Raoul Downey

Raoul has extensive experience in all forms of employment law, including contractual issues, unfair and wrongful dismissal claims, redundancy, restrictive covenants and confidential information, discrimination, TUPE, trade unions and pensions.

Raoul undertakes both contentious and non-contentious chancery and commercial work with particular expertise in company, landlord and tenant and property law, and customs duties.

Raoul has been involved in a wide variety of professional negligence claims, including claims against solicitors, surveyors and valuers, accountants, brokers and medical professionals. He also has represented professionals before various disciplinary tribunals. Raoul has experience of group litigation, having been involved in the HIV Haemophilia Litigation in the early 1990s.

It has been noted judicially that Raoul “clearly has a very considerable knowledge and experience” of matters relating to the powers of costs judges and costs (per Drake J in Skuse v Granada [1994] 1 WLR 1156). He has experience in both contentious and non-contentious costs matters and in the Supreme Court Costs Office.

Employment Law

• Sud v London Borough of Ealing [2013] EWCA Civ 949 [2013] ICR D39 – Employment Appeal Tribunal Procedure – Whether decision not to remit appeal back to Employment Tribunal was correct – Tribunal Costs
• Jurkowska v HLMAD Ltd [2008] EWCA Civ 231 [2008] ICR 841 – Appeal Time Limits – Extension of time
• Anglian Windows v The GMB [2007] EWHC 917 (QB) – Interlocutory Injunction, Strike Action, Ballots and workplaces.
• Fraser v HLMAD Ltd [2007] 1 All ER 383, [2006] ICR 1395 – Res Judicata and Employment Tribunals. Whether a decision of tribunal on a breach of contract claim precludes a further action for the excess over the tribunal’s jurisdiction.
• Smith v Kent County Council [2004] EWHC 412 (QB) – Deduction from Wages – School Teacher – Strike Action – Burgundy Book conditions
• Green v Governing Body of Victoria Road Primary School [2004] 2 All ER 763, [2004] ICR 684 – Education, Proper respondent to a claim for unfair dismissal.
• Celtec Ltd v Astley HL (10 November 2003) – Reference to ECJ – Civil Service Continuity of Employment – Secondment to TECs – Transfer of Undertakings
• Doshoki v Draeger Ltd [2002] IRLR 340 – Race Discrimination – Compensation for injury to feelings
• Kent & Medway Towns Fire Authority v Pensions Ombudsman [2001] OPLR 357 – Firefighters’ Pension Scheme – whether a payment in lieu of annual leave is included as “pensionable pay”
• Interlink Express Parcels Ltd v Night Trunkers Ltd [2001] RTR 23 - Road Haulage, whether drivers supplied by third party were temporary employees. Contract, Road Haulage, Use of goods vehicles by drivers employed by defendant on claimant's business, S.2 Goods Vehicles (Licensing of Operators) Act 1995 - Whether drivers "temporary employees" of claimant - whether use illegal - whether contract for supply of drivers void for illegality.
• Van Erp v Adax (Europe) Ltd [1998] EWCA Civ 93 – Employment Contract, Entitlement to commission
• Wood v Coverage Care Ltd [1996] IRLR 264 – Unfair Dismissal, Spent Convictions Rehabilitation of Offenders Act 1974.

Chancery and Commercial Law

• Brewer v Mann & Other [2012] EWCA Civ 246 – Sale of Goods and Hire Purchase, Rejection of Goods, Warranties by dealer, Bailment by Description – Adequacy of Judges Reasons
• Tankaria v Morgan [2005] EWHC 3282 (Ch) – Contempt of Court – Committal Application - Solicitor – failure to disclose and deliver up documents
• Arnold v Harvey [2004] EWHC 3035 (QB) – Estate Agency- Construction of Share Sale Agreement – Application for interim injunction to restrain alleged breaches of Agreement
• Dastagir v Khan [2004] EWHC 1302 (QB) – Company Law – Claim for monies due on sale of shares
• London Borough of Haringey v Ball and others (HHJ Roger Cooke) 6 December 2004 – Landlord and Tenant – Local Authority Landlord - Service Charges – test cases
• Woolwich v Twenty Twenty Productions Ltd [2003] All ER (D) 211 - Companies - Unfair prejudice to members - Exclusion of member from management of TV production company - Refusal by other members to purchase shares.
• James Robinson Fibres Ltd v Customs and Excise Commissioners [2003] V & DR 1 - Post Clearance Recovery of Customs Duties
• Eurofi Ltd v Teletech Ltd [2000] EWCA Civ 245 – Commission payable on a contingency, Construction of Consultancy Agreements – Regional Development Grants
• Overseas Medical Supplies Ltd v Orient Transport Services Ltd  [1999] 2 Lloyd’s Rep 273- Insurance, International Carriage, BIFA Conditions, Unfair Contract Terms Act 1977 - whether Clauses 13(B) and 29(A) of BIFA Conditions were unreasonable limitations of liability for freight forwarding agent's failure to insure goods.
• Paperlight Ltd & Others v Swinton Group Limited [1998] CLC 1667 - Franchise Contract, Renewal rights - Notice required by a franchisor before withdrawal from franchise business. 
• Commissioners of Customs & Excise v Cedar Health Ltd [1998] All ER (D) 230 - Customs and excise - Duties - Meaning of 'medicament' in Combined Nomenclature of the Common Customs Tariff - Whether product a 'medicament' only if it had an effect on the precise functions of the human organism - Council Regulation (EEC) 2658/87.
• Commissioners of Customs & Excise v Invicta Poultry Ltd  [1998] 3 CMLR 70 - Post Clearance Recovery of Customs Duties, Article 220(2)(B) of Council Regulation (EEC) No. 2913/92
• Hughes v Cork [1994] EGCS 25 CA - Adverse Possession, whether possessor's belief that he was true owner meant that the possession was not adverse
• Millar v Bassey [1994] EMLR 44 - Striking-out, Wrongful Interference with trade or business, intention of alleged tortfeasor, RSC 0.18 r.19

Other notable cases include:

• Miller & Fletcher v Levy Gee (1998) – Investment Advice by Accountants to well-known pop star and record producer to become Lloyd’s Names – Lloyd’s of London  - Payment into Court – Time for acceptance.
• AMF v Hashim (1993) – appeared as Junior Counsel at trial of AMF’s claims of fraud and breach of fiduciary duty against Dr Hashim and other defendants whilst running AMF. Included claims for equitable remedies in rem and issues of conflict of laws.

Professional Negligence

• Miller & Fletcher v Levy Gee (1998) – Accountant’s negligence – Investment Advice
• Bristol & West Building Society v Evans Bullock & Co (1995)  - Solicitor’s negligence – Conveyancing – Mortgages - Costs

Costs

• Sud v London Borough of Ealing [2013] EWCA Civ 949 [2013] 5 Costs LR 777 – Employment Tribunal Orders for Costs
• Lyreco v Martin [2009] EWHC 2105 (QB) [2009] All ER (D) 142 - Costs - Order for costs - Discretion - Claimant succeeding in proceedings against first two defendants but not against third - Claimant not responding to third defendant's indication of willingness to negotiate reasonable settlement - Whether facts justifying departure from normal rule as to costs - CPR 44.3
• Wiggins v Richard Read Transport Limited (CA) The Times 14 January 1999 - Costs - Order against non-party - Natural Justice 
• Mainwaring v Goldtech Investments Limited (CA) The Times February 19, 1991 - Solicitor's personal liability for costs, Use of Privileged and Confidential Documents, RSC O.24 r.14A

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, Raoul Downey, 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: raoul.downey@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/