v North Cumbria Acute Hospitals NHS Trust - Employment Appeal Tribunal 14.12.10; UKEAT/0325/10/CEA Emphasising that exemplary damages are punitive and not compensatory in nature; whether ET was correct not to award costs in the claimant's favour where it found that respondent's conduct was such as to merit an award of aggravated damages.

Aylott v Stockton on Tees Borough Council - Court of Appeal [2010] EWCA 910, [2010] I.R.L.R. 994, CA;[2010] I.C.R. 1278, CA Led by David Reade Q.C.: Disability discrimination (mental impairment) applicability of HL decision in Lewisham LB v Malcolm to the employment field - correct comparator for direct disability discrimination - application of the "reason why" test formulated by HL in Shamoon v Chief Constable RUC in direct disability discrimination - whether dismissal can, in itself, amount to a failure to make reasonable adjustments: s.3A(2), s.4A DDA - whether changes arising as a result of the decision affected by the Equality Act 2010.

Collingwood v Cumbria Probation Board [2008] AllER(D) 04 (Sep), EAT Disability discrimination (mental impairment)- determining the date of onset of disability when medical evidence has given a possible range of dates.  

Stockton BC v Aylott [2010] I.C.R. 1278, Court of Appeal (Employment - Disability Discrimination)

BSc (Hons), University of Aberdeen LLB (Hons), University of Newcastle upon Tyne