Philip Hackett KC

Many of Philip Hackett’s commercial cases involve controversial issues and he has advised and acted in confidential mediations in many matters. He has acted in arbitrations in numerous industries including insurance and pharmaceutical disputes and always has a keen eye for the potential for alternative dispute resolution.

His experience has enabled him to assist in facilitating dispute resolution in African jurisdictions where litigation maybe lengthy and uncertain in particular he has facilitated confidential dispute resolution on behalf of Chinese clients commercial disputes with foreign parties, enabling the commercial relationship to be preserved.

He is a board member of the Swiss Chinese Law Association, lecturing and advising on alternative dispute resolution in particular. He is also a board member of the Geneva International Dispute Resolution Institute and a member of the International Advisory Board of the African Mediation Association.

He is a member and approved arbitrator of a number of distinguished Chinese arbitration associations and regularly lectures on international dispute resolution.

Philip Hackett KC advises on trade and regulatory matters relating to the UK and the EU, in particular, on obtaining appropriate licenses for import/export including dual purpose material.

He has extensive experience in international sanctions regulation and enforcement and has advised internationally on compliance and the importance of breaches as well as in many investigations and enforcement actions.

He specialises in training and advice to ensure appropriate compliance with national and international regulations on the control of bribery, corruption and money-laundering and has acted in relation to numerous international regulatory investigations and allegations of breach.

For over 25 years Philip Hackett KC has acted and advised in relation to many of the most significant commercial fraud cases in the English courts. He has also been instructed in many cases with international aspects.

In civil commercial fraud matters he has acted for both claimants and defendants, with many cases having cross border aspects and consequently involving enforcement orders, freezing orders and obtaining evidence from and on behalf of foreign jurisdictions.

In respect of regulatory and criminal matters he has represented corporations and individuals in cases brought by the SFO and other English regulators. He has considerable experience in challenging warrants, search and production orders.

Philip Hackett KC specialises in bringing and defending cases and complaints before the Financial Conduct Authority and the Financial Ombudsman, having successfully brought or defended cases seeking compensation from Banks, other financial institutions, accountants and investment advisors. He has acted for corporations and corporate officers in responding to investigations and complaints by regulatory authorities. He also provides training in and drafting of compliance procedures to enable financial institutions to monitor and mitigate risks and defend cases based upon allegations of inadequate procedures.

Advising UK accountant on UK corruption and money laundering investigation in connection with operations in Angola.

Advising family of foreign government minister on UK criminal proceeds investigation.

Advising substantial Chinese telecoms company on dispute with leading European football club about terms and performance of sponsorship agreement following sale of leading player.

Advising substantial Chinese electronics company in the caseation is with European employees and unions as to EU GDPR governance of sensitive employee information.

Advising Chinese telecoms company on misuse of its intellectual property in various African states.

Advising Indian bank on action against customers over fraudulent avoidance of personal guarantees.

Advising African government on setting aside arbitral award on grounds that it was obtained by fraud.

Advising African government on recovery of assets from foreign jurisdictions following fraud by public servants

Advising senior African government minister and respective claims of bribery and corruption made against them by UK government.

Representing director of international chemical company on allegations of bribery in the far eastern country.

Advising personal guarantor on setting aside arbitral award on the grounds of fraud and nondisclosure and resisting enforcement action of arbitral award in England..

Advising on freezing orders, disclosure orders at Norwich Pharmacal applications in support of legal actions in various international jurisdictions.

Advising SOE Chinese insurer on action against European agent alleging fraud and breach of duty.

Advising SOE Chinese bank in response to customers claims for regulatory compensation following push frauds in England.

Representing individual Chinese clients on setting a side bank account freezing orders and search warrants obtained by UK regulatory authorities on allegations of money laundering.

Advising European corporation on enforcement action in Hong Kong SAR.

Advising Chinese corporation on operation of Ukraine sanctions in relation to Russia trading

Advising Chinese investors on corporate fraud in Lithuania

Advising Bermudian re insurer on allegations of fraud by primary insurer.

Advising Caribbean law firm on allegations involving corruption

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, Philip Hackett, 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: philip.hackett@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/