Ian Wheaton


Date of Call: 2002

BSB Number: 43942


Ian came to the bar in his thirties, following a law degree at Southampton Solent University. He then studied at Inns of Court School of law in London. Between completing his legal education and coming to the Bar Ian taught employment and obligations law for undergraduates and postgraduate students in Southampton and London, and Legal Foundations for the Open University. He also represented clients in the Employment Tribunal as a lay representative from prior to being called to the Bar. He has been appearing in the Tribunals in one form or another since 1996.

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Family: Care & Children

Domestic violence & injunctions

Ian has considerable experience in injunctive proceedings under the Family Law Act 1996, dealing with both ex parte and on notice applications has represented Applicants and Respondents in serious non-molestation matters and occupation orders. He is also experienced in Protection from
Harassment actions.

Employment & Discrimination

Ian has practised in the Employment Tribunals since 1996 representing clients firstly as a lay representative and then as a barrister since 2002. He has dealt with  the full range of dismissal, discrimination and breach of contract cases that appear before the Tribunals. He has had notable successes in equal pay matters and sex discrimination cases. He is known for robust trial advocacy and common sense advice to clients. and developed a speciality in whistleblowing claims.

Ian’s employment practice sees him represent both employers and employees, primarily in “whistleblowing” claims involving disclosures made under the Public Interest Disclosure Act 1998 in addition to the usual range of tribunal claims such as unfair dismissal constructive dismissal and discrimination claims.

In his most recently reported cases, Co-operative Limited v Baddeley [2013] All ER (D) 333 (Jul) and [2014] EWCA Civ 658 Ian represented an employee in the Employment Tribunal, then that the Employment Appeal Tribunal and then again in the Court of Appeal, (opposed by Mr Bruce Carr QC in the EAT and CA) where it was remitted to a fresh Employment Tribunal in a case involving potential lifetime losses consequent upon dismissal for making alleged protected disclosures. The case has now settled.

He is very experienced in marshalling complex factual situations and has been described as being “calm and unflappable” by an employer client in the face of hostile questioning by a Tribunal judge. Ian is known for a robust approach to cross-examination yet with a persuasive advocacy style.

Prior to practising at the bar Ian taught employment law on various undergraduate and postgraduate courses in Southampton and London.

This overlapped his early career at the Bar.

Chancery and Commercial

Traditional Chancery

Trusts and Trustees

Ian offers advice and representation in all manner of disputes concerning Trusts of Land work: under the Trusts of Land Act 1996, addressing express, resulting or constructive trusts and extending to coextensive issues such as proprietary estoppel, misrepresentation and undue influence.

Wills, Probate and the Administration of Estates

Ian has a busy wills and probate practice and in particular deals with probate claims and cases involving issues as to the construction or interpretation of wills and the administration of estates. He deals extensively with cases under the Inheritance (Provision for Family and Dependants) Act 1975 and regularly appears before the Masters at the Rolls Building in London. (Has advised twice in the  month on separate &  ongoing matters).

Personal Injury & Clinical Negligence

Ian has considerable experience in personal injury law and clinical negligence practice. He has dealt with numerous personal injury  cases involving  road traffic accidents, employers liability, product liability, “slips and trips” and occupiers liability as well as all other accident and disease cases such as NIHL, He has expertise in cases  involving the simplest traumas to catastrophic injuries and fatal accidents

He is widely experienced in advising on liability and quantum as well as appearing in multi-track and fast track cases.

Ian has has a rapidly expanding clinical negligence practice regularly advising in conference and in writing on all aspects of clinical negligence claims. He is adept at handling expert witnesses in conference and at Trial.

He has  advised on a broad range of specialisations including: medical negligence, late and wrongful diagnosis


Real property

He is also experienced in  broad spectrum of disputes concerning the disposition of land  whether they involve neighbours disputes. adverse possession,boundary disputes ,easements ,restrictive covenants ,nuisance .possession proceedings because of his experience with family finance he has a keen interest in disputes  ,trusts of land and equitable co-ownership.

Landlord and tenant

Ian is very experienced in property disputes involving Landlord and Tenant (commercial, agricultural, and residential and commonhold) and possession matters. He taught commercial landlord and tenant to undergraduates for a few years prior to coming to the bar.

Trusts of land and proprietary estoppel

Ian offers advice and representation in all manner of disputes concerning Trusts of Land work: under the Trusts of Land Act 1996, addressing express, resulting or constructive trusts and extending to coextensive issues such as proprietary estoppel, misrepresentation and undue influence.

No 18 Children’s Arbitration & Resolution


  • Western Circuit

Personal Info

Ian is a keen rugby player for Trojans FC (although he should know better at his age) and also enjoys tennis and football. He is also a keen golfer.

Cases of note

Co-op v Baddeley 2013 UKEAT AllER Digest July and [2014] UKCA civ 564 involving whistleblowing by a senior employee.


R v Bygrave 2008 All ER D 274 involving the crossover between confiscation and criminal compensation orders. Successfully appealing the imposition of confiscation and compensation
orders for the same amount so in effect the defendant would pay twice.

What others say

A flexible and approachable barrister

(Legal 500)

A strong advocate, who is quick on his feet and robust with opponents

(Legal 500)

Very experienced in discrimination cases

(Legal 500)

Ian is very proficient at his law and moreover how to deal with a stressed out laymen. I would highly recommend your organisation for honestly, transparency, professionalism, agility.


Ian is excellent with clients, always providing them with good explanations of their legal positions and the options open to them. He engages well with strategy sessions and is an excellent advocate.

(Legal 500)

Calm and unflappable


A flexible and approachable barrister.

(Legal 500)

Ian’s robust and practical approach enables matters to progress swiftly. Ian remains calm in very challenging circumstances and has a way of putting client’s at ease.

(Emma Sanders K J Smith)

He is a strong advocate of practical, common sense advice which is tied in to their huge in depth knowledge of all employment law areas.

(Legal 500)

Ian is a strong, skilful advocate. He displays an unerring ability to sort the wheat from the chaff in even the most apparently complex of cases. (Tier 3)

(Legal 500)