Matthew Rudd

Matthew Rudd

  • Year of Call: 1994
  • LL.B. (Hons), University of Sheffield
    Inner Temple
    Practice

    Matthew Rudd is an experienced barrister, having practised in London from 1994 and in Leeds since 2005. He is a member of Broadway House's Employment Law and Family Law teams.

    Employment Law

    Matthew Rudd is a seasoned Employment Tribunal advocate, having provided advice and representation to individual and corporate clients in employment matters for over 15 years. He has appeared in several important employment appeals and has had some notable successes, including representation of Claimant who succeeded in the Employment Tribunal but suffered a 100% Polkey reduction. Matthew persuaded the EAT to remit the matter to a fresh Tribunal and substantial damages were ultimately awarded. In addition, Matthew successfully resisted an employer’s appeal when representing a senior executive in an unfair dismissal (redundancy) and sex discrimination claim.

    Matthew’s practice encompasses all areas of employment law, from unfair dismissal, all forms of discrimination and transfers of undertakings, to Trade Unions, work-related stress claims and restrictive covenants within contracts of employment. He is regularly called upon to advise on complex issues and appear on behalf of clients in Tribunals across England and Wales.

    Family Law

    Matthew Rudd is also a family law specialist with an excellent reputation in both ancillary relief and Children Act work. Matthew’s ancillary relief practice includes cases involving high-value asset bases, personal and corporate insolvencies, family businesses, hidden loans and significant delays in applying for relief. He has also represented clients in cases brought under the Married Women’s Property Act 1882, the Matrimonial Proceedings and Property Act 1970 and the Trusts of Land and Appointment of Trustees Act 1996 where the parties have cohabited rather than married.

    Matthew’s Children Act practice covers both private and public law matters of serious complexity, and he is often called upon to act in Family Law Act 1996 cases where Occupation and Non-Molestation Orders have been applied for. He can be relied upon to provide robust advocacy and sensitive advice in extremely difficult circumstances where family relations are at a nadir, including on appeals to the Court of Appeal.

     

    Matthew Rudd - a Direct Access Barrister

     

    Matthew Rudd is able to accept Direct Access work under the Bar Public Access Scheme. For more information in relation to the scheme or to make a booking directly please contact our dedicated Civil & Family Clerking Team on the details provided opposite.

     

    Professional Memberships

     

    Employment Law Bar Association

    Employment Lawyers' Association

    Family Law Bar Association

    North Eastern Circuit

     

    Notable Cases

     

    Court of Appeal

    Dolan v Corby [2012] 1 FCR 276

    Property rights – Occupation order – Exceptional circumstances – Parties cohabiting as joint tenants in same property for many years – Applicant obtaining non-molestation injunction and seeking order allowing her to reside in property to exclusion of respondent – Applicant subsequently seeking to have respondent committed for breach of injunction – Injunction and committal applications being resolved by cross-undertakings – Recorder terminating respondent's rights of occupation on basis that respondent in better position to find alternative accommodation – Respondent appealing – Whether recorder erring in application of law – Family Law Act 1996, s 33(3), (6), (7).

    Re H (a child) (Contact: Adverse Findings of Fact) [2011] All ER (D) 82 (Apr)

    Family proceedings – Evidence – Findings of fact – Findings of fact being made against mother – Mother contending contact not taking place because of child's reluctance – Judge finding mother frustrating contact – Whether judge erring.

    Re A (children) (Residence Order) [2009] All ER (D) 69 (Oct)

    Family proceedings – Orders in family proceedings – Residence order – Children residing with mother – Mother not supporting contact with father – Mother changing position – Judge ordering transfer of residence to father on basis that change in mother's position not to be trusted – Whether judge erring.

    Ager v Ager [1998] 1 All ER 703

    Legal aid – Order for costs – Award of costs against assisted person – Enforcement of order – Court of Appeal, following appeal from county court, making order for costs against assisted person, not to be enforced without leave of the court – Whether leave of Court of Appeal or of county court required to enforce order – Supreme Court Act 1981, ss 15(4), 17(1) – County Courts Act 1984, s 76.

     

    Employment Appeal Tribunal

    Smart Interiors Contractors Ltd v Thomas [2007] All ER (D) 144 (Jan)

    Costs – Employment tribunal – Decision – Employee failing to comply with orders – Employee bringing proceedings in unreasonable manner – Striking-out of employee's claim – Tribunal refusing to award costs – Whether tribunal considering relevant factors – Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861, Sch 1, r 40

    Dial-a-Phone v Butt (2004) UKEAT/0286/03/TM

    Employment – Redundancy – Selection for redundancy – Employee claiming that she was selected for redundancy because she was pregnant – Employment tribunal upholding employee's complaints – Correctness of decision.

    Davis v ITNET [2003] All ER (D) 337 (Jul)

    Employment – Redundancy – Failure to consult – Admitted unfairness in procedure – Consideration of findings of employment tribunal.

    Richards v Sussex Racial Equality Council and others [2002] All ER (D) 59 (Nov)

    Employment – Employment tribunal – Procedure – Unless order – Striking out of complaint.

    Zoi & Co Solicitors v Ayanbadejo [2001] UKEAT 0631/01/1911

    Unfair dismissal - Redundancy - Reason for dismissal - Reason relating to pregnancy.

     

    Recent Articles & Seminars

     

    The Additional Paternity Leave Regulations 2010: Who's The Daddy? - (2011) Broadway House Chambers' annual Employment Law Seminar, Crowne Plaza Hotel, Leeds (with Rachel Mellor). An analysis of the mechanics of the new Regulations alongside case studies.

    Cohabitation Law Update (Broadway Quarterly, February 2011) - A discussion of the latest first-instance High Court and appellate Court of Appeal decisions in the field of TOLATA, prior to the Supreme Court's decision in Kernott v Jones [2011] UKSC 53.

    Equal Pay and the Equality Act 2010 - (2010) Broadway House Chambers' annual Employment Law Seminar, Crowne Plaza Hotel, Leeds (with Paul Smith). An examination of the recent reforms to Equal Pay law and the advances made through case law based upon the old Equal Pay Act 1970 régime.

    Fireman Falls "Fowl" of Heavy Legal Burden (Broadway Quarterly, May 2009) - Highlighting the practical effects of the House of Lords' decision in Stack v Dowden [2007] UKHL 17 on cohabitation cases, and principles of fairness.