Sam accepts instructions in all of Chambers’ core practice areas, including employment, personal injury, clinical negligence, commercial litigation, insurance and tax. He is praised by clients for his efficient, responsive style and takes a practical, strategic approach to his advice and advocacy.
Sam is ranked as a rising star in employment by Legal 500. He is often instructed to appear against more senior counsel at both first instance and on appeal.
Before coming to the Bar Sam worked for the Royal British Legion as a War Pensions and Armed Forces Compensation Adviser.
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Recommendations
“Sam is a pleasure to work with. He is pragmatic and very user friendly; an astute and clear advocate.” - Rising Star: Employment, Legal 500 2024
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Employment
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Sam has a busy and varied practice in all areas of employment and discrimination law, representing both employees and employers across the full range of statutory employment rights, commercial employment claims in the civil courts and those arising from industrial relations disputes.
Recent work includes:
Statutory employment claims
Industrial relations
- Olsten (UK) Holdings Limited v Adecco Group European Works Council. Acting for Olsten (junior to Andrew Burns KC) in appeals to the Employment Appeal Tribunal and the Court of Appeal regarding alleged breaches of a European Works Council agreement under The Transnational Information and Consultation of Employees Regulations 1999. See press coverage here and here.
- Advising on section 140B TULCRA claims concerning allegations of breaches of collective bargaining agreements.
- Advising on the effect of section 240 TULCRA on strikes in the healthcare sector.
Civil employment claims
- Advanced Bacterial Sciences Limited v No Chem Limited and others. Acted for the Claimant in a multi-party High Court claim for breach of restrictive covenants, breach of tortious duties of confidence, breach of fiduciary duty and unlawful means conspiracy.
- Advising an employee concerning a proposed claim for breach of confidentiality and for unjust enrichment.
- Sam regularly advises on the scope of restrictive covenants, both for departing employees and businesses concerned about the use of confidential business information.
Sam is editor of the ‘Maternity & Pregnancy’, ‘Sex’, ‘Sexual Orientation’ and ‘Marriage and Civil Partnerships’ chapters of Discrimination Law published by Bloomsbury Professional, contributes to the Devereux Employment Law blog and the PLC Practical Law blog and regularly speaks in Devereux Chambers seminars. He is a member of ELBA and ELA.
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Commercial Litigation and Disputes
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Sam has a growing practice in high-value commercial disputes beyond his level of call, and has a particular interest in claims arising for breaches of directors’ duties, shareholder disputes, and professional negligence claims.
Recent work includes:
- Leeway Services Limited v Amazon Payments (UK) Limited & Ors. Pleading a claim for breach of contract and breaches of the Online Platforms Regulation against Amazon companies which had suspended and limited the claimant’s business.
- Tinkler v Soanes, a claim for breach of directors’ duties and unlawful means conspiracy against a former director of Stobart Capital Limited.
- Advising on a non-party disclosure application in Tinkler v Stobart Group and others, a claim to set aside the judgment in Stobart Group v Tinkler [2019] EWHC 258 (Comm) for fraudulent non-disclosure in the original proceedings.
- Advising on a section 994 claim arising from alleged misappropriation of company funds to lower corporation tax liabilities.
- Advising on claims for breaches of a directors’ ongoing duties following solicitation of the company’s clients after his resignation.
Sam is a member of COMBAR.
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Insurance & Reinsurance
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Sam accepts instructions in all areas of insurance and reinsurance work for both insurers and policyholders, including both general insurance issues and those arising from COVID-19 related issues.
Recent work includes:
- Advising an amusement arcade as to coverage and quantum of a proposed claim under its Business Interruption Insurance cover, including consideration of methods of providing the presence of Covid-19 as required by an ‘at the premises’ clause.
- Advising a law firm concerning the scope of their Professional Indemnity Insurance coverage.
- Assisting in arbitral proceedings relating to a major claim arising out of a contractors’ all-risks policy.
- Assisting the FCA team in the Business Interruption test case litigation (The Financial Conduct Authority v Arch and Others [2021] UKSC 1).
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Tax
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Sam welcomes instructions on behalf of both taxpayers and the revenue. He has particular experience where allegations of fraud are made in the FTT, most commonly in cases concerning the application of the principles from Kittel and Ablessio.
Recent work includes:
- HMRC v Murphy. Appeared in the Court of Appeal (junior to Joshua Carey), concerning whether success fees and ATE insurance in a claim for unlawful deductions of wages were sums which should be deducted in calculating the net profit received from employment.
- HMRC v A Taxpayer. Appeared in the FTT and UT (junior to Chris Stone) in the first appeal concerning the definition of “exceptional circumstances” in the Statutory Residence Test under Schedule 45 FA 2013.
- Minstrell Recruitment Ltd v HMRC. Representing HMRC (junior to Joshua Carey) in appeals concerning denial of input tax on the Kittel basis, and refusal to register phoenix companies on the Ablessio basis.
- Tasca Tankers Ltd v HMRC. Representing HMRC in an application to strike out an appeal on the basis that the appellant had no reasonable prospect of rebutting an inference that the appellant should have known that their transactions were connected with fraud.
- Representing HMRC in an appeal concerning denial of input tax on the Kittel basis.
- Instructed for a taxpayer to defend County Court proceedings for the enforcement of sums alleged to be due following the issue of Accelerated Payment Notices.
Sam has spoken on the Devereux Chambers Elevenses webinar series on the Transfer of Assets Abroad, and the Junior Tax webinar series on the Jurisdiction of the FTT.