Barrister Profile
Barnaby is a member of the employment, insolvency and family finance teams. He is often praised for his detailed approach and ability to quickly distil the issues, something for which he has been recognised in the Legal 500 where he features as a tier 2 junior of the Western Circuit for his employment law work.
Prior to joining chambers, Barnaby completed placements with the Commonwealth Human Rights Initiative in Accra in Ghana, the formerly named Department for Constitutional Affairs and held the post of Chair of the Free Representation Unit.
Further to his contentious and non-contentious work, Barnaby currently serves as Chambers’ Head of Pupillage and holds a position as Case Editor for the leading employment law title Harvey on Industrial Relations & Employment Law.
Expertise
Family: Care & Children
Private Law Children: Contact and Residence disputes under the Children Act 1989
Barnaby continues to accept instructions in private law matters including –
- Child arrangements orders;
- Prohibited steps and specific issues orders;
- Orders for search and recovery;
- Parental responsibility and declarations of parentage;
- Non-molestation orders;
- Occupation Orders
Family: Finance
- Family Finance – Barnaby regularly appears for husbands and wives at FDA, FDR and Final Hearing concerning financial provision including all interim and final applications and matters under Children Act 1989 Schedule 1.
Barnaby comfortable with enforcement of financial orders for both respondents and applicants. He also has good experience of cross-over work including insolvency and intervener proceedings.
Barnaby also has experience in representing and advising petitioners and respondents in defended divorce and nullity applications.
- Probate: Barnaby also has experience advising and representing personal representatives, dependants, cohabitants, blood relatives and spouses in probate matters including: -
- Inheritance (Provision for Family & Dependants) Act 1975 claims;
- Caveats and warning off;
- Administrations of estates;
- Undue influence and capacity
Barnaby has experience acting and advising family members, dependants, former marital partners and cohabitants in actions concerning the administration of estates.
- Trusts of Land – Barnaby has experience of advising and representing claimants and defendants in matters concerning the Trusts of Land & Appointment of Trustees Act 1996.
Inheritance Act claims
Barnaby has experience advising and representing personal representatives, dependants, cohabitants, blood relatives and spouses in probate matters including:
- Inheritance (Provision for Family & Dependants) Act 1975 claims;
- Caveats and warning off;
- Administrations of estates;
- Undue influence and capacity
Barnaby has experience acting and advising family members, dependants, former marital partners and cohabitants in actions concerning the administration of estates.
Employment & Discrimination
Barnaby represents and advises both employees and employers in contentious and non-contentious work at interlocutory, final and appellate stages of litigation for which he is recognised in the Legal 500 as a Grade 2 Leading Junior and recently appointed as a Case Editor for Harvey on Industrial Relations & Employment Law assisting the lead contributor on the Unfair Dismissal and Discrimination Remedies Division.
Barnaby accepts instructions in all aspects of employment tribunal work including –
- Unfair and constructive unfair dismissal;
- Redundancy;
- Wages and breach of contract (including bonuses, commission and particulars of employment);
- Whistleblowing and other automatically unfair dismissals;
- TUPE;
- National Minimum Wage (including assessments of wages, automatic unfair dismissals under the National Minimum Wage Act and production notice claims;
- Discrimination (including matters under the Equality Act, Part-time Workers (Prevention of Less Favourable Treatment) and Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations);
- Equal Pay;
- Holiday pay.
Barnaby also accepts instructions in employment matters issued in the civil courts concerning –
- Contractual disputes including wages and wrongful dismissal;
- Negligent misstatement in respect of employee references;
- Enforcement; and
- Appeals on behalf of employers contesting illegal working penalties.
Barnaby has also advised in respect of restrictive covenants. He has also advised and appeared for clients in disputes concerning the Equality Act in housing and goods & services matters.
Chancery and Commercial
Commercial Chancery
Insolvency and liquidation
Barnaby acts for debtors, creditors and insolvency practitioners instructed by solicitor or licensed access.
Barnaby accepts instructions in matters including –
- Bankruptcy;
- Applications to set aside statutory demands;
- Extensions of the bankruptcy term;
- Orders for possession and sale.
Barnaby often encounters matters insolvency in other jurisdictions including transferring confiscated proceeds of crime funds to the trustee in bankruptcy, locus standi in the Employment Tribunal and applications under TLATA.
Cases of note
Bugden v The Royal Mail Group Limited (Disability Discrimination: Unfair Dismissal) [2024] EAT 80
https://assets.publishing.service.gov.uk/media/6655af9d7b792ffff71a843b/Mr_Ian_Bugden_v_The_Royal_Mail_Group_Ltd__2024__EAT_80.pdfKarimi v Orcan Intelligence Ltd (2023)
Successfully defending a claim for commission by a senior employee on grounds of breach of terms of the Employment Contract concerning non-disparagement and confidentiality.
Polystar Plastics Ltd v Mr M Liepa ( EA-2022-001040-JOJ)
Harvey on Industrial Relations & Employment Law Div Q [1535]
Harvey on Industrial Relations & Employment Law Bulletins 541 August 2023
Mr D. Kostakakis v Charles Brigs Ltd (2023)
Successfully defending a small firm against claims concerning direct and indirect philosophical belief discrimination and harassment, victimisation.
Mr R. Newland v Veolia ES (UK) Ltd & Ors (2023)
Resisting a finding of vicarious liability against a Local Authority and securing dismissal of the claim against the party at preliminary hearing.
Mr J. Laranjinha & Ors v Khan [2022] UKET 2410853/2019
Representing and advising Fatalukan claimants in a long running matter concerning sizable awards for claims concerning national minimum wage failures, annual leave and wrongful dismissal.
https://assets.publishing.service.gov.uk/media/63627be88fa8f505806e660d/Mr_J_Laranjinha___Mr_A_Bernadino_v_N_Islam_Khan_-_2410853_2019___2410854_2019_-_Reserved.pdf
https://www.uknewsgroup.co.uk/underpaid-overseas-chefs-receive-almost-48000-in-compensation/
Mr C. O’Neill v Currency Solutions Ltd (2021)
Obtaining dismissal of claims for disability discrimination and discrimination arising from disability claims concerning the termination of a Forex trader on long term sick leave following a three day remote final hearing.
Mr T. Goacher v Merchant Seamen’s War Memorial Society (Incorporated) t/a Care Ashore & Ors
A finding that G, who suffered with clinical depression, was not disabled for the purposes of the Equality Act 2010.
Mrs Y. Subramanian Babu v Slough Children’s Services Trust [2020] UKET 3322621/2019
Obtaining a finding that that the claimant was not an employee and therefore unable to bring claims concerned with her contract and for unfair dismissal.
C. Brice v Synapps Ltd [2020] UKET 3321615/2019
successfully resisted all but a minimal award arising from an unclear commission scheme in a high value wages claim turning on the interpretation of ‘gross’ and ‘margin’
D. Jepson v Ace Car Hire (Worthing) Ltd (2020)
resisting all discrimination and harassment claims and limiting quantum on three acts victimisation to vento band 1 given the Claimant’s stoic character & short duration
https://assets.publishing.service.gov.uk/media/5d3afe81e5274a4010e34009/Mrs_D_Jepson_v_Ace_Car_Hire__Worthing__Ltd_-1401913.2018.pdf
https://assets.publishing.service.gov.uk/media/5e6257d1e90e077e31050f6b/Mrs_D_Jepson_v_Ace_Car_Hire__Worthing__Limited_1401913.2018.pdf..pdf
I Elston v Robbies Photographics UKEAT/0282/18/RN
victimisation (the manner of the protected (2019) UKEAT/0282/18 act) contributory conduct & polkey
UKEAT/0282/18/RN & [2019] UKEAT 0282_18_0705 (7 May 2019)
Barnaby Large represented the Respondent in a claim for Unfair Dismissal involving Polkey deductions & Contributory fault, together with Victimisation discrimination.
For a full copy fio the judgment please click this link https://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKEAT/2019/0282_18_0705.html&query=(elston) or https://assets.publishing.service.gov.uk/media/5d1f5a49e5274a08d9d8c537/Ms_I_Elston_v_1__Robbie_s_Photographic_Ltd__2__Mr_W_McRobbie_UKEAT_0282_18_RN.pdf
T Ryan v Shakeaway Worldwide Holding Ltd (2019)
rejection of an ET1 under R.10 for use of the branch as a care of address
Hood v Camps International Group Ltd (2019);
[Harvey on Employment Law & Industrial Relations [1053.3]]
a marketing manager with PTSD was found to have been dismissed by her employer in order to avoid having to allow for potential adjustments/sick leave
https://assets.publishing.service.gov.uk/media/5df0c1da40f0b64a24fc2007/Miss_K_Linsley-Hood_v_Camps_International_Group_Ltd_1400552.2019.pdf
D Gould v 1) The Corsham School Academy Group
strike out of AWR claim seeking to assert an 2) Protocol Education Ltd (2019) agency teacher be paid for summer holidays
https://assets.publishing.service.gov.uk/media/5db6c678ed915d1d001e6058/Mr_D_Gould_-v-_The_Corsham_School_Academy_Group___1_other_1403114.2018.pdf
Chambers v Ridge Crest Cleaning Ltd [2017] UKET 2300475/2017
strike out of a TUPE unfair dismissal claim
George v Ferrabyrne Ltd (2017)
finding of a sham redundancy triggered by a claimant intimating a personal injury claim
[Harvey on Employment Law & Industrial Relations [3013]-[3050]]
HCPC v F (2015
case against a social worker struck out at conclusion of HCPC’s evidence for no reasonable prospect of success
HCPC v E (2019)
radiologist privacy breach & improper interaction with patient -sanction limited to caution
A v M (2020)
successful resistance of an application to set aside of a statutory demand concerning a foreign debt against an applicant already bankrupt abroad
re SSC (in liquidation) (2017)
successful declaration of trust & vesting order for a social club in liquidation against uncooperative trustee of the former unincorporated association.
re C v B (2016)
successful bankruptcy order for IVA supervisor when debt sought to restore the breached agreement
P v P (2021)
Successful enforcement of a Mesher order made without a deferred order for sale by way of mortgage possession proceedings.
C v C (2020)
successfully obtained a s.37 freezing order with costs and costs thrown away for lost hearing
M v S (2019)
successful resistance of SPPOs at final hearing despite FDR indication given impact on means tested benefits