Paul
Shenton

Paul deals with cases for both landlords and tenants to provide cost-effective solutions in housing disrepair matters. He also has a detailed understanding of the complexities involved in the field of CWI cases and a life-long interest in property-related matters, as his father was an architect.

As Direct Access Counsel, Paul can be instructed directly by the client or via the instructed solicitors. Direct instruction is often favoured by international clients. Clients previously assisted include those from: Australia, USA, Gibraltar, Nigeria, South Africa and the BVI.

Costs Management - Attending CMC and CCMC hearings. Advising and assisting clients with Precedents H, R and T.

Points of Dispute and Replies – Drafting and advising on these key documents in the detailed assessment process. Often prepared/considered in conjunction with Part 36 Offers.

Bills of Costs - Advice on the scope and interpretation of Costs Orders and the consequential impact on the preparation of a Precedent S Bill of Costs.

Solicitor own client disputes - remains a growing area of dispute following the Court of Appeal decision in Belsner v Cam Legal Services Limited [2022] EWCA Civ 1387. Many issues remain unresolved in respect of the Solicitors Act 1974.

Advice/Negotiations – often an independent third party can be vital in the resolution of complex issues and disputes.

• Costs Mediations
• Costs and/or commercial litigation disputes training sessions for solicitor clients and organisations.

Commercial Litigation work by definition, leads to an interesting variety of work for Advocacy and Advice – these include by way of example: Business disputes, Property disputes, Inheritance disputes, Tax litigation, Group Litigation, Professional Negligence claims and Debt disputes.

• These cases are listed to demonstrate the range and extent of expertise obtained in over 30 years of experience:
• BBL v Eagle Star & Others [1995] 2 All ER 769

– acted for 2 of the 6 Claimant Lenders in the Court of Appeal. These group of cases went onto the Supreme Court and were known as the SAAMCO Appeals [1997] AC 191. Still one of the lead cases on the quantification of damages in professional negligence cases.

• NHL v Giffen Couch & Archer [1997] EWCA Civ 1893
• – acted for the Claimant Lender in a solicitor’s negligence test case.
• Barclay’s Bank v Weeks Legg & Dean [1998] EWCA Civ 868

– acted for the Bank in 2 of the 3 Appeals, dealing with the Bank’s standard form of Undertaking with Solicitors.

• Griffiths v Solutia UK Limited [2001] EWCA Civ 736

– acted for the Chemical company Defendant in a dispute over the lay Claimants from North Wales instructing a London firm of solicitors.

• Inline Logistics v UCI Logistics Limited [2002] EWHC 9021 (costs)

– Paul represented the successful Defendant in recovering the costs of their commercial ATE policy, obtained during the transitional provisions prior to the introduction of the CPR.

• NG Bailey v Amec Design & Management Limited [2003] EWHC 9012

– case considered the ambit of disclosure of documents during a substantial multi-million pound detailed assessment hearing in the SCCO.

• Dennis Rye v Liquidators of Ashfield Nominees [2005] EWHC 1189 (Ch)
• – High Court Appeal case concerning the recoverability of legal costs in liquidation proceedings.
• JN Dairies v Jodal Dairies [2011] EWHC 90211

– acted for Burgess Salmon in a long running dispute as to the efficacy of retrospective conditional fee agreements.

• Daad Sharab v Prince Alwaleed Bin Talal [2013] EWHC 2324

– costs dispute arising out of the sale of an aeroplane to Colonel Gaddafi for a $10 million broker’s commission.

• Wilson’s Solicitors v Bentine and SRB v JCL [2015] EWCA Civ 1168

– the first time in over 100 years that the Court of Appeal had looked at the impact and application of the 80% rule and special circumstances in the recoverability of costs in solicitor own-client disputes.

• Peterborough & Stamford Hospitals NHS Trust v McMenemy [2017] EWCA Civ 1941

– Court of Appeal case, acted for the ATE Insurer Arag, who were successful in respect of the recoverability of their ATE Insurance premiums in clinical negligence cases and how their premiums had been calculated.

Belsner v Cam Legal Services – The Case Of The Year Already?

Costs Management Providing strategic advice and advocacy at case management hearings as required, Paul can deal with both the directions and the connected costs-related issues. This, in financial terms, can often be the most important hearing in the case.

Third-Party Funding Working with numerous law firms and funders, Paul has acted in this rapidly developing area of costs and funding for over 15 years. With the developing field of DBAs and a risk-sharing approach to litigation, this is an important field to both win and finance litigation cases.

Paul deals particularly with claims against surveyors and solicitors. He was involved in many of the leading cases that led to the Supreme Court’s decision in SAAMCO and the Court of Appeal in BBL v Eagle Star.

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,
   • Paul Shenton
   • , 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: paul.shenton@thebarristergroup.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/