Ian
Skeate

• Disciplinary hearings or registration problems in all areas but especially the GMC/GDC/NMC
• Fitness-to-practice issues

QADER & OTHERS V ESURE SERVICES LIMITED [2015] EWHC B18 (TCC) (Current citation is wrong as this was an appeal in the County Court).

Appeal as to whether Fixed Recoverable Costs apply to multi-track cases that started in the MOJ low value portal.

Dr. G v GMC 2015 Dr. G, a foreign qualified doctor, had successfully completed IElLTS, PLAB 1 & 2 and applied for provisional registration with the GMC prior to starting her Foundation Year. However, she had been given a conditional discharge on 4 counts of falsely obtaining benefits under s.112 of the Social Security Administration Act 1992. Despite there being considerable mitigating circumstances and her declaring this on her application the GMC refused her application on the grounds that her fitness to practice was impaired. Ian handled all aspects of the appeal and successfully argued that the conditional discharges were not 'convictions' thus fatally undermining the Assistant Registrar's decision. The GMC re-considered the decision without the need for an appeal hearing and granted Dr G provisional registration without conditions.

R (on the application of JOANNA TRAFFORD) V BLACKPOOL BOROUGH COUNCIL [2014] EWHC 85 (Admin) A local authority's decision not to renew the lease of premises occupied by a firm of solicitors which represented claimants bringing claims against the local authority was vitiated by the improper exercise of discretion. The decision had not been based on a rational assessment of the relevant considerations, but had been motivated solely by retaliation against the tenant for perceived damage to the local authority's financial interests.

BOWYER V KELLOGG BROWN & ROOT (UK) LIMITED (2014) (Unreported) High value PTSD case for a civilian electrical contractor embedded with the British Army in Iraq. Issues included the application or otherwise of the Compensation Act 2006 as well as complex issues of duty of care for stress at work involving the interaction between the military and specialised sub-contractors in a war zone environment.

Henry v Liverpool CC (2014) (Unreported) A further case where the Defendant's reliance on the Compensation Act 2006 to avoid a duty of care was successfully rebutted. A school was held liable for failing to supervise a disabled pupil at a para-athlete event resulting in personal injury.

Bombis & others v Schiff, Waddicor and Allianz, 2014 Preston County Court: 3 day trial of the same Claimant involved in 2 separate car crashes, each defended on the basis of fraud – each Defendant independently of the other claimed deliberate slam on and queried the identity of the Claimants alleging phantom passengers. Both claims fully successful and all allegations of fraud dismissed.

CHURCHILL CAR INSURANCE v VICTOR KELLY [2007] EWHC 18 (QB) Guidance on the effect on legitimate heads of claim of putting forward some dishonest heads.

Counsel to GNER in the Selby Rail Disaster Inquest 2002.

• PIBA
• PNBA
• ELBA
• Northern Circuit Medical Law Association

A very experienced trial and appeals barrister with a busy fast track and multi-track practice in both the County Court and High Court ranging from £10,000 to £10,0000.

Advising on all aspects of Property Business including: Boundary disputes, Party Wall Disputes, Rights of Way, Beneficial Ownership including constructive and resulting trusts as well as proprietary estoppel.

Contested Wills Housing disrepair claims including private landlords as well as dilapidation cases and cavity wall claims.

• L&T Residential and Commercial Leases including all aspects of possession proceedings.
• Insurance Claims

Recent cases include acting and advising on insurance claims where the insurer has rejected the claims alleging fraud and / or material non-disclosure or misleading information on a claim of £10,000,000, 2 successful Appeals from Housing Disrepair claims, acting in a contested wills case involving a claim for a pre-existing beneficial interest in the family property.

Industrial disease, ranging from asbestos-related claims to deafness and VWF/HAVS claims Road traffic accidents, including claims involving the MIB and Article 75 and the Domestic Regulations with particular experience in credit hire and fraud cases from both sides of such litigation

• Accident at work claims
• Employers' liability, professional liability and occupiers' liability claims

• Unfair dismissals and redundancy, including jurisdictional points and all forms of discrimination
• Particular experience in disability discrimination
• Regular appearances in the EAT
• Appeals, where not acting at first instance

Ian believes that many advocates tend to settle employment cases too readily on the day of the final hearing and, whilst settlement can often be the best outcome for the client, a better settlement or result can often ensue if a robust line is taken at the hearing.

• Validity of retainers
• CFA’s
• Detailed assessments
• Appeals on costs matters including wasted costs and split costs orders

Ian is very happy to represent clients in the SCCO in London and he produces a regular ‘Costs Bulletin’, as well as regularly lecturing and advising on the subject. Having costs expertise gives Ian an edge in his general trial work when costs are summarily assessed and can make a great deal of difference to the net end result for both lay clients and solicitors.

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, Ian Skeate, 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: ian.skeate@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/