Matthew Withers

Matthew has experience in property litigation, including claims involving the sale of land, residential and commercial landlord and tenant matters including possession claims, service charge disputes and claims for disrepair. Matthew also deals with boundary disputes, and forfeiture matters.

He also regularly represents Housing Association clients in obtaining possession orders, and injunctions to inspect gas appliances He also deals with anti-social behaviour injunctions.

Matthew’s property experience means he is sought after by clients who wish to resolve their trusts of land issues, and he regularly advises in conference and drafts proceedings (part 8 and part 7) for declarations and orders for sale in TOLATA matters.

This experience, and Matthew’s commercial nous, means that he also acts in Financial Remedy claims for intervenors, drafting points of claim, or by way of external advice on any property elements of FR proceedings. Matthew also deals with Schedule 1 Children Act matters where they cross with TOLATA matters.

Matthew’s diligent technical knowledge is also sought by clients looking to take enforcement actions in proceedings relating to property, including in the family court; Matthew has recently dealt with contempt proceedings, injunctive relief in relation to an order for sale and third party debt orders for significant capital sums.

Matthew’s “calm and reassuring” manner in these matters was noted when ranked as a leading junior by the Legal 500 and Chambers & Partners. The recent editions note that:

• “Matthew has so many strengths it is difficult to list them all. He is able to explain complex legal issues in a way that is understandable to clients. He has fantastic attention to detail, is always well-prepared, and knows cases inside out. His tactical insight is always valuable and he always goes the extra mile.”
• “Matthew is a rising star. His written submissions are concise, clear and persuasive, and his advocacy is impressive.”
• “Matthew Withers is the most personable barrister and extremely client-friendly.”

In employment law Matthew has experience of a wide range of cases in the Employment tribunal, county court and High Court covering claims across the elements of employment law including in TUPE, Discrimination, Equal pay, constructive unfair dismissal.

Matthew acts for both Claimants and Respondents/Defendants.

His breadth and depth of employment law knowledge is recognised by both the Legal 500 and Chambers & Partners who rank him as a leading junior in this field. Recent editorial includes:

• “Matthew is fantastic to work with and always goes above and beyond for his clients.”
• “Matthew is a forceful advocate who had a good hold of the details early on in the case. He has great client engagement skills, swiftly distilling complex areas of law.”
• “Matthew Withers is truly exceptional.”
• “Matthew is my go-to at 1 Crown Office Row.”
• “Matthew Withers is approachable with strong technical skill and an easy manner that readily puts clients at ease.”

Selected Cases

• Acted for Respondent firm successfully resisting allegations of direct disability discrimination, harassment and victimisation.
• Advised his senior executive client on her redundancy, against a background of potential actions for sexual harassment and direct sex discrimination.
• Appeared in the Queen’s Bench Division resisting an application for an interim injunction in a restraint of trade matter, Matthew successfully resisted the making of an injunction and negotiating an order compromising the entire action on terms that allowed his client to continue his business.
• Assisted in negotiations on behalf of a former female CEO of an international investment corporate entity against the chair of the entity’s group, in her claims which involved sex discrimination.
• Acted for the Respondent accountancy firm in respect of an equal pay claim.
• Advised a firm of solicitors on a restraint of trade matter, concerning their proposed employment of an employee from a competing firm.

Matthew regularly acts for companies and their directors and members, advising and acting in cases in relation to all aspects of company and commercial law.

He’s employment law knowledge is also of great assistance in advising small businesses and individuals in circumstances where departing individuals engage shareholding, directorship and employment considerations.

Matthew also regularly acts in restraint of trade cases, advising in and responding to applications for interim injunctions and the underlying damages claims.

He is ranked by both Chambers & Partners and the Legal 500 as a leading junior with recent editorial noting:

• “Matthew is an excellent all-rounder. He is extremely bright and has expertly tackled a wide range of matters. He is very well-liked by clients for his friendly and approachable manner. He is also very well organised and is an excellent advocate.”
• “Matthew is very able and intelligent.”
• “Matthew has a very good manner about him and is clearly very bright.”
• “He is an excellent advocate, always thoroughly well organised and is very popular with clients for his calm, friendly and approachable manner and excellent advice.”

Matthew regularly acts in civil applications and claims brought on behalf of the Police, including applications for return of goods, DVPOs, SPOs and Closure Orders, as well as Civil Injunctions in relation to anti-social behaviour.

Selected Cases

• Matthew has also undertaken work in actions against the police, including acting for a former police officer who brought claims of negligent misstatement against his former employer in relation to his security clearance.

Matthew accepts work from lay clients via Direct Access and you can read more about his areas of expertise here.

Matthew’s extensive property, trusts and chancery experience mean that he is often instructed in matters which involve Probate – whether for estates, beneficiaries or executors seeking to realise complex property matters or seeking to challenge wills or provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, as well as those who find themselves embroiled in a property matter in which a relevant party has died without leaving clarity about contested matters. He is regularly instructed to advise, both in conference and in writing, draft proceedings and applications and appear at mediations, hearings and trials in both the county and High court.

Selected Cases

• Successfully appeared at trial for a beneficiary and executors in defeating a claim for reasonable financial provision pursuant to the 1975 Act by an adult child, which also raised issues as to capacity of the deceased when making the will and allegations of misapprehension of funds during the deceased’s life which fundamentally altered the value of the estate;

• Advising on and drafting an application for directions from the High Court pursuant to CPR 64 where executors could not resolve how or if property should be sold;

• Advising 8 of 9 beneficiaries about actions they could and should take where the remaining beneficiary sought to obstruct and abusively prevent sale of a property;

• Drafting proceedings and advising an estate whereby allegations of fraud and financial impropriety by relatives was discovered following death.