Darren Stewart

Degree:

BVC; LL.B (Hons)

Year of call and Inn:

2002; Inner Temple

Email:

darren.stewart@albionchambers.co.uk

Specialist Areas:

Employment and Professional Disciplinary

General common law including contract and tort, Landlord and Tenant, and other land and property disputes

Inquest

Personal Injury and Clinical Negligence

Regulatory, including Health and Safety

Practice Overview:

Darren joined Albion Chambers in January 2019 following a successful 14-year career as a solicitor. Originally called to the Bar in 2002, he cross-qualified with Eversheds LLP, being admitted to the Roll in 2004. Following his tenure at Eversheds LLP, Darren sought out other lead and management roles within the South-Wales area that would allow him to expand his repertoire and knowledge in a broad range of legal areas including employment, commercial and civil litigation and business law. In 2009 he set up his own firm, delivering legal services to SMEs and start-up businesses. He was repeatedly instructed by firms and entrepreneurs that included: the largest independent caterer in Wales, a contestant on Dragons Den and an executive director of a Welsh rugby team, amongst many others.

In 2016 Darren was invited to work on a consultancy basis with a number of local authorities including Northamptonshire, Bedfordshire, Cambridgeshire and Wiltshire, in addition to smaller parish and community councils. Darren advised at every level of management from HR assistants to Chief Executive, and on matters that included disputes on high-value demolition agreements to proceedings involving the sale of a 5,000-year-old Egyptian statuette. Darren spent a year heading up the employment and litigation team in a shared service company, delivering legal advice to a number of local authorities, NGOs and NfP organisations advising at director level and in regard to a complicated TUPE transfer.

His pragmatic and empathetic style, extensive knowledge combined with his professional experience as a solicitor allows him to segue seamlessly into the delivery of legal services from initial instruction to eventual conclusion.

Darren practises in employment, civil and regulatory law.

Client Recommendations:

“Darren is a highly competent lawyer with a diverse and broad skillset… He demonstrates versatility and professionalism, commitment and dedication, along with the intellectual confidence to undertake any task asked of him” - Solicitor at local authority

“Darren has done some great assessments which have been well received by the team – very thorough and sound advice” - Instructing solicitor

Areas of Practice

Employment

Tab 1 Title:

Darren has maintained a busy employment law practice both during his time as a solicitor, and more recently at the bar. During his time as a solicitor Darren was engaged as a consultant working primarily with local authorities and shared-service ABSs. Consequently, he has been instructed repeatedly by local authority clients who find his experience to be extremely beneficial. Over the years he has been instructed to represent local authorities on disputes on the application of TUPE in relation to service provision changes, numerous discrimination claims as well as unfair and constructive unfair dismissal claims and redundancy. He has been instructed to advise regularly on areas of dispute and has provided such at chief-executive level. His written work has been described as ‘rigorously researched’ and ‘providing insightful and pragmatic solutions’

Whilst being sought after in regard to Respondent work, Darren also maintains a strong Claimant based practice. He has a particular interest in discrimination matters and constructive unfair dismissal achieving a number of successes in these areas including the obtainment of a £30,000 payment for breach of an express term of a contract of employment. Recently Darren has been retained on a direct access basis by a former store manager to pursue a claim of constructive dismissal against a national chain of superstores.

Given Darren’s experience as a solicitor he is often called upon to advise on prospects and has vast experience in drafting ET1s and ET3s as well as ancillary documentation for use in preliminary hearings. He has been commended for his 'thorough and sound advice' by his instructing solicitors and is developing a strong following since joining Albion Chambers.

During his career Darren has also made a number of media appearances. He undertook a regular slot on BBC Radio Wales for a short period of months covering the absence of a regular presenter and was also asked to appear live on BBC 1 (Wales) to provide legal commentary on the outcome of a well-publicised employment case. Darren has also provided regular training seminar to departments within local authorities and in relation to, amongst other things, TUPE and procurement. Most recently Darren presented a talk on disability discrimination and the influences of metadata in the early stages of these types of claims.

Cases of Interest:

C v WCC – Acting for the respondent, the claimant brought claims of disability discrimination and unfair dismissal relying upon historic incidents of ‘low mood’ to establish a mental impairment for the purposes of s.6(1). After being cross-examined on the content of his impact statement and also the GP notes provided the tribunal found in favour of the respondent and dismissed this element of the claim. Darren acted as both solicitor and barrister in this particular matter.

K v E CIC – Acting for the respondent, the claimant brought a claim of age discrimination against his former employer following a redundancy dismissal which went to judicial mediation. The claimant opened negotiations with an offer of settlement of £150,000 which was overwhelmingly rejected and eventually resulted in a settlement via COT3 of £22,000.

NK v SDL – Acting for respondent, the claimant brought a claim of constructive unfair dismissal and wrongful dismissal. The claimant sought to establish a repudiatory breach of contract based upon events in 2015 (a disciplinary sanction) and 2018 (accusations of threats of violence and a forced resignation). All clams dismissed.

L v NML – Acting for respondent, claims brought for direct sexual discrimination and unlawful deduction from wages based upon a failure to pay a bonus and an agreed salary increase. Claimant was awarded an agreed sum of £230 in relation to salary. Original schedule of loss valued it at £77,000.

W v SP NHS Foundation Trust – Instructed to represent respondent at a four-day hearing. Claimant brought claims of constructive unfair dismissal based upon breach of the term of mutual trust and confidence. Claimant cited 15 incidents upon which she relied to evidence either an individual or cumulative breach. Claim dismissed in its entirety.

ND v OCS – instructed to represent a local government owned organisation in a claim of unfair dismissal, sex discrimination, breach of Maternity and Parental Leave ETC Regulations 1999.

EC v A Local Authority – defended a claim brought by a councillor against the local authority and in relation to an alleged breach of an oral contract between himself and an employee of the local authority. This case required argument on the application of the local authority’s constitution and the ostensible authority of employees.

H v C CEVA Primary School – acted on behalf of the school in relation to the defence of a claim of unfair dismissal arising from the making of a protected disclosure. The case involved a number of ancillary issues involving the conversion of the school to academy status following commencement of proceedings and the application of indemnity clauses within the commercial transfer agreement which affected liability.

Clerk:
Nick Jeanes
E: nick.jeanes@albionchambers.co.uk
T: 0117 311 0307

PI and Inquest

Tab 2 Title:

Commercial and Property

Tab 3 Title:

Given Darren’s previous experience working in private practice, he has a specific interest in commercial and contractual disputes. In that time Darren worked closely with various SMEs and small businesses in South Wales which led to instruction from candidates appearing on Dragons’ Den and the director of Confused.com. Whilst working as a consultant with various local authorities, Darren advised in issues such as service provision changes, ABS and procurement.

Recent cases:

C and Ors v D – instructed to litigate an inter-jurisdictional dispute concerning the ownership of an ancient historic artifact valued at £15.7 million.

W v EB Parish Council – defended claim of possession and application for interim possession order, brought by UK’s largest private landlord, for possession of land owned by a parish council. Successfully obtained a costs award against the Claimant in the sum of £10,000.

OBS v CBC – instructed on behalf of the local authority to defend a high-value claim for breach of a maintenance contract brought by a local contractor.

NCC v A D Ltd – acted for the Claimant local authority for recovery of sums due under the terms of a demolition contract and which involved argument as to the legitimacy of an oral variation to an express variation clause.

L and Ors v M and Ors – litigated on behalf of Claimants in a complex, multi-party dispute in the High Court and in relation to the ownership of a mosque.

Clerk:
Nick Jeanes
E: nick.jeanes@albionchambers.co.uk
T: 0117 311 0307

Regulatory

Tab 4 Title:

Darren has a growing regulatory practice and is keen to develop this area. Further to his previous local-authority experience, he has appeared in a number of cases on their behalf, such as: environmental health, including noise abatement orders; anti-social behaviour orders and licensing applications. Darren has also represented various local authorities and schools at committee level, providing advice in relation to school exclusions and transportation appeals.

Darren has recently been appointed to the panel to prosecute for the Nursing and Midwifery Council.