Robert Allen
[Robert's] written and oral submissions were a model of clarity and restraint.
EAT Judge
About
Robert specialises in employment and commercial law.
Employment
Robert is habitually in the employment tribunal and has already appeared multiple times in the EAT. As comfortable undertaking multi-day final hearings as he is appearing in preliminary matters, recent cases have included:
- persuading the tribunal to strike out 14 discrimination allegations, resulting in the only surviving aspects of the claim being withdrawn by the other side;
- resisting an application for interim relief before going on to obtain a Rule 76 (1) (a) costs order for his client;
- successfully defending a 7-day discrimination case;
- securing the dismissal of all claims against his client following a 3-day PH over the issue of employment status in a multi-party agency dispute;
- demonstrating that the other side did not have sufficient continuity of service to pursue a claim;
- resisting an involved application to amend based on analysis of the medical evidence; and
- obtaining strike out of an automatic unfair dismissal claim
Robert also has experience handling employment matters in the courts. He recently secured the dismissal of a fast track claim against his client for the recoupment of training costs, persuading the court that the relevant contractual clauses amounted to a penalty. In another matter, he had a claim involving an interplay between commercial and employment issues struck out and found to be wholly without merit.
Whilst much of his employment work is for respondent clients, Robert also acts for claimants. He has a particular interest in discrimination cases and has experience managing requests for adjustments to enable participation at hearings.
Commercial
Robert has established a wide-ranging junior commercial practice. His experience spans corporate and personal insolvency, commercial contracts, trustee disputes, professional negligence and real property.
His notable cases to date include successfully defending a trustee dispute on behalf of an unincorporated association and resisting an application for further directions arising out of a sale order in the Business and Property Courts. He regularly appears in the County Court and High Court, such as in the reported case of Morrison Water Services Ltd v. Browning [2023] EWHC 2725 (Ch).
He is adept at drafting persuasive pleadings and giving practical, pragmatic and clear advice, both in writing and in conference. Robert’s recent advisory work has featured a cross-jurisdictional contractual dispute and the enforceability of a restrictive covenant.
Robert also has experience handling disputes which combine his specialisms and has a particular interest in the crossover between commercial and employment issues.
He prides himself on his ability to swiftly filter case material, present complex arguments with clarity, and put his clients at ease.
Whilst he takes a robust approach in court where required, Robert is invariably prepared to give realistic advice on settlement. He has worked to obtain favourable settlement terms for several clients, including those involved in heated multi-party disputes.
Outside of the law, Robert is a keen golfer and devotee of Gilbert and Sullivan.
Areas of Expertise
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Contact Robert Allen
Robert Allen
[Robert's] written and oral submissions were a model of clarity and restraint.
EAT Judge
About
Robert specialises in employment and commercial law.
Employment
Robert is habitually in the employment tribunal and has already appeared multiple times in the EAT. As comfortable undertaking multi-day final hearings as he is appearing in preliminary matters, recent cases have included:
- persuading the tribunal to strike out 14 discrimination allegations, resulting in the only surviving aspects of the claim being withdrawn by the other side;
- resisting an application for interim relief before going on to obtain a Rule 76 (1) (a) costs order for his client;
- successfully defending a 7-day discrimination case;
- securing the dismissal of all claims against his client following a 3-day PH over the issue of employment status in a multi-party agency dispute;
- demonstrating that the other side did not have sufficient continuity of service to pursue a claim;
- resisting an involved application to amend based on analysis of the medical evidence; and
- obtaining strike out of an automatic unfair dismissal claim
Robert also has experience handling employment matters in the courts. He recently secured the dismissal of a fast track claim against his client for the recoupment of training costs, persuading the court that the relevant contractual clauses amounted to a penalty. In another matter, he had a claim involving an interplay between commercial and employment issues struck out and found to be wholly without merit.
Whilst much of his employment work is for respondent clients, Robert also acts for claimants. He has a particular interest in discrimination cases and has experience managing requests for adjustments to enable participation at hearings.
Commercial
Robert has established a wide-ranging junior commercial practice. His experience spans corporate and personal insolvency, commercial contracts, trustee disputes, professional negligence and real property.
His notable cases to date include successfully defending a trustee dispute on behalf of an unincorporated association and resisting an application for further directions arising out of a sale order in the Business and Property Courts. He regularly appears in the County Court and High Court, such as in the reported case of Morrison Water Services Ltd v. Browning [2023] EWHC 2725 (Ch).
He is adept at drafting persuasive pleadings and giving practical, pragmatic and clear advice, both in writing and in conference. Robert’s recent advisory work has featured a cross-jurisdictional contractual dispute and the enforceability of a restrictive covenant.
Robert also has experience handling disputes which combine his specialisms and has a particular interest in the crossover between commercial and employment issues.
He prides himself on his ability to swiftly filter case material, present complex arguments with clarity, and put his clients at ease.
Whilst he takes a robust approach in court where required, Robert is invariably prepared to give realistic advice on settlement. He has worked to obtain favourable settlement terms for several clients, including those involved in heated multi-party disputes.
Outside of the law, Robert is a keen golfer and devotee of Gilbert and Sullivan.
Insolvency
Robert has appeared on both sides in various personal and corporate insolvency cases in the Business and Property Courts.
In Morrison Water Services Ltd v. Browning [2023] EWHC 2725 (Ch) he succeeded in an application pursuant to Rule 7.24 of the Insolvency (England and Wales) Rules 2016 to restrain the presentation of a winding up petition.
He sought and obtained an adjournment for his client in a bankruptcy petition following the discovery of new evidence in conference.
Company
Robert has experience making applications pursuant to the Companies Act 2006, including a recent application pursuant to s.859F to extend the period allowed for the delivery in registering a charge at Companies House.
Contract
Having advised and appeared as counsel in numerous contractual disputes, a flavour of Robert’s work in this area includes:
- succeeding in defending a contractual damages claim with reliance on an exclusion clause;
- advising in relation to a prospective cross-jurisdictional breach of contract claim involving a share option agreement;
- advising in a licensing agreement case with a public law dimension;
- defending a breach of contract claim brought against an accountant;
- appearing in a fast track claim arising out of an oral loan agreement between family members;
- drafting pleadings in a claim to recover training fees arising out of an employment contract; and
- advising on strategy and appearing in a promissory estoppel case for a Local Authority
Professional negligence
Robert has appeared in fast-track professional negligence cases on behalf of property surveyors and a veterinary practice.
Real property
Whether it be easements, covenants, nuisance, trespass, adverse possession, boundary disputes or anything between, Robert is accustomed to providing written and oral advice to clients. Appreciating the heated nature of such disputes, Robert does not shy away from giving practical guidance with a keen focus on proportionality.
He recently delivered a talk to local property solicitors on adverse possession and recent caselaw in relation to Schedule 6, Paragraph 5(4) of the Land Registration Act 2002.
Trusts
Robert defended a trustee dispute on behalf of a local girls football club.
He resisted an application to vary directions in a TOLATA claim.
Consumer credit
He has appeared in several matters arising out of the Consumer Credit Act 1974.
Pro bono work
Robert is an active volunteer for the Newcastle Chancery Bar Litigant in Person Support Scheme (NCLIPS).
At first instance, Robert has appeared in numerous preliminary and final hearings. Here are some of his recent cases:
J v D – appeared at first instance in the 6-day final hearing where the claimant’s claim of race and age discrimination was successfully defended. In the course of cross-examination, Robert obtained the notable concession from one of the claimant’s supporting witnesses that: “I have never had a problem with race in all the time I’ve been at D.”
K v E L – Robert successfully pursued an application to strike out 14 separate discrimination allegations on the ground that each had no reasonable prospect of success. The judge ultimately accepted that it was “plainly proportionate” to strike out, having been persuaded in the course of submissions that the burden under s.136 Equality Act 2010 would not shift to the respondent. The hearing resulted in the preliminary determination of the entirety of the claimant’s case.
A v B – resisting an application for interim relief before going on to obtain a Rule 76 (1) (a) costs order for his client.
A v D – Robert successfully demonstrated that the claimant was not disabled by reason of perimenopause. In cross examination, Robert analysed the medical evidence to differentiate the perimenopause and references to PMT. Robert had the claimant accept that she did not experience the level of difficulty cited in her impact statement. Following the identification of inconsistencies drawn out by Robert’s submissions, the judge found the claimant was not suffering from an impairment at the material time, before going on to dismiss disability on each and every other aspect of the legal test.
B v B – The claimant was dismissed for punching an ex-colleague at work, claiming that he did so in self-defence and arguing that he had been automatically unfairly dismissed by reason of s.100(1)(e) Employment Rights Act 1996. Robert advised the respondent to apply to strike out at the start of the final hearing. Robert made an oral application and succeeded in satisfying the tribunal the claim had no reasonable prospects of success. His strategy saved his client the costs of running the final hearing and avoided the need to call witnesses to dispose of the case.
Robert also provides advice on employment law matters. Recent work has included advising on incorporation of terms in a potential court action for a six-figure redundancy payment and advising an employer in relation to the status of a group of several hundred workers.
On appeal, Robert has acted for a FTSE 100 company and a university in the EAT and has given advice relating to points of appeal at both the EAT and Court of Appeal level.
He has written various articles on employment related topics and co-delivered a talk on neurodiversity in the workplace with Claire Millns which can be viewed here.
“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 just wished to advise you about the excellent representation provided by Mr Robert Allen in the case this morning.
Robert successfully defended my client in this case and even succeeded in securing an award for costs against the Claimant. A great achievement in the Small Claims Court these days.
I consider Robert to be a credit to your chambers and we will certainly be instructing him again.” - Instructing solicitor
- Employment Lawyers Assocation
- The Honourable Society of the Middle Temple
- SEA CHANGE: bon voyage to many PI and fatal claims in the Admiralty Court
- REASONING WITH BELIEF: Reflecting upon the recent approach to ‘reasonable belief’ in whistleblowing cases - Parklane Plowden
- ‘ NOT WILLING TO ACT’: assessing the court’s power to appoint personal representatives to the deceased
- MR ROBERT CRATCHIT v. SCROOGE AND MARLEY LIMITED
- WHIPLASH (AND MORE): Taking stock of the Court of Appeal’s decision in Hassam & Anor. v. Rabot & Anor. [2023] EWCA Civ 19
BTC – Very Competent, GDL – Commendation, BA (Hons) Design for Industry – 1st
- Winner of the National Speed Mooting Competition
- Winner of the National Speed Mooting Champion of Champions
- Winner of the Inns of Court Mooting Competition
- Willem C. Vis International Commercial Arbitration Moot team member for The Honourable Society of the Middle Temple
- BPP Academic Excellency Scholar
- BPP Advocacy Scholar
- BPP Career Commitment Scholar
