Robert Allen

Called 2021

[Robert's] written and oral submissions were a model of clarity and restraint.

EAT Judge

About

Robert practises commercial and employment law.

Commercial

Robert’s commercial practice encompasses corporate and personal insolvency, commercial contracts, shareholder disputes, professional negligence, landlord and tenant, and real property matters.

His recent commercial cases include:

  • obtaining summary judgment at the outset of trial in a fast track construction dispute;
  • successfully acting in a shareholder dispute mediation involving deadlock between director shareholders;
  • defending a trustee dispute on behalf of an unincorporated association;
  • resisting an application for further directions following a sale order in the Business and Property Courts;
  • drafting a Letter Before Action asserting numerous breaches of directors’ duties; and
  • succeeding in an application under rule 7.24 of the Insolvency (England and Wales) Rules 2016 to restrain a winding-up petition, in Morrison Water Services Ltd v Browning [2023] EWHC 2725 (Ch)

 

He is frequently instructed to draft commercial pleadings and is valued for his practical, commercially astute advice, both in writing and in conference. His recent advisory work includes sale of goods disputes, application of the nemo dat quod non habet rule, contractual interpretation, and enforceability of restrictive covenants.

Employment

Robert has a busy employment practice, appearing regularly in the Employment Tribunal and Employment Appeal Tribunal, as well as in the courts.

His recent Employment Tribunal cases include:

  • advising on employment status in relation to a group of several hundred individuals;
  • securing settlement in a judicial mediation involving complex shareholder issues;
  • defending a 7-day discrimination claim;
  • persuading the Tribunal to strike out 14 discrimination allegations at a public preliminary hearing, following which the remaining claims were immediately withdrawn;
  • resisting an extensive application for specific disclosure;
  • successfully resisting an application for interim relief before orally obtaining a costs order; and
  • securing a 100% reduction in all compensation notwithstanding a finding of unfair dismissal

 

In the civil courts, Robert’s recent employment-related experience includes:

  • securing a favourable agreement in High Court restrictive covenant proceedings;
  • obtaining the dismissal of a fast track claim for the recoupment of training costs by persuading the court that the relevant contractual provisions amounted to a penalty;
  • acting in a two-day trial concerning the incorporation of historic contractual terms into senior NHS employment contracts;
  • providing extensive advice on the incorporation of terms in prospective High Court proceedings concerning a six-figure redundancy payment; and
  • successfully striking out as wholly without merit a claim involving overlapping commercial and employment issues

 

Robert also undertakes pro bono work and is a volunteer with the Newcastle Chancery Bar Litigant in Person Support Scheme (NCLIPS).

Areas of Expertise

Insolvency and company

Robert has experience acting for both petitioners and respondents in corporate and personal insolvency matters.  He is instructed in shareholder disputes and claims concerning directors and fiduciaries.

Commercial contracts

Robert advises on and litigates a wide range of contractual disputes, including sale of goods and supply of services claims, contractual interpretation, exclusion clauses, clawback claims, and claims arising from oral agreements. His experience spans fast, intermediate, and multi track proceedings, cross-border contractual issues, and disputes involving restrictive covenants and post-termination restraints.

Financial 

Robert acts in disputes arising under consumer credit and financial arrangements.

Tribunal litigation

Robert appears regularly in discrimination, unfair dismissal, whistleblowing, TUPE, equal pay, wages, and breach of contract claims nationwide.

Court litigation

Robert is often involved in employment-related litigation in the civil courts, including cases concerning questions of contractual entitlement, the incorporation of terms, and injunctive proceedings to enforce post-termination restrictions.

Appeals and reconsideration

He has acted in the Employment Appeal Tribunal and provided advice on appeals to the EAT and Court of Appeal.  He is experienced in drafting Grounds of Appeal, Answers, and reconsideration applications.

Advisory work

Robert provides pragmatic and focused advice to employers and individuals on employment status, redundancy and dismissal, discrimination risk, and broader settlement strategy.

Robert has experience in professional negligence claims, including claims against surveyors and other professionals.

Landlord and tenant

Robert has experience in commercial and residential landlord and tenant matters, including forfeiture and relief from forfeiture, possession, and disrepair.

Real property

He advises on and acts in real property disputes, including adverse possession, easements, covenants, boundary disputes, nuisance, and trespass. He has delivered training to property solicitors on adverse possession and recent developments under the Land Registration Act 2002.

Trusts

Robert has acted in trustee and trust-related disputes, including those involving unincorporated associations and applications arising under TOLATA.

“The client said Robert was excellent in the hearing and made him feel well looked after on the day, despite the fact they were very nervous.” - Instructing solicitor

“We got home (unexpectedly) on the contractual point, and that was primarily down to Robert’s guidance prior to the hearing.” - Instructing solicitor

I consider Robert to be a credit to your chambers and we will certainly be instructing him again.” - Instructing solicitor

Robert is an active member of the Employment Lawyers Association and the Newcastle Business & Property Courts Forum.  His Inn of Court is Middle Temple.

Robert regularly accepts invitations to present talks on commercial and employment topics.  He also participates in mock tribunals.

 BTC – Very Competent; GDL – Commendation; BA (Hons) Design for Industry – First Class

Robert won both the National Speed Mooting Competition and the National Speed Mooting Champion of Champions in 2020, followed by the Inns of Court Mooting Competition in 2021.  During his Bar course, Robert represented the Middle Temple team at the Willem C. Vis International Commercial Arbitration Moot.  BPP also awarded him various scholarships.