Who I am
Yes, I am a barrister and I am regulated by the Bar Standards Board, but – unless you have formally engaged me through your solicitor and/or my clerks – I am not your barrister.
This is a repository of my occasional thoughts and is not intended to provide either general or specific legal advice and may not be relied upon as such.
Where I have set out my views on the law, these are my views and cannot be relied upon to be accurate or complete as at any point in time, any such posts are for my own benefit and may rely upon unstated assumptions. I accept no liability for any reliance placed upon any post or material on this site.
© Chris Hegarty 2020. Unauthorized use and/or duplication of any content contained on this blog without my express permission is strictly prohibited. Excerpts or links may be used, provided that full and clear credit is given to me with appropriate and specific direction to the original content.
For the avoidance of doubt:
(1) Anything posted on this website is for general information only.
(2) Nothing contained in any of the articles, posts, comments or replies is intended to be, or constitutes legal advice on any general or specific legal matter.
(3) No liability is accepted for any reliance upon any post or material contained in this website.
Transparency Disclosures
I am a barrister regulated by the Bar Standards Board and am permitted to undertake Public Access work. My entry in the Barrister’s Register can be found here.
This shows (1) whether a barrister has a current practising certificate, and (2) whether a barrister has any disciplinary findings, which are published on the Bar Standards Board’s website in accordance with their policy. Alternatively, you can contact the Bar Standards Board on 020 7611 1444 to ask about this (or e-mail ContactUs@BarStandardsBoard.org.uk).
I practise from Trinity Chambers in Newcastle and across England. My Chambers policies including complaints process can be found at https://www.trinitychambers.co.uk/about/performance-policies/.
My practice encompasses most varieties of civil litigation, including contract and tort disputes, professional negligence, property matters, chancery issues and insolvency.
My clerks can be contacted at Trinity Chambers, The Custom House, Quayside, Newcastle upon Tyne, NE1 3DE, Tel: 0191 232 1927 or info@trinitychambers.co.uk.
I ordinarily charge on a fixed fee basis and quotes may be obtained from my clerks. For more involved or less clearly defined work I would charge on an hourly rate basis. I rarely accept instructions on a conditional fee basis but professional clients who wish me to do so may inquire of my clerks. I am VAT registered and all my fees attract VAT.
I aim to return paperwork within 28 days however shorter or longer timeframes may be agreed in specific cases. My other professional commitments, availability of parties and/or material may affect such timeframes. For court work and negotiations this can also be affected by other parties and the court system. However I will always endeavour to communicate clearly about deadlines.
In addition to the above if you are a member of the public or entitled to licensed access I must give you this information in addition to the above which continues to apply:
In relation to public access/direct access cases you should note that the Bar Standards Board publishes Guidance for Public Access Clients at https://www.barstandardsboard.org.uk/regulatory-requirements/bsb-handbook/public-access-guidance-for-lay-clients/ which you should read.
I will ordinarily quote fees (as set out above) for public access work but if instructions received vary materially from those discussed then fee quotes or fixed fees may need to similarly vary. If any additional costs or expenses may arise in your case these will be discussed in advance. My fees attract VAT and are quoted exclusive of VAT.
I only undertake public access work in relation to (i) drafting, (ii) advising and (iii) advocacy at court. I am not authorised to conduct litigation and so cannot act as your solicitor would or take formal steps in proceedings.
Specific disclosures – I do not undertake any of the areas of work which attract additional mandatory disclosure on a public access basis.
If you are dissatisfied with my service you may complain in the first instance to my Chambers, whose process may be found at complaints process can be found at https://www.trinitychambers.co.uk/about/performance-policies/.
In the event that (having followed my Chambers complaints procedure above) you wish to pursue a complaint you may take up your complaint with the Legal Ombudsman, the independent complaints body for complaints about lawyers, at the conclusion of our consideration of your complaint. The Ombudsman is not able to consider your complaint until it has first been investigated by Chambers. Please note that the Legal Ombudsman has a six-year time limit from the date of the act or omission about which you are complaining within which to make your complaint. or three years from when it ought to have been known of; and within . You can write to them at: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ, Telephone number: 0300 555 0333 Email: enquiries@legalombudsman.org.uk. If you are not my client and are unhappy with the outcome of Chambers’ investigation then please contact the Bar Standards Board at: Bar Standards Board, Professional Conduct Department, 289-293 High Holborn, London, WC1V 7JZ, Telephone number: 0207 6111 444, Website : www.barstandardsboard.org.uk.
Information about the Legal Ombudsman’s decision data may be found here.
My Privacy Notice:
1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3. I, Chris Hegarty, have been instructed by you or your litigation friend, through your solicitor or agent, or via the Bar Pro Bono Unit (now Advocate).
4. It is necessary for me to process your personal data in order for me to provide you with legal services, for example:
· Advise on the prospects of litigation;
· Advise on the value of your claim;
· Representation at a court hearing;
· Representation at trial;
· Advise, review or comment on legal issues or evidence.
5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.
6. The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.
7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.
8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.
Recipients of your data
9. I may also be required to share your data with others, depending on the nature of your case. This may include:
(i) Courts and other tribunals to whom documents are presented;
(ii) Your solicitors, or agent representing you, through whom I have been instructed;
(iii) Potential witnesses, experts and other persons involved in the case;
(iv) Solicitors, barristers, or other legal representatives;
(v) Ombudsman and regulatory authorities;
(vi) Education and examining bodies; and
(vii) Current, past or prospective employers.
Special Categories of Data
10. In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.
11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.
Retention
12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.
13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However, in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for at least 6 years.
14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:
(i) The legal and professional obligation to retain information relating to my cases;
(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;
(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;
(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.
15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.
16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation.
Your Rights
17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.
19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.
20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.
21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests.
22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object.
23. You have the right to request that your personal data is erased where any of the following apply:
(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;
(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;
(iv) The personal data has been unlawfully processed; or
(v) The personal data have to be erased to comply with a legal obligation.
24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).
25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort.
Security
26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way.
Complaints or Queries
27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: c.hegarty@trinitychambers.co.uk, or my clerks: info@trinitychambers.co.uk telephone 0191 232 1927.
28. I shall aim to respond as soon as possible, and within 30 days.
29. You have the right to complain to the Information Commissioner’s Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/
Website Privacy Notice:
What personal data we collect and why we collect it
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Where we send your data
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A copy of my privacy notice and regulatory information, along with those for my chambers may be found at www.trinitychambers.co.uk or by contacting my clerk on 0191 232 1927
Last updated April 2020 by Chris Hegarty.