Harpreet Giani

As a qualified Indian advocate, Harpreet provides seamless expert advice on Indian law and representation in Indian courts. He has been instructed as a single or joint expert for providing reports to courts on Indian law, on subjects including:

• Inheritance
• Matrimonial law
• Criminal law
• Corporate law
• Trust law

Harpreet is able to offer support in the following areas:

• Chancery
• Business and Commercial Law
• Commercial Arbitration
• International Law – Conflict of Laws
• International Arbitration
• IT, Technology and Cyber Law
• Defamation
• Financial wrongdoing
• POCA, confiscation and asset restraints

Harpreet has extensive experience of divorce and matrimonial proceedings (financial settlement). He is content to accept instructions from Applicants and Respondents to deal with proceedings from the First Directions Appointment (FDA), to Financial Dispute Resolution (FDR) and Final Hearing.

Harpreet's caseload includes proceedings featuring high value and complex assets including pensions, businesses and property (including property held overseas). He also has experience of dealing with enforcement proceedings relating to financial orders and has dealt with applications to vary long-standing orders due to a material change to the circumstances of one or other party to the order.

• Business assets
• Pensions
• Non-disclosure
• Trusts and Inheritance
• Non-matrimonial property 
• Overseas business and property assets (Harpreet is happy to accept instructions in English, Hindi, Punjabi and Urdu)
• Variation applications
• Applications to intervene
• Maintenance pending suit
• Enforcement
• Child Maintenance

He has worked with clients from a wide range of backgrounds and is experienced in dealing with various cultural issues that arise from divorce proceedings.

Harpreet is frequently instructed to advise and represent clients in relation to contested child arrangement order proceedings (contact and residence) and the associated injunctive remedies that often crop up in such cases, for example prohibited steps orders, non-molestation orders and occupation orders.

Harpreet's child arrangements practice includes:

• Child Arrangement Orders (contact and residence)
• Parental responsibility
• Prohibited Steps Orders
• Specific Issue Orders
• Non-molestation and Occupation Orders
• Applications to enforce

Harpreet offers considerable experience of proceedings featuring allegations of domestic violence and abuse (including substance abuse) and welcomes instructions to represent clients in contested fact-finding hearings.

Harpreet is frequently instructed on behalf of his commercial client base to defend them against criminal and quasi-criminal regulatory offences in the criminal courts. These are typically cases prosecuted by the CPS, Local Authorities and a number of other prosecuting authorities such as the Health & Safety Executive, Trading Standards and Environment Agency. Examples of the regulatory offences Harpreet has dealt with include charges brought under the environmental, health and safety, trading standards and licensing regimes.

Harpreet holds a judicial position and sits as a magistrate himself so his knowledge and understanding of the application of the law within the context of the magistrates' courts is second to none.

In addition to his regulatory practice, Harpreet also has a background in dealing with 'traditional' criminal offences of the most serious nature. Whilst he has diversified his practice in recent years, he remains very well-placed to advise and represent private clients charged with the full range of criminal offences and is frequently instructed to attend criminal proceedings in the magistrates' court, the crown court and the Court of Appeal. As part of his criminal practice, Harpreet is frequently instructed to provide representation in relation to Proceeds of Crime Act (POCA) applications and confiscation and asset forfeiture proceedings. 

Harpreet has a significant amount of experience in employment law and has provided representation for clients (claimants and respondents) in complex and high value claims. Harpreet is also experienced in providing representation for clients at Judicial Mediation and has a good track record of helping clients to reach early settlement on employment law claims.

Particular areas of expertise:

• Unfair dismissal claims
• Constructive dismissal claims   
• High value complex claims
• Whistleblowing claims
• Discrimination claims

• Advised in the matter of the estate of a deceased person who had property and assets globally, including India
• Advised in the case of a testamentary trust set up by the will of an English deceased person in India
• Represented the defendants (led junior) in a case concerning the religious nature and ownership of a group of temples in Birmingham, Wolverhampton and High Wycombe
• Represented the Part 20 defendants in a dispute over the validity of the election process of the management of the Sikh temple/Gurudwara
• Successfully defended in a bribery case involving stolen computer data
• Ongoing litigation in India, representing the client who fled India, received political asylum in Germany and now lives in the UK. He has multiple terrorism, arms act and other criminal cases pending in India
• Represented (led junior) a client in the first-ever copy-cat website trial

As well as English, Harpreet can speak Hindi, Punjabi, and Urdu.

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, Harpreet Giani, 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: harpreet.giani@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/