Amy
Sloan-Thomas

Amy’s primary interest is chancery law. She has a wealth of experience of traditional chancery matters and commercial chancery matters.

In traditional chancery matters, Amy has been instructed in a number of real property areas including, but not limited to: Contracts for Sale (drafting of and disputes in respect of) Beneficial Ownership Disputes

Land Registration (including Compulsory First Registration and Declarations of Abandonment) Amy is also instructed on residential and commercial landlord and tenant cases. Amy has represented property developers in unjust enrichment cases; Dutfield v Amdur (2009), applying the precedent afforded by Barclays Bank Ltd v Quitclose Investments Ltd [1968] UKHL 4 (Sub nom Quitclose Investments Ltd v Rolls Razor Ltd).

Amy’s commercial chancery practice has involved her in many aspects of company law, including:

• Partnership Agreements
• Shareholder cases
• Insolvency
• Insurance / Reinsurance
• Professional Indemnity

Amy’s commercial clients have included Transport for London, in a Compulsory Purchase Compensation case (‘Spirerose Case’) led by Mr Narchaddeia at the House of Lords, and Mahiki Mayfair Ltd where Amy assisted Counsel as a Junior in settling a Partnership Dispute by way of Mediation and Alternative Dispute Resolution.

Other cases of note: Dwimoh Surveyors Limited v (1) 1 st

Credit (Finance) 3 Limited and (2) The Official Receiver (2013) (Bancruptcy Order Annulment) Saben v Mid Essex Heating (London) Ltd (2013)) (Insurance and Recovery of Costs) Ghani v Globe Estates Ltd (2013).

Amy's professional regulatory practice began following a drafting contract with the Department of Health. Following this, she became involved with cases where the disciplines of professionals were being held to account, either by way of Disciplinary Hearings and/or Fitness to Practise Hearings.

This started with medical professionals such as doctors, nurses, midwives, surgeons, and pharmacists. However, she now additionally represents students at universities in internal appeals, external appeals to the OIA, and judicial review where necessary.

Amy has also been involved with many academic misconduct matters involving plagiarism, collusion and cheating. She has dealt with sexual misconduct matters and appeared before many sexual misconduct hearings.

Many of Amy's cases, particularly the latter areas of law, involve matters of discrimination invoking the Equality Act 2010 and the Human Rights Act 1998.

Amy holds expertise in the niche, specialist area of agricultural land and farm business matters. Previous work has included representing farmers against enforcement action from Department of Agriculture and the NIEA (including matters relating to CAP).

Amy has also provided advice in equine disputes involving purchase and ownership disputes with horses and disputes arising from the transport of horses, care/neglect of horses and disputes arising with services provided by equine specialists, i.e veterinarians, physiotherapists, and farriers.

She has additionally assisted in planning applications, both advising and representing individuals in planning applications with and against planning authorities.

Amy also has experience, and great interest, in film and media law. She has gained a lot of experience in this area, including the drafting of/dispute management of Executive Producer Agreements, Writer Agreements, Option Agreements etc.

She has also assisted some artists (painting commissions) in contract commissions of work from large corporations, involving significant negotiation and careful contract drafting.

The experience Amy holds in immigration law is considerable. Having represented Appellants and having held a full-time contract with the Home Office, she is extremely proficient in the following areas:

• Asylums
• In-Country Appeals
• Deportation
• Student Visas
• Entry Clearance
• Judicial Review

Amy is regularly instructed in employment law cases, where she has represented both Appellant and Respondents in complicated cases involving unfair and constructive dismissal.

Notable cases include Sexton v Crown Pet foods (2012) and Mohammed Hannan Miajee v Nextsea Ltd (2012).

Amy is highly competent in the area of personal injury law. She regularly represents both lay clients and professional clients, including commercial company clients, in Court (Raymond Poolman v Miss Nadia Akhtar(2012); Collett v Service Insurance Co Ltd (2012)).

Amy also previously held a full-time contract with the National Health Service and is currently a barrister of interest to the Nursing and Midwifery Council.

In family law, Amy has successfully represented Applicants at the High Court for Forced Marriage Act cases (In the matter of Iqbal HC v Seven Respondents HC (2013)).

Amy has also successfully represented and negotiated Child Contact Orders and Divorce Settlement Orders, and further specialises in child care agreements (Cases of Note include: Ewer v Ewer (2012) and Kerrigan v Ewart (2014-2015); Neher v Alom (2013)).

• LLB (Hons) First
• BVC, BPP Holborn, London
• Called to the Bar of England and Wales, October 2009
• Member of the Honourable Society of the Inner Temple
• European Parliament (legal representation and legislative drafting contract), 2010
• Westlaw UK (Legislative Annotator), 2010
• Called to the Bar of Northern Ireland, March 2016
• Member of the Bar Library of Northern Ireland

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, Amy Sloan-McCann, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
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 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:
    • mailto: amy.sloan@tbgbarrister.co.uk,
    • or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.
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/