Financial Services
Advising on the construction of the FSMA 2000 and whether it applies to commercial arrangements or activities Advising on whether film investment schemes, property developments and various other arrangements are collective investment schemes within the meaning of the FSMA 2000 Disciplinary proceedings as to whether traders or other financial services authorised persons have breached relevant rules
- Litigation as to whether clients are in breach of the FSMA 2000
- Advising on the marketing and advertising of investments
Advising on the requirement for and content of prospectuses and also the listing rules
- Drafting unit trusts, including for a foreign government
- Drafting shareholder and takeover agreements
- Drafting the rules and regulations for a UK building society
- Drafting all mortgage documentation for one of the main UK banks
Drafting loan agreements for UK companies, including those linked to Swiss financial services law
Memberships & Advisory
Chancery Bar Association Lynne is on the expert panel for LexisNexis Q&A – Private Client and LexisNexis Q&A – Commercial.
Publications
- The original update of Halsbury Laws of England on Injunctions
- Co-editor of “Practice and Procedure in the Chancery Division” (two editions) including the chapters in that book on “Probate” and “Financial Services”
- Writing the original volume of Atkin’s Court Forms – “Financial Services” (and subsequent editions)
- Past volumes of Atkin’s Court Forms include “Contract” and “Charities”
- Current publications include Atkin’s Court Forms on “Accounts”, “Specific Performance”, “Co-ownership”, “Societies and Clubs”, “Markets and Fairs” and “Money”
- Articles include “The Marketing of Financial Services” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review
- Recent articles include a paper for LexisNexis on “The impact of Brexit on Takeovers and Mergers”
- Recent drafting includes the LexisNexis standard form precedents for “Notice of Force Majeure” and “Notice of Frustration”, dealing with Covid 19
Awards
2017 Corporate International Global “Investment Contracts Barrister of the Year in England”
Chancery
Drafting and conducting proceedings for interim and final accounts in both Chancery and commercial matters
- Applications involving the appointment and removal of executors
- Advising on probate procedure
Litigation in respect of mutual wills, including the case of Charles v Fraser [2010] EWHC 2154 (Ch) Applications under the Variation of Trusts Act 1958 Trust and will disputes, including the interpretation of instruments and the duties of trustees/personal representatives Litigation of Inheritance Act claims Advising on the procedure and duties in respect of lasting powers of attorney
- Advising and applications in respect of the Mental Capacity Act 2005
- Drafting wills, trusts and related documents
- Drafting Partnership deeds
Privacy Notice
This privacy notice explains how, why and for how long Lynne Counsell will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If Lynne has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean Lynne can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with Lynne
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.