Nicholas Berry

Land Law Conveyancing & Title Investigation

• Advising on title for transfers of early Anglican and C of E Schools in Somerset and Devon under the Education Acts.
• Advising on title and challenges to redevelopments in substantial commercial operations in the West Country such as the centres of market towns with previous uses.
• Advising and drafting on overage clauses for commercial and residential properties and transfers of all or part of registered and previously unregistered property. I lecture in some of these areas and have done so for many years eg on the LRA 2002.
• Advising and drafting on planning restrictions, Section 106 Conditions and restrictive covenants including applications to the Upper Tribunal Lands Chamber etc.
• Advising on title and easements in respect of waterways and rivers.
• Advising and acting for local authorities and private individuals in adverse possession cases.
• Advising on access and statutory issues arising from the installation of power lines and on transmitting stations for major internet and mobile telephone providers.

Boundary, easements and other land rights:

• Rights of way, easements of all descriptions, highways, drainage issues, fishing and water rights
• Advising public providers on issues arising under the Telecommunication Acts, wayleaves and power installations
• Advising on restrictive and positive covenants affecting land

Planning Law:

• Representing private persons and companies, parish councils and local authorities in many substantial public inquiries as well as in planning appeals on specific matters
• Advising on planning issues in respect of disputed land rights, planned developments and commercial enterprises

Trust Law:

• Settling TR1’s and TP1s for complex transfers of land
• Advising and drafting in complex trust cases both in the UK and international trusts.
• Nicholas usually works with tax advisers and solicitors in this field.

Apart from the run-of-the-mill cases on UK and foreign jurisdiction, Nicholas has recently acted as follows;

• Nicholas was recently successful in acting for international partners in a substantial case involving Nigerian, Italian and offshore petroleum companies in dispute on the meaning of their SHAs and security documents and registered in Panama, Jersey, the Bahamas and numerous other localities and offshore companies. The control and beneficial ownership of the shares was in the region of $7 billion.
  
  
• He practices in commercial cases in arbitration and mediation both in the UK and in Geneva.

Mainly commercial landlord and tenant drafting and advising on leases for both landlords and tenants, disputes arising under the LTA 1984, dilapidations, lease enfranchisement and extensions, as well as:

• Tripartite leases for management companies.
• Specimen residential leases for large scale flat developments in Outer London (57 leases and common parts access and parking areas).

• Drafting Shareholder’s Agreements and Articles for long term enterprises and SPVs including setting up and advising on company restructuring and subsidiaries
• Drafting and advising on charges and security documents for startup and existing companies.
• Advising on director’s powers and duties under Company legislation and on minority interests
• Drafting Partnership deeds and advising on disputes, dissolution and termination
• Advising on bankruptcy and insolvency.
• Setting up company structures for holding companies and individuals to promote company control and tax efficiency. Nicholas usually work with accountants in this field.

• For agreement on 1954 Act lease renewals
• For subletting on commercial properties including large interests in Inner London and on industrial estates.

Nicholas has acted in successful and substantial cases relating to developments in towns where challenges arose from businesses and the public. This has developed from the major planning disputes where he regularly represented all West Country County Councils in large developments to towns.

• Drafting wills and Trust of Land deeds and settlements
• Advising on the interpretation of wills, tax implications (in complex cases in conjunction with an accountant or tax planner) and on care home charges and powers of attorney
• Advising on trustee’s powers and duties and beneficial interests
• Contentious probate; challenging wills including capacity and undue influence grounds and Court of Protection issues

Intellectual property (e.g., copyright and database law not including patents) is a significant part of Nicholas' practice. The internet has spawned a large number of disputes about ownership rights of the names, ideas, produce, assets and advertising of people and their businesses online with increasingly multi-national dimensions.

Nicholas has experience:

• Advising and drafting restraint of trade clauses and IP protection for various companies.
• Drafting and advising IT Guidelines for police authorities.
• Advising Local Authorities on IT issues arising from broadcasting information on the internet and related defamation issues.
• Drafting shareholders Agreements for an international IT company.

Advising on all types of construction disputes on large and small developments.

Advising multinational persons and companies in pursuing claims relating to assets and disputes both here and abroad including settlements and trusts of property and businesses in Hong Kong, India, offshore trusts, Italy, France, Switzerland and Germany.

Nicholas has dealt with the ever-rising tide of defamation claims as a result of online activities by rivals in business, love, and religion.

Nicholas maintains the utmost privacy and confidentiality when dealing with these issues for all types of clients.

• TLTAs ; Nicholas has done this work since he was called and has seen all of the changes and developments. Mostly this has been contested cases but he has drafted Trust Deeds and is involved in several substantial cases currently. (Details to follow with permission of client).
• Another substantial area of Nicholas' work is in Defamation and he is presently engaged in a fairly high   profile case (details to follow on client’s permission) and has practiced in this area for 25 years.

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, Nicholas Berry, 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: nicholas.berry@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/