Huw Shepheard

Huw Shepheard undertakes commercial and contractual disputes and public law litigation, advisory work and drafting over a range of practice areas and business sectors. He is a team player who enjoys working with lay and professional clients to identify and resolve problems in a way that is best suited to the client's needs.

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Direct and decisive, Huw is a pragmatist in resolving disputes, prepares cases thoroughly and is an effective senior junior advocate. He prefers to get involved in cases at an early stage to ensure that any negotiation or dispute is managed to the best advantage through the courts or if appropriate, mediation or ADR.

Huw is an experienced advocate at all levels of court and tribunal. A leading barrister, he has presided over a public inquiry in Jersey and has worked overseas, including serving as the Attorney General of a British Overseas Territory. Huw is accredited to accept instructions on a public access basis.

After working as a Magistrates' Clerk for five years, Huw joined the Treasury Solicitor's Department and spent nine years handling a variety of government legal work, including judicial review, specialist prosecutions, Admiralty law, and regulatory practice. Huw then joined the finance industry in Jersey to establish the compliance/AML regime for one of the Island's large Trust Companies (and acted as in-house counsel advising on trust, contractual and tax issues). Subsequently, he worked in funds and investment compliance and as a general business and compliance consultant.

Following a short stint in a local authority handling employment and freedom of information issues as well as more general matters, Huw moved to Bermuda, where he was Crown Counsel/Acting Deputy Solicitor-General. While there, he travelled extensively as a member of the negotiating team seeking Tax Information Exchange Agreements and was a member of the Island's delegation to the OECD Peer Review Group on exchange of information. He also acted as an assessor for the OECD examining the effectiveness of TIEA mechanisms.

Huw then became Attorney General of the Turks and Caicos Islands, having responsibility for advising the Government of the Islands on all legal matters, including the aftermath of the 2009 Auld Commission of Inquiry, planning and development, land issues and the full range of government activity, and for prosecuting offences.

Huw's Experience

Called in 1982

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

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Areas of law

Shareholders’ interests and disputes
Directors' rights and duties
Corporate governance
Development agreements and planning disputes
Local government law (but not social services)
Public law and judicial review
Financial services law and regulation both onshore and offshore
Property
Trusts and Probate
Taxation
Insolvency
Cross-border transactions and disputes
Inquests
Drafting agreements and primary, secondary and tertiary legislation relating to the above

Education

MBA Financial Management, Manchester Business School
Gray’s Inn
LLB (Hons), Aberystwyth University

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, Barry Cawsey, 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: barry.cawsey@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/