Robert Allen

Called 2021

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

Instructing solicitor

About

Robert specialises in employment and commercial law.

Employment

Robert’s employment work sees him appear habitually in the tribunal.  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the tribunal to strike out 14 discrimination allegations, resulting in the only surviving aspects of the claim being withdrawn by the other side;
  • 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.

Robert is expected to appear on multiple occasions in the EAT over the coming months.

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 an keen golfer and devotee of Gilbert and Sullivan.

Areas of Expertise

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).

Robert has appeared in numerous preliminary and final hearings (including longer multi-day hearings), as well as undertaking drafting for tribunal proceedings.

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

 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