Jimmy Ogunshakin

Insolvency law: Jimmy has a track record of successfully arguing before High Court Judges in the Insolvency and Companies Courts in London, in relation to securing interim emergency applications for businesses and companies facing prospects of Winding Up Petitions being made, obtaining variation orders which enable them to continue trading and being able to access their frozen bank accounts, whilst putting together CVAs or other insolvency procedures, or taking steps such as Payment plans, which often lead to a dismissal of creditor petitions against them. In the last 6 months he has successfully obtained over 12 such applications.

Business protection: Advise, drafting and review of commercial agreements to include business sales and purchase agreements, Joint Venture, and Partnership and Shareholder agreements. Drafting Staff Handbooks, review of company policies and procedures, including Intellectual property agreements. Drafting of dispute resolution clauses (Arbitration and Mediation clauses), Advising on agency, employment and franchising contracts, terms and conditions of contract, confidentiality, Restrictive Covenants clauses.

Company and Board Disputes: Drafting constitutional and governance documents, shareholder agreements, acting for claimants and defendants or respondents in director disputes, s994 unfair prejudice claims,  asset freezing injunctive relief and directors disqualification proceedings, shareholder disputes and related chancery proceedings in the High Court, and in the county courts.

International Commercial law: Advice on International commercial and distributorship agreements, commercial agency agreements, drafting arbitration and mediation agreements, enforcement of foreign judgments and arbitral awards

Jimmy has substantial experience in advising and representing individuals and companies in this area. He even had a niche employment law practice from which he serviced public sector and private sector clients for over a decade.

Jimmy's experience in all aspects of employment law stems from his time as a lawyer in the employment and pensions team (a part of the Human Resources Group) of a Top 25 UK Legal 500 International law firm. He was a consultant and an employment tribunal advocate representing a well-known national employment consultancy firm – advising and representing blue chip concerns ranging from SMEs, Owner Managed, and corporates, to FTSE 250 firms in the automotive, banking and commerce, finance,  healthcare sand manufacturing sectors.

He was for a time a member of the Employment Right Unit, then a leading Trade Union law firm from where he represented both trade unions and their members. This has enabled him to appreciate both sides of the argument in any dispute.

Non-contentious and transaction work: Advice on TUPE matters, Undertaking Due Diligence in Mergers & Acquisitions, Advising exit strategies, negotiating terms of Terminations of employment.

Employment litigation: Acting for both claimants and respondents in ET, EAT and or High Court proceedings. Breach of Contract, statutory unfair dismissal claims, Industrial relations law, Injunctive relief, and crossclaims

Jimmy has experience is advising professionally regulated individuals, before professional and regulatory bodies, such as Allied medical bodies and the Baring Agency.

• He has successfully challenged Sanctions decisions of a medical body which resulted in a settlement that led to the withdrawal of a Judicial Review of the committee’s decision.
• He has advised registrants on how to respond to all types of allegations brought by their regulatory bodies. Appearances have included Interim order applications; Fitness to Practice (FTP), Fact finding, Substantive to Sanctions committee hearings before the HCPC, NMC, and CQC regulated Social care and NHSE providers.
• Advice on prospects of successfully appealing committee decisions and attending High Court on Judicial Review of decisions.  
• Reviewing and drafting of applications before regulatory bodies including applications for extensions of time or interim orders.

• Advising local authority clients on civil and commercial litigation matters in relation to commercial property, Housing law in relation to rent and anti-social related possession, housing disrepair and squatter cases in the county courts.
• Obtaining local government (including public nuisance) and injunction orders and contempt of court for breach injunction proceedings in both the County court and the High Court.
• Environmental Protection proceedings before the Magistrates court in relation ss 33 – 36 EPA 1990 (fly tipping, waste management)and statutory and public nuisance arising out of industrial pollution (and other processes) cases under ss 80- 82 EPA 1990..
• Appeals against local government decisions (including Benefits Agency, Council Tax and Homelessness committee decisions under s204 of the Housing Act 1996), and related Breach of the Human Rights Act 1998 (Articles 6 and 8) Judicial Reviews challenges in the High Court.

• Successfully obtaining Validation orders for clients in the Insolvency and Company Courts at the RCJ (High Court), saving viable businesses in financial hardship, with relief that would mean they do not cease trading and to have a good prospect of surviving via CVAs.

• Instructed and continues to receive instructions from a national law firm providing Platinum level panel criminal defence advocacy in the magistrates’ court on numerous road traffic related offences; acting for another national law firm business client in environmental protection matters and in relation to tax fraud offences brought by HMRC via the Crown Prosecution Service, in the magistrates’ court. He appears in the Crown Court in appeals in related matters.

• Advised on the enforceability of a Retention of Title clause in a Distribution Agreement between an International Entertainment company and a UK distributor company putting up guarantee of a Third-Party subsidiary divisional company to the value of £45,000,000.00. The ROT clause was intended to be triggered upon insolvency of the UK distributor company (2020-21).

• Acting for business clients in defending a number of worker status related claims before the ET (2019 -20).

• Advised two separate Foreign Diplomatic Missions taking and acting on instructions from Ambassadors, Deputy Head of Missions, and Consular lawyers in London on the effect UK and EU Labour laws on their staff, Employee status and the relevance on their special status as diplomats of the Immunity laws of England & Wales (2018-20);

• Acted for a Claimant in ADR proceedings intended to avoid protracted litigation in a case agreed between the parties will become disproportionately costly, in a long employment dispute with a major manufacturer of Automobiles involving Unfair Dismissal, harassment and a disability discrimination claim brought under long Relation issues, UK and EU Employment law, Diplomatic Immunity law around the lawfulness of staff dismissals (2018), and successfully representing clients within the haulage and logistics sector in an Import Tax duty dispute against HMRC before the First Tier Tribunal (Tax Chamber) (2018-19);

• Advising an International client from Turkey in the textile sector, in a claim against a clearing bank following the unlawful freezing of the client’s business accounts causing the client to result to aggressive action against the Bank in order to maintain liquidity and viability with creditors insisting on compliance with contractual terms or compensation for breach of purchase orders (2017-18);

• Acted for clients in Mediation to a commercial dispute (Contract), a contentious probate matter involving a challenge of an executor’s duty in the discharge of the deceased’s affairs and the estate and in a claim for £400,000 of commercial revolving loan facility between a lender/investor and an international paint company client, etc. (2017-18)

• Acted for two directors in the defence of breach of employment, confidentiality and restrictive covenant claims brought by their former employer which resulted in litigation both in the High Court (TCC) and on appeal to the Court of Appeal (Civil Division): Coppage & Others v Safetynet Security Ltd [2013] EWCA Civ 1176

• LLM (QMUL), International Dispute Resolution (2023)
• LLM (UOS/RKC Zurich), International Commercial Law (2019)
• Qualified as a Solicitor-Advocate (2013)
• Admission to the Roll of Solicitors (2002) 
• Fellow, Chartered Institute of Legal Executives (1999)
• LLB (Hons) (UCE School of Law Birmingham) (1992)

• Association of Governance Practitioners  (2012)
• The Law Society of England & Wales (1999)
• The Honourable Society of Lincoln’s Inn (1992)

• Chairman, Nehemiah Housing Association (2016 – 19)
• Co-Chair, Recruitment & Nomination, NUCHA & various Non-Executive Directorship roles (2003 - 19)
• Visiting Law lecturer,  PGDip LPC Programme, BCU School of Law - Business Law & Practice, Commercial and Intellectual Property Law & Employment Law (2015 – 19)
• BCU School of Law, Alumnus of the Year (Community Engagement Category) (2014)
• First Trustee & Legal Counsel, MCoC Ltd (Charity) Birmingham (2003 – 2010)

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, Jimmy Ogunshakin, 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: jimmy.ogunshakin@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/