John John

Barrister: John Schmitt

Call:
2013

Education:
BA Hons in Classics & English, Oriel College, University of Oxford (First Class); Graduate Diploma in Law, City University Law School (Distinction); BPTC, BPP Law School, (Very Competent); Lord Bowen, Lord Denning & Lord Levitt Scholar of Lincoln's Inn

Overview

John is in court on a daily basis as a busy and flexible common law practitioner, regularly acting and advising in a range of commercial and civil disputes, while also representing local authorities and private clients in family matters involving children and finances.

In particular, John appears and advises in actions for personal injury and fatal accidents arising from the negligence of professionals, employers and public authorities. He combines a detailed grasp of the law with confident advocacy and clear, practical advice.

John is a contributing author to the latest edition of the Road Traffic Accident section of Butterworths Personal Injury Law Service; he is a specialist on liability in this area.

He is also experienced in representing families at inquests in a clinical negligence context and has done so through the AvMA pro-bono inquest service. Most recently he has represented a family at four day jury inquest at the conclusion of which the deceased’s employer were ordered to produce a Prevention of Future Deaths report.

Prior to becoming a barrister, John was an English teacher, acting as Head of Department at a leading secondary school. He has used his experience in education to represent permanently excluded pupils pro bono in their appeals to the Independent Review Panel.

His first career and his extensive court experience to date have together equipped him with the valuable skills of persuasive argumentation and team management, along with the ability to interact with clients sensitively and to perform under pressure.

John is a member of the Personal Injuries and Professional Negligence Bar Associations.

In his free time, John enjoys cooking, tennis, singing and time with his young family.

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Commercial and Property:

John is experienced in acting in a range of residential and business landlord and tenant cases, and those engaging lease / licence issues and building / boundary disputes. He is able to use his related experience in professional negligence cases to the advantage of his clients in such disputes, particularly in his handling of expert evidence.

Recent work includes successfully arguing at trial on a behalf of a Claimant landlord that the Defendant’s purported equitable assignment of a lease for an internet café was invalid, and in another case successfully rebutting an alleged surrender of a commercial lease. His trial experience of witness handling is particularly useful in contested landlord and tenant disputes.

On paper, John frequently completes pleadings in this area, and frequently advises and acts within possession proceedings. For example, he has recently advised regarding whether, following a Notice Requiring Possession, a landlord receiving rent under an Assured Shorthold Tenancy has created an inference that a new tenancy is being created, and on a range of issues arising from defective section 21 Notices.

Civil:

John is regularly instructed in multi-track personal injury claims pleaded up to £500,000 and has worked with his instructing solicitors to achieve six-figure settlements for his clients.

John has abundant experience in the County Court successfully conducting trials, interim hearings and applications, and is appearing in the High Court with increasing frequency. He prides himself on his advocacy.

John also regularly advises on matters concerning the liability of employers, public authorities, businesses and motorists, as well as in complex quantum matters arising from personal injury. He provides intelligent, thorough and commercially practical advice.

Employment:

John is a multi-disciplinary barrister who is an experienced and flexible advocate. John has experience of advising on a range of aspects of employment law with a particular emphasis on constructive dismissal. For example, he has advised an employee who worked in the caring field for forty years in relation to a potential action against an employer for constructive dismissal and discrimination based on her race. This engaged complex issues regarding the employee's potential acceptance of the employer's repudiatory breach in circumstances where an employee had shown some tentative willingness to be reinstated in her professional role.

As another example, he has drafted a rider to an ET1 in a whistleblowing case where the employee, a medical professional, had alleged serious misconduct on the part of a colleague and, as such, asserted he had made a protected disclosure within s.43A Employment Rights Act 1996.

John has also appeared in the Employment Tribunal in a legally complex matter representing an employee who was arguing that his demotion was tantamount to a dismissal. This also necessitated a legal argument as to whether the employer's disciplinary power to demote was incorporated into the Claimant's contract, in addition to detailed cross examination of the employer's senior management as to its disciplinary procedures.

John was a teacher for nine years before becoming a barrister and enjoyed a management position within a leading secondary school, giving him experience of the realities of employment disputes and experience of handling them at first hand.

Family:

John regularly acts for local authorities in family matters involving children. He has also represented parties seeking financial remedies and child arrangements in private law.

John's experience includes representing at the final hearing in care proceedings the maternal grandmother in whose favour a Special Guardianship Order was made. He is also currently representing a party in ongoing proceedings in which a financial order for sale of the former matrimonial home is sought. Other recent appearances include successfully representing a mother in a contested final hearing, as a result of which a Child Arrangements Order was made for her son to live with her.

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For more information please call our clerks on
020 7832 0500 or Email »

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