Philip Hodder

Philip is a civil barrister (Bargyfreithiwr) and mediator (cyfryngwr) who was called to the bar in 2005 after a successful career as a solicitor in South Wales. He was a member of the Law Society Personal Injury panel from 1998 until 2005 on his transfer to the bar. He is based near Abergavenny in South Wales but has a nationwide practice. As a former Law Society-appointed monitor of training contracts, Philip has a keen interest in the practical training of all professionals.

With a proactive and reasoned approach to cases, Philip communicates in plain language, is commercially astute and advances sensible solutions to complex issues.

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Philip's Experience

Called in 2005

Barristers in England and Wales are regulated by the Bar Standards Board

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Personal Injury

Throughout his career, Philip has advised and represented clients in various personal injury cases.

Philip covers:

• Road traffic / motor claims with fraud and contrived accidents (including motorcycle claims)
• Employer’s liability/Health and safety
• Highways Act matters
• Fast and multi-track trials

Professional & Clinical Negligence

Professional negligence in property transactions
Personal injury actions for failure to issue within the limitation period and the undervalue of the claim
Matrimonial ancillary relief cases
Clinical negligence pursuing actions against GPs, surgeons and NHS trusts for negligent diagnosis, prognosis of conditions and negligent surgery

Costs

Philip is regularly instructed in high-value costs cases for both paying and receiving parties, from attending detailed assessments and preliminary issue hearings to oral hearings and appeals. He frequently appears before regional costs judges and before Masters in the Senior Court Costs Office.

Inquests

Philip has appeared before coroners sitting alone and with a jury in cases including:

Fatal RTAs
Death in a care home
Fatal accidents in outdoor activities
Fatalities in the workplace/construction sites
Fatalities in hospital/treatment
Suicides from mental health issues

Case Profile

Barr -v- Frimley Health NHS Foundation Trust

This involved a clinical negligence claim, where a ‘never event’ occurred during surgery. The Claimant’s solicitors entered into a CFA and incepted an ATE policy to cover liability and causation experts reports, with a view that the costs of the ATE policy premium would be recoverable under SI 2013 No.739. Defendant’s counsel, Philip Hodder, raised issues at the oral assessment that it was unreasonable for the Claimant to enter into such an ATE policy at the stage it was incepted and therefore the Defendant paying party should not be burdened with the costs of the ATE. DJ Phillips found in favour of the paying party. Philip Hodder was instructed by Acumension Ltd for the Defendant.

Malone -v- Birmingham Community NHS Trust

Philip Hodder was responsible for the original claim before DJ Marshall Phillips when Claimant's costs were struck out. The attached ruling relates to a second Appeal which was also struck out. He was again instructed by Acumension Ltd.

Privacy Policy

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 Hodder, 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.hodder@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/

Philip's Testimonials

Unlike many Counsel we have encountered, Philip Hodder was willing to speak with our client, keep us appraised throughout and generally go the extra mile. We've been impressed with his level of service and will most certainly be using him again.

Prinz Nagalingam

PI Costing PLC

Client contacted me and advised Philip Hodder was brilliant. Fantastic result and I am very pleased. Thank you for all your hard work.

Anjum Riaz

Minster Law

A deep and pervasive feeling of joy pervades the practice this morning - always a doubtful matter - now resolved much to Philip's credit.

John Scott

Dylan Nair Solicitors