Discrimination, EU and Commercial Law

The legal 500 and Chambers and Partners Guide to the Legal Profession describe Spencer:

“he is an excellent advocate who instills confidence from the outset”

  “Committed in every way to achieving the best possible result for the client”

“good at cutting through detail and getting to the core issues”

Discrimination & Equality Law

Spencer’s discrimination law practice covers discrimination in employment and the provisions of goods and services.    He appears regularly in equality law matters in both the civil courts and employment tribunals.

Spencer is recognised in both the Legal 500 and Chambers and Partners as a leading discrimination law barrister.  Both the legal directories have highlighted his knowledge of disability discrimination law, saying that it is  “second to none” and that ‘no one has the same pulse on the button of disability discrimination law.

Spencer publishes a disability law database here.  This contains summaries of many of the disability discrimination cases that have been heard in the higher courts and tribunals since 2010.  It also contains articles on disability law written by Spencer for professional journals.


 EU law and the ECHR

Spencer has experience of the application of EU, the ECHR and the EU Charter,  at every level of the Court hierarchy.   Recent work includes disputes over the application of the Brussels and Rome Regulations, whether ECHR can be used to broaden a Tribunal’s jurisdiction and whether a Scottish employee can be sued in an English Court.  Recent cases include:

  • Anderson v Hampshire County Council [2018]ET.  Spencer is representing the Council in this important case about whether Foster Carers are workers under domestic law / EU law.
  • Bamieh v European Union Rule of Law Mission in Kosovo [2018] EAT and Court of Appeal.  Whether an international organisation has personality for the purposes of domestic law and the effect of Article 10 ECHR on the territorial jurisdiction of an English Employment Tribunal.
  • Unison v Lord Chancellor [2017] Supreme Court. The judicial review concerning Employment Tribunal fees. Instructed by the intervener, the Equality and Human Rights Commission, led by Michael Ford QC.
  • X v. Mid Sussex Citizen’s Advice Bureau & Anor  [2012] UKSC 59 (Supreme Court).  The leading case on whether a volunteer was protected from discrimination under domestic and EC law.


Commercial Law

Spencer has a busy practice as a commercial barrister, advising and representing clients in a wide variety of commercial disputes.  He is able to provide a range of services including providing and and representation on:

  • applications in the High Court for both interim and final injunctions (particularly those based on unlawful competition);
  • general contract law matters;
  • exclusion clauses and the Unfair Contract Terms Act (UCTA);
  • shareholder disputes including claims for unfair prejudice and unlawful distribution;
  • disputes relating to senior employees and directors (breaches of fiduciary duties and unpaid bonuses or commissions);
  • actions against ex-employees (including breaches of the duty of fidelity and confidentiality).

 Direct Access / Public Access

Spencer accepts direct access instructions.  He takes a pragmatic and cost-effective approach to dispute resolution and is committed to achieving the best possible result for his clients.  He takes care to ensure that his clients are provided with practical and common sense advice aimed at resolving their legal problems as efficiently as possible.

Spencer will help you identify the most cost effective way of dealing with your dispute even if that means advising you to use alternative representation.

  • Find out about commercial law services – click here
  • Find out about employment law services – click here.
  • Find out more about Spencer – click here.
  • Look at Spencer’s profile on Old Square’s website – click here.


Spencer Keen - Commercial Barrister | Employment Barrister

Old Square Chambers, Commercial and Employment Law

How to appoint Spencer

Please call Spencer on 07717 721204 to discuss your needs.
Alternatively, please email keen@oldsquare.co.uk or use our contact form to get in touch.