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Chris Pataky

Since qualifying as a barrister in 2009, Chris has been instructed to act in hundreds of cases before tribunals and the High Court.

As a specialist in professional regulatory and professional disciplinary law, Chris has extensive experience in advising and representing at hearings before the GMC, NMC, GDC, GOC, GOsC, ICAEW and NHSE. He has particular experience in cases involving serious and complex clinical concerns, serious dishonesty as well as sexual misconduct. 

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Chris Pataky

Chris has worked as a regulatory advocate and senior lawyer at the Nursing and Midwifery Council, as well as a barrister and senior associate within Blake Morgan's professional disciplinary team, ranked as a Legal 500 Tier 1 firm in the field. He can act for professionals or regulators. Having completed the Direct Access Course, Chris can be instructed directly by members of the public as well as by solicitors.

Before being called to the bar, Chris worked as a qualified healthcare practitioner. This has given him exceptional insight into the difficulties encountered and the experiences of those working in a range of professions, particularly those allied to healthcare.

Chris' Experience

Called in 2009

 

Barristers in England and Wales are regulated by the Bar Standards Board

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Professional Disciplinary & Regulatory Law

Chris provides legal advice at every stage of the legal process, including the investigation stage, interim order hearings, substantive hearings, registration appeals and substantive order reviews.

With extensive experience in representing before Committees and the High Court, Chris has acted in cases of all levels of complexity. This includes cases where the concerns are particularly complex and sensitive or where alleged failures in care may have caused or contributed to patient harm or death.

  • Responding to allegations at the investigatory stage
  • Advising on alternative disposal and voluntary removal
  • Interim order hearings and applications to extend interim orders in the High Court
  • All types of cases, including misconduct, health, convictions, unacceptable professional conduct, lack of competence, deficient professional performance
  • Appeals against committee decisions
  • Registration appeals
  • Restoration hearings
Memberships & Advisory
  • The Association of Regulatory and Disciplinary Lawyers (ARDL)
Privacy Policy

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 Pataky, 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: chris.pataky@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/

Chris' Testimonials

From the outset, Chris understood the complexities of my case and answered my questions using language that I found easy to understand. Chris is very professional, and he has a very kind manner which put me at ease.

His advice was invaluable and his skilful representations on my behalf were successful in avoiding a full NMC hearing. 

Healthcare Practitioner

Lay client

Chris’s healthcare background meant that he immediately appreciated the organisational structure and context of my case. His focused approach meant that I was always clear on the next steps. He kept in touch throughout and was highly responsive, including out of working hours.

Chris’s performance during my hearing was exemplary and his carefully considered, precise and detailed submission provided clarity to the Panel and to the proceedings overall. The successful outcome was in no small part, due to his excellent approach to my case. It was an absolute pleasure to work with Chris.

Doctor

Lay client

Chris is a world-class barrister. I had a complex case where Chris represented me. I had a short period of time to explain my situation to him. He understood my case and put together a fantastic defense submission. I had the best possible outcome.

Chris is extremely knowledgeable, professional and hard-working. I cannot thank him enough for his support. Without him, I would be in a very different position today. I would highly recommend Mr. Chris Pataky.

Healthcare Practitioner

Lay client

 

 

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