Stephen represents claimants, including a director of multinational company, and respondents, in the ET, EAT and High Court. He has particular experience in the teaching sector for both teachers and schools. He has also represented a PCS Union official at a 10 day hearing for unfair dismissal.
Stephen has experience in the High Court of injunctions dealing with confidential information, team moves, restrictive covenants and computer imaging orders. He is highly IT literate and was a Certified Cyber Forensics Professional EU, making him well placed to deal with fraud or breaches of confidentiality by employees and eDiscovery.
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Barristers in England and Wales are regulated by the Bar Standards Board
Employment Tribunal/EAT
Unfair dismissal
Discrimination
Whistleblowing
Redundancy
Psychiatric personal injury resulting from harassment involving cross examination of expert witnesses
High Court
Restrictive covenants including injunctions
Confidential information and intellectual property including computer imaging orders and injunctions
Team Moves
Stephen’s commercial and technical background, coupled with his previous crime practice, mean he is well-placed to deal with commercial fraud, eDiscovery and cases involving confidentiality and privilege.
Within Stephen’s broad property practice, he also has experience of cases involving sham trusts and deeds, professional negligence in property transactions, and estate agent fees and duties. He deals with all aspects of Property law — from leases to adverse possession, trespass, boundary disputes and restrictive covenants — and also has experience of introducers’ commission on finance for residential property development.
Property Law
Stephen deals with all aspects of Property law from leases to adverse possession, trespass, boundary disputes and restrictive covenants. He also has experience of introducers’ commission on finance for residential property development.
He has experience of service charge disputes, for both landlords and residents as well as Trusts of Land and Appointment Trustees Act 1996 (TOLATA) disputes.
Stephen also acts in Estate Agents cases in respect of commission disputes, both for agents and for principals.
Stephen has experience of HMO cases in the FTT, County court and the criminal courts.
Dispute Resolution
Stephen has experience of general contractual disputes and is particularly well placed to assist in disputes involving engineering and IT related contracts. He has recently worked on a case concerning provision of software solutions and whether the software was a good under the SGSA 1982. Cases include bespoke and standard machine tool contracts, and introducers’ commission on finance for residential property development.
Stephen recently settled a multimillion pounds partnership dispute relating to development and supply of EPOS solutions in Russia
Stephen has experience in the High Court of enforcement of foreign arbitration awards and domestic adjudications.
He has successfully taken on insurers for unlawful termination of insurance and credit suppliers for linked transactions under the Consumer Credit Act 1974
Stephen has acted in the High Court in respect of freezing injunctions, search and computer imaging orders.
Stephen has a wide-ranging experience in civil fraud both in obtaining freezing orders to prevent dissipation of the proceeds of fraud and the substantive claims.
Stephen’s experience of criminal proceedings coupled with his civil experience of Trusts of Land and Appointment Trustees Act 1996 disputes, means he is well placed to assist spouses, partners and other interested parties whose assets are at risk from confiscation and recovery proceedings under the Proceeds of Crime Act; including:
Advising and successfully representing a criminal’s ex partner in negotiation with the NCA, and the criminal, at the proposed enforcement stage regarding an extension built as a gift. There was also a related TLATA case in the County Court.
Successfully representing a criminal’s ex partner in the Crown and County Courts where her 50% interest in the home was established on the basis of a common intention constructive trust.
Certified Cyber Forensics Professional EU
Planning and HMOs: Children Count as Residents (Paramaguru v Ealing LBC ([2018] EWHC 373 (Admin) (27 February 2018)
Kingsgate Development Projects Ltd v Jordan & Anor [2017] EWHC 343 (TCC)
This was one a few cases to date in the Shorter Trials Scheme. It was an easement and boundary dispute between a developer and a retired couple involving interpretation of a 1960 conveyance and plan, along with expert evidence as to contemporaneous aerial photography. Stephen succeeded on the physical extent of the right of way as granted, the boundary and that electric gates in this case did not amount to a substantial interference of the right of way.
R. v Williams (Orette) [2012] EWCA Crim 2162, [2012] EWCA Crim 3100
Appeal and certified point of law concerning the reverse burden of proof contained in s.1(5) of the Firearms Act 1982 and art.6(2) of the European Convention on Human Rights 1950.
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, Stephen Bishop, 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:
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:stephen.bishop@tbgbarristers.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/
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