Lawrence Jacobson

Lawrence accepts instructions across all disciplines for professional liability and regulatory matters. He was formerly a panel member and chairman of Professional Regulatory Tribunals/ Disciplinary Committees and has produced written decisions.

Lawrence has represented clients before the following Disciplinary Tribunals:

• The Association of Chartered Certified Accountants (ACCA)
• The Solicitors

Previous cases include proceedings/potential proceedings against:

• Auctioneers and solicitors, for breach of retainer
• A contract administrator, for the negligent management of a reinstatement project
• The former solicitors of a client, based on the negligence of two consecutive firms of solicitors

Other previous cases include:

• Advising a Local Education Authority (LEA) on its obligations to the maintained schools in its area in the event that the LEA should suffer catastrophic financial loss arising out of the collapse of one or more banks or deposit-holding financial institutions
• Acting for and advising the LSC on appeals by formerly legally assisted parties
• Acting on behalf of the LSC in its claims against former legally assisted parties

• The Midland Circuit
• The Commercial Bar Association (Committee Member of the Africa Group, July 2007-2008)
• The Professional Negligence Bar Association
• Pegasus - The Bar Saddle Club

• A panel member of the London Area Funding Review Committee and then an Independent Adjudicator appointed by the LSC, 1997 - 2011
• A panel member of the Inns of Court’s Summary and Disciplinary Tribunals 2003 - 2013
• A panel member of the Visitors to the Inns of Court appointed by the Lord Chief Justice 2008 - 2013
• Nominated by the Bar Council to sit on a panel of Legally Qualified Chairmen of a Disciplinary Tribunal established by the Council for the Registration of Forensic Practitioners UK. (CRFP), 2004
• Chairman of the standing Disciplinary Committee of the CRFP 2004-2009 until the CRFP was wound up on the assumption of direct Government control
• Governor of a preparatory school for 13 years. Resigned December 2015 
• Trustee of the Unity of Faiths Foundation also known as Football for Unity, Resigned in 2018
• General Counsel, on behalf of Zaiwalla & Co Ltd, for the MOBO Trust, 2019 – 2020
• Selected as a Volunteer Arbitrator at the LSE-LCIA Vis Pre-Moot 8 March 2020
• Shortlisted for the Lawyer Monthly Legal Awards 2015 in the category: Commercial Disputes Barrister of the Year – UK
• Winner of the Finance Monthly Law Awards 2017 in the category: Commercial Disputes Barrister of the Year – UK
• Winner of the Finance Monthly Global Awards 2017 in the category: Commercial Disputes Barrister of the Year – UK

• ‘Separate ways’ – (an alternative view to Lord Millett’s analysis in Hurst v Bryk) published in The Solicitors Journal, 18.10.11, pp14 and 15. This article was considered by a Judge in the Chancery Division in the case of Goldstein v Bishop [2013]
• An Analysis on whether the Contractual Doctrine causes dissolution of a Partnership at Will, written together with Saurabh Bhagotra and published in The Lex Witness magazine (India), vol.6, Issue 7, February 2015, p33;
• Commercial Disputes, published in The Lawyer monthly, Issue 59-15, 28.4.15 and Issue 69-16, 26.1.16
• Permission to appeal to the Court of Appeal under the Arbitration Act 1996 published in the Solicitors Journal 15.3.16, pp32 and 33 and
• “Finality is a good thing, justice is better.” – A critique of the judgment in Samara v MBI & Partners UK Ltd [2016] EWHC 441 (QB) published in India Link International, December 2016-January 2017, vol.23, No.6, pp50 and 51.
• ‘Is Cryptocurrency Property?’ Published in All About Shipping on 4 May 2020 and Information Security Buzz on 6 May 2020

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, Lawrence Jacobson, 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: lawrence.jacobson@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/