Paul Dipré

Paul Dipré

Membership Status: Barrister - Full Member Called in 1991 Public Access Accredited BSB Guidance for Public Access Authorised to Conduct Litigation
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

An advocate with over 20 years of experience, Paul specialises in financial remedies for matrimonial finance and associated general commercial and real property disputes, especially contractual and insolvency matters. He has a thorough knowledge of all issues relating to trust instruments and equitable doctrine of trusts relevant to matrimonial finance, property disputes and contentious probate.

Paul likes to get involved at an early stage whenever possible and help clients with advice, drafting and advocacy throughout proceedings as required. He enjoys a reputation for being approachable and helpful and is happy to discuss any matter pre-instruction.

Paul is accredited to undertake public access work, including the conduct of litigation. He is the Director, Head of Legal Practice and Head of Finance and Administration of Paul Dipré Barrister Limited, through which his professional services are provided.

Areas of law

  • Family Law – Finance and Property
  • Family Law – Children
  • Commercial
  • Property
  • Wills, Probate & Inheritance
  • Insolvency
  • Credit Hire

Family Law – Finance and Property

Paul’s main area of practice is in this field. His expertise covers financial remedies on divorce or dissolution, cohabitation/co-owner disputes under TOLATA and financial provision for children under Schedule 1 of the Children Act 1989. Paul has been instructed to advise and represent many high net worth clients throughout his career at the bar. Most of his cases feature at least one of the following factors:

  • Family businesses
  • Inherited wealth
  • Trusts of Land
  • Family trusts
  • Overseas assets (business and property)
  • Intervening third-party interests
  • Variation applications
  • Enforcement
  • Non-compliance with disclosure

Family Law – Children

Paul represents clients at all stages of private law children disputes. He regularly represents parents and guardians in disputes about the living arrangements for children, contact arrangements, and the exercise of parental responsibility. Paul has specific experience of proceedings involving:

  • Intractable disputes
  • Fact-finding hearings
  • Domestic violence and abuse
  • Mental health and substance abuse issues impacting child arrangements
  • Removal from the jurisdiction
  • Wardship
  • Abduction and complex international issues

Paul is bilingual in English and Italian and is particularly interested in cross-border disputes, especially those of an Anglo-Italian nature. 

Commercial

Paul has a substantial and long-standing commercial practice, appearing regularly in contentious and high-value claims in the County Court and High Court on behalf of both professional and private clients. He is frequently instructed at an early stage to advise clients and to draft pleadings. He is content to advise either in conference or in writing on the merits of potential claims and the best strategy to adopt in the ongoing management of litigation.

Sensitive to the cost implications of litigious proceedings, Paul will seek resolution by negotiation where appropriate but can also be relied upon to provide sound tactical support when a fight is necessary. He is accomplished and experienced on his feet in court, capable of striking a balance between robust advocacy and persuasive negotiation subject to the approach demanded by the circumstances in a case.

Property

Paul is an experienced and enthusiastic property law barrister with expertise in a range of areas. While the core of his practice lies in real property, Paul applies his expertise to all aspects of property law. His property practice covers:

  • Real Property: all types of constructive and resulting trusts, proprietary estoppel claims, easements, rights of way, boundaries, adverse possession
  • Commercial leases: including termination and renewal, break clauses, service charge disputes, rent and rent review, disrepair and dilapidations claims

Wills, Probate & Inheritance

Paul’s practice in this field covers these principal areas:

  • Contentious probate: dealing with, upholding or challenging the validity of wills under the Inheritance (Provision for Family and Dependants) Act 1975
  • Administration of estates: covering all issues relating to the administration of estates, whether contentious or non-contentious, including the removal of executors, the construction of wills, identity of beneficiaries and ascertainment of assets
  • Trusts: Construction of deeds of trust, powers and duties of trustees and Trusts of Land, or TOLATA (including proprietary estoppel claims)

Insolvency

Paul advises and represents clients in all aspects of insolvency and bankruptcy law, whether that be applications being made within insolvency proceedings or other matters such as:

  • applications for administration orders
  • applications to set aside statutory demands
  • applications to restrain winding-up petitions
  • applications to restrain advertisement of petitions

Paul also deals with the full range of transaction avoidance work (e.g. transactions defrauding creditors, preferences, transactions at undervalue). He has been instructed on behalf of debtors, creditors, companies, directors and insolvency practitioners, providing focused advocacy and advice on all aspects of contentious and non-contentious insolvency law and procedure. Paul regularly appears on insolvency matters in the High Court (the Companies Court and the Bankruptcy Division) and in County Courts across the country.

Credit Hire

Paul has knowledge and experience of the principles of credit hire law and is willing to take instructions on that basis.

Memberships

  • Committee Member of the British Italian Law Association 
  • Member of the Family Law Bar Association 
  • Member of the London Common Law & Commercial Bar Association

Languages

A fluent Italian speaker, Paul has previously worked in-house for law firms in both Italy and England and brings a wealth of knowledge gained in a wide range of cases. He has spoken on English law issues in Italy on several occasions and assisted the author of an Italian language book on the English system of civil courts. 

Personal Interests

Paul previously worked in the London financial markets and is a freeman of the City. He is married, and when not working, enjoys walking and orienteering in the Alps, reading and the Arts.

CPD

Paul has a strong knowledge of those aspects of Italian law that are relevant to cross-border disputes concerning the areas of specialism set out above. His CPD activities are especially focused on augmenting this expertise.

Areas of Law

Paul Dipré is happy to accept instructions as counsel who is:

  • Land & Property
  • Family Law
  • Professional Negligence
  • Wills & Probate
  • Inheritance Act Claims
  • Public Access Accredited
  • Land & Property
  • Business & Commercial Law
  • Family Law
  • Consumer Rights Act
  • Costs
  • Commercial Arbitration & ADR inc Adjudication
  • Court of Protection
  • Business & Commercial Law

Outside of these key areas of law, Paul Dipré is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Paul direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Cases and Publications

  • Editor "The Bench & The Bar" by Marcello Marinari - published by Rome University Press LUISS 2013
  • British Italian Law Association website article: English Civil Litigation Case Management & Sanctions: http://www.bila.biz/, June 2014

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=514

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: [email protected]
Web: www.legalombudsman.org.uk

Privacy Notice

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 Dipré, 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. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: [email protected], or my clerks: mail@clerksroom 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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