Owen Smith

Owen's private law family (children) practice involves the following areas:

• Child Arrangement Orders
• Prohibited Steps Order
• Specific Issue Order
• Enforcement Applications
• Section 1 Applications under the Children Act 1989
• Breach Allegations

• Financial matters including large and complex regulatory matters
• Represented Deutsche Bank in relation to investigations by the US Department of Justice (DOJ) and BaFIN, the financial regulatory authority for Germany into Libor and Forex markets manipulation
• Advised Barclays and Citi Bank in relation to repapering of their derivative contracts following the introduction of Mifid II
• Actively involved in repapering, including negotiating new agreements with counterparties, in particular the more complex or difficult counterparties
• Instructed to advise HSBC in relation to a complex regulatory matter which related to the most high profile and largest of the bank's clients, as well as the active supervision by the FCA and PRA of the steps taken by the bank
• Familiar with all aspects of funds legal matters, having previously worked on placement at DWS, one of the largest fund managers in the world 
• Represented Lloyds Bank in relation to a large caseload of retail banking litigation matters with a particular focus on claims under s140A Consumer Credit Act 1974
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• Shareholder disputes 
• Directors' duties
• Non-disclosure agreements
• Non-compete clauses

• Fellow Royal Society of Arts
• MENSA
• Honourable Society of Middle Temple

• Deans List Academic Achievement Award, Harvard University
• Jules Thorn Scholarship, Middle Temple
• Sussex Scholarship Winner, University of Sussex 

• Master of Liberal Arts, Management, Harvard University
• Postgraduate Certificate in Strategic Management, Harvard University Extension School
• Postgraduate Diploma in Law (BPTC), City, University of London
• LLB, University of Sussex

• Lead legal advisor for the London Fire and Emergency Planning Authority (LFEPA) in their prosecution of Southwark Council for the Lakanal House fire in 2009 which led to 6 deaths. Prosecution was for breaches of the Regulatory Reform (Fire Safety) Order 2005, for which they ultimately admitted liability. As a consequence, Southwark Council was fined £200,000 and paying costs of £370,000.
• Engaged on placement at the Serious Fraud Office (SFO), on a large and complex bribery and corruption case (SFO v Rolls-Royce Plc); a domestic and overseas joint investigation brought under pre-Bribery Act charges. This involved investigation and prosecution of offences including conspiracy to corrupt, false accounting and failure to prevent bribery. The conduct spanned three decades and involved Rolls-Royce’s Civil Aerospace and Defence Aerospace businesses and its former Energy business and related to the sale of aero engines, energy systems and related services. The result of the investigation was a Deferred Prosecution Agreement (DPA), believed to be the first of it's kind in the UK. The conduct covered by the DPA took place across seven jurisdictions including Indonesia, Thailand, India, Russia, Nigeria, China and Malaysia and resulted in Rolls Royce agreeing to pay £497.25 million in fines plus the SFO prosecution costs of £13 million.

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, Owen Smith, 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: owen.smith@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/