Ian Wheaton

Barrister

Date of Call: 2002

What others say


A flexible and approachable barrister.
Legal 500
Calm and unflappable
A strong advocate, who is quick on his feet and robust with opponents
Legal 500
Very experienced in discrimination cases
Legal 500

A flexible and approachable barrister
Legal 500
  • Barrister profile

  • Cases of note

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.

Expertise

Family: Care & Children

Contact and Residence disputes under the Children Act 1989

Ian has significant experience in all types family matters involving children disputes both domestic and international; with removal from the jurisdiction being a regular feature of his practice. He is very experienced in S7 matters as well as matters involving a foreign element.


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.


Public Law / Care and Adoption Proceedings

In terms of public law proceedings he is regularly instructed by local authorities, parents and by solicitors acting for children in a wide range of complex and demanding cases and in areas that include non-accidental injury, cases with international elements such as moving children across international borders, , sexual abuse, severe neglect and mental health issues of a psychiatric and psychological nature

He is noted for sensitive yet firm handling of difficult removal cases for the Local Authority.

Ian acts for a broad spectrum of clients in adoption cases.


Family: Finance

Divorce & Separation

Ian has expertise in the full range of Financial provision including all interim applications that can be made under this ever challenging area of law. He regularly  advises and represents client in high value matrimonial finance, schedule 1 applications and cohabitation disputes .

He has extensive experience of dealing with property and matrimonial debt,foreign divorces the armed forces, trusts, third party intervenors,distribution of pensions Ian also has experience in advising clients in relation to  Pre and post nuptial agreements,.

He provides clear and sensible advice throughout proceedings, providing effective negotiation and advocacy skills.
 
He has extensive experience of dealing with property and matrimonial debt, the armed forces, trusts, third party intervenors, distribution of pensions.


Cohabitation including Trusts of Land & Appointment of Trustees Act 1996

Ian offes 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.


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


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.


Property

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.


Membership

  • 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.