Direct Access Barrister

Marc Beaumont

Direct Access Barrister

Marc Beaumont

Marc Beaumont invented the direct public access scheme. He has wide experience gained over 37 years at the Bar. He has a prolific, nationwide direct access practice in most areas of litigation, both conducting the litigation, without the need for a solicitor to do so, and all of the advocacy.

Marc has a no-nonsense analytical approach to problems. He prefers to take complex cases from the beginning of the case and to conduct them through to settlement or to the end of a trial. In suitable cases, he will do this without bringing in solicitors. He is a Fellow of the Chartered Institute of Arbitrators.

Area of Law

Banking and Financial Services

Marc's long experience of professional disciplinary cases is brought to bear with great effect when he defends financial services providers in FCA cases.

Business and Corporate

Marc has conducted a number of recent unfair prejudice cases which lend themselves to direct access. Hw is able to offer all barrister services - and solicitor-type services too. In this area, usually after a breakdown in relationships, it is vital for the parties to save money and Marc enables parties to do so.

Chancery

Marc deals with a number of different types of case in the Chancery Division: property disputes, probate; Inheritance Act; injunctions/asset freezing orders.

Clinical Negligence

Marc's work in this area has involved defending GPs, Radiographers, Cardiologists, Eye Surgeons and Dentists. He often advises and acts for Claimants.

Commercial

Recent cases: L v O’R (2022) Jan (Restitution; unjust enrichment; decision of Supreme Court in Investment Trust Companies v Revenue and Customs Commissioners [2018] AC 275 on three party commercial relationships; meaning of, “at the expense of”; successful reverse summary judgment application); LF v Citibank (2021) Commercial Court (advice, drafting and representation in claim for an account of missing €10 billion); G v H (2021) High Court Ch D. ($14 million alleged investment fraud; asset freezing injunctions); Image Trade Marks v M (2021) (Advice and representation at Mediation in claim for £4.4 alleged to have been fraudulently misappropriated); Plant v El-Amir (2020) QBD, Soole J (Application for asset freezing order in clinical negligence action against an eye surgeon; Marc Beaumont successfully resisted the AFO application); Gulf Air (Bahrain) v A and others (2019) November (Commercial Court, (Claim for $9 Million for alleged conspiracy to defraud through a tender for a contract to supply in flight entertainment; alleged breach of fiduciary duty; knowing assistance in breach of fiduciary duty and knowing receipt of trust funds).

Education

Marc has acted in several leading education law cases on school admissions, discipline and SEN, usually in the High Court judicial review context.

Fraud

Marc has over 3 decades of experience of cases of serious civil fraud. Recent cases involve a 10 billion euro alleged banking and investment fraud, a £4 million fraud within a middle eastern airline, and a £10 million fraud within the UK's largest consolidated property company. Marc handles urgent injunctions/ asset freezing orders in the High Court.

Health and Safety, including Product Liability

Marc is presently acting in a product liability claim concerning an over the counter drug sold in every chemist and supermarket in the UK and USA.

Human Rights

Many of Marc's cases raise issues under Articles, 6, 8 and 10 of the ECHR. Recent cases include issues of fair trial rights, private life and freedom of expression in disciplinary prosecutions.

Inquests and Public Inquiries

Marc accepts instructions on direct access in this important area, saving the costs of firms of solicitors.

Insurance and Reinsurance

Marc has acted in a number of insurance disputes on direct access, involving coverage, property damage and Ombudsman matters.

Partnership and Joint Ventures

Marc has conducted and mediated many direct access cases involving partnerships and joint ventures.

Professional Discipline

Marc is known as "the barrister's barrister" due to his extensive experience of defending fellow barristers in disciplinary proceedings. He defends solicitors and surveyors before their regulatory tribunals. Recent cases: Successfully representing a senior barrister on appeal to the High Court in a high profile case.
Successfully overturning all disciplinary findings for a member of STEP before the STEP Appeals Committee. Successfully representing a Tribunal Judge in a disciplinary investigation. Representing Countrywide Residential Lettings in a plea-bargained regulatory settlement with RICS concerning £10 million of unclaimed client funds paid into office account. Successfully defending a solicitor partner in a trial at the SDT of charges of indecent assault on a member of staff. Reduction on appeal to the High Court by a barrister of 3 sentences of disbarment to three sentences of suspension. Negotiating a favourable settlement in a RICS prosecution of a surveyor involving multiple charges and a lengthy trial. Successful representation in the royal baby tweet case. Other cases on freedom of speech. Marc is the author of " Beaumont on Barristers, a guide to defending disciplinary proceedings" (2020).

Professional Negligence

Recent cases: Defending an eye surgeon in the High Court. Defending a Dentist. Acting for claimants against legal professionals. Acting for legal professionals in claims against them. Wasted costs applications against lawyers. Successful defence of an Architect in the High Court.

Property

Marc Beaumont has a special interest in real property law. He has been standing or retained counsel to several UK banks and building societies. Marc has particular experience of the law of mortgages, undue influence, consumer credit, the law relating to jointly owned property, claims under the Inheritance (Provision for Family and Dependants) Act 1975, boundary disputes and the law of adverse possession.
He was junior counsel in the famous property law decision in Abbey National v Cann [1991] 1 AC 56, arguing the case himself all the way to the House of Lords when he was still a very young barrister. Recent cases include the important decision in Paull v Paull [2018] EWHC 2520 (Ch), in which an elderly father transferred his home to his son. He raised a subsequent claim of presumed undue influence. It was successful. Marc successfully exercised his conduct of litigation rights and conducted the case from start to finish, exercising the functions of both barrister and solicitor. Marc has advised or acted as counsel in several hundred cases raising issues of mortgage fraud, undue influence or mortgage enforceability.

Public and Administrative Law

Marc has extensive experience of judicial review in the professional disciplinary and education spheres. Recent cases include a claim by the RICS head of conduct against RICS itself and a claim against RICS alleging a lack of independence in its panel members. Marc acted in the most important modern judicial review about barristers. In education law, Marc has conducted several leading and reported cases.

Regulatory

Allied to his extensive knowledge and experience of professional disciplinary work, Marc defends those accused (usually by local authorities) of criminal regulatory offences under legislation in the areas of trading standards, food safety, food labelling, public nuisance, public health planning and rating.

Sport

Marc sat on the Court of Arbitration for Sport. His extensive knowledge of disciplinary law and practice is directly relevant to sports cases. Direct access saves huge sums in legal costs in this area.

Wills and Probate

Marc has conducted and mediated a number of cases involving disputes over wills and estates.

What sort of work do I do?

Marc provides expert legal advice in complex cases. He drafts formal court documents such as Particulars of Claim and Defences, Grounds of Appeal and Skeleton Arguments. Unlike many barristers, he conducts formal correspondence. He will perform all solicitor-type functions in suitable High Court and County Court cases, saving his clients large sums in legal costs. He acts in commercial, business and property disputes, judicial review and in professional disciplinary tribunals, as well as in appeals from those courts and tribunals. Marc is well used to taking on unpopular cases and standing up to judges. He is completely independent of any outside interests or pressures. Marc is known for his highly effective cross-examination style and his naturally eloquent use of language, both written and oral. Marc is also an Arbitrator and Mediator.

Who do I work for?

Individuals and companies, large and small businesses. International corporate and individual clients instruct Marc directly. Professionals, such as barristers, solicitors, property professionals and medical professionals instruct Marc on direct access.

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