Ed Ross

With extensive property law experience, Ed acts in a range of cases, including:

• Landlord and Tenant (residential and commercial)
• Charging orders
• Orders for sale
• Vesting orders (including bona vacantia)
• Possession (including defending possession on human rights grounds)
• Forfeiture 
• Service charge disputes (First Tier Tribunal and County Court)
• 1954 Act matters
• Dilapidations
• Tenancy deposit disputes
• Adverse possession
• Restrictive covenants
• Easements
• Riparian rights
• Boundary disputes
• Trespass and nuisance

• The Churchill Scholarship, Gray's Inn
• The Holt Award, Gray's Inn
• The Manchester Leadership Award, The University of Manchester

• Mount Wellington Mine Ltd v Renewable Energy Co-Operative Ltd [2021] EWHC 1486 (Ch) – Successful defence of a s.67 Arbitration Act 1996 challenge to jurisdiction in a long-running commercial landlord and tenant dispute. Clarified the law about the transfer of assets on a conversion from a company to a registered society under the Co-Operative and Community Benefit Societies Act 2014. Previously no case law on this point.
• Flat 4, 257-259 Brownhill Road, London SE6 1AE LON/00AZ/OLR/2020/1232 V:CVP (First Tier Tribunal (Property Chamber), 2021) – Excellent commercial outcome for a tenant in respect of an application for determination of a leasehold renewal premium under the Leasehold Reform, Housing and Urban Development Act 1993.

• Re Sarjanda Ltd; Sarjanda Ltd (in liquidation) v Aluminium Eco Solutions Ltd and another [2021] EWHC 210 (Ch), [2021] All ER (D) 76 (Feb) – Application to rescind a winding up order and for relief from sanctions. Article published by LexisNexis.

• Bardales v Syriopoulos (County Court, 2021) – Fiercely contested CPR r.39.3 application in an underlying tenancy deposit claim. Involved arguments over whether the tenancy had been varied or terminated and re-granted and if so, whether the tenancy deposit legislation applied.

• Copford Limited v Welcome Cars Limited and another (County Court, 2020) – Application for default judgment which resulted in an order for alteration of the property title register. Drafting and representation.

• Basement Flat, 109 Marina, St Leonards on Sea, East Sussex TN38 0BP CHI/21UD/LSC/2020/0059 (First Tier Tribunal (Property Chamber), 2020) – Determination of reasonableness of substantial service charges, including two sets of s.20 Landlord and Tenant Act 1985 major works. Advice following hearing led to recovery of the arrears from the leaseholder’s mortgagee.

Recent Property cases include:

• Successfully defending proceedings in the FTT challenging the reasonableness of two s.20 major works service charges, together with dismissal of a £60,000 claim for set off against service charges.
• Successful proceedings for relief from forfeiture with respect to the lease of roof space for the placement of solar panels. Ed also secured a costs order in the tenant’s favour.
• Advice on the enforceability of, and potential to remove, a restrictive covenant to enable a change of use from commercial to residential.
• Successful application to amend a suspended possession order to impose further terms.

Recent Commercial cases include:

• A complex case in the TCC involving the “upseating” of coaches.
•  A case involving in-depth analysis of the British Standards relevant to the manufacture of Insulated Glazing Units.
• A successful ex parte injunction and subsequent substantive proceedings for breach of a non-disclosure agreement and misappropriation of confidential business information.
• A successful ex parte injunction and return hearing to restrain the presentation of a winding up petition for a haulage company.

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, Ed Ross, 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: edward.ross@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/