Neil Hughes (2013)

Neil Hughes (2013)

Membership Status: Barrister - Full Member Qualified in 2013
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Neil joined Clerksroom in April 2014 after having spent 8 years as a solicitor (the last 2 years as a solicitor-advocate).  During his time as a solicitor, Neil worked at both Hill Dickinson and DWF, where latterly he was an associate in charge of one of the Complex Fraud Teams.

Neil transferred to the Bar in 2013 and enjoys a general civil practice, with particular emphasis on insurance, personal injury and fraud.

He is based in Liverpool and is happy to travel nationwide.

Fraud:-

Neil is a specialist fraud counsel, with over 8 years’ previous experience in this area as a solicitor.  During his career Neil has dealt with the whole array of fraud claims, encompassing:

·                     LVI

·                     Bogus passenger claims

·                     Induced accidents

·                     Staged accidents

·                     Fraud rings

·                     Fraudulent credit hire claims

·                     Actions in the tort of deceit

·                     Claims for exemplary damages

·                     First Party Fraud (Property Insurance; Protection Insurance (MPPI; PPI; PHI; IP and Personal Accident)

·                     Road Traffic Act and Article 75 Liability

Neil is able to assist in the drafting of Particulars of Claim, Defences raising allegations of fraud and, Replies to Defences where fraud has been alleged.

Neil believes that early conferences are crucial in cases where fraud is, or is about to be, alleged.

Road Traffic Accidents:-

Neil’s paper practice encompasses the whole array of RTA personal injury work dealing with advice on liability, quantum (including, loss of earnings, care and infant settlement) and evidence; drafting of pleadings; Part 18 Requests for Further Information and Part 35 Questions to Experts.

Neil also has experience in relation to all of the usual arguments pertaining to credit hire, including:-

·                     Rate, need and period of hire;

·                     Enforceability;

·                     Fraudulent credit hire claims;

·                     Ex turpi causa

Insurance:-

Neil’s insurance practice covers motor insurance; property insurance and, protection insurance (MPPI, PPI, PHI; IP and Personal Accident) in relation to:

·                     Misrepresentation and non-disclosure

·                     Breaches of the duty of good faith

·                     Interpretation of policy wording

·                     Coverage disputes

·                     Fraudulent claims

·                     Illegality

·                     Dual Insurance

·                     Subrogation

·                     Complaints before the Financial Ombudsman

Neil is able to advise on paper, in conference or attend interlocutory hearings

International Claims:-

Neil has an interest in claims with a foreign element, in particular those involving the Package Travel and Rome II Regulations and the Montreal and Athens Conventions.

Qualifications:-

Law LLB (hons) 2:1 (2002)

Admitted as a Solicitor (2006)

Solicitor-Advocate (2012)

Called to the Bar (Middle Temple) (2013)

 

Testimonials

Testimonials

CPD

Neil is happy to attend firms to undertake CPD training and in-house help. Contact Neil directly using hughes@clerksroom.com to request further information or speak to the clerks on 01823 247247 to fix a date.

Areas of Law

Neil Hughes (2013) is happy to accept instructions as counsel who is:

  • Approved for the following panels:
  • Business & Commercial Law
  • Consumer Contracts
  • Road Traffic

Outside of these key areas of law, Neil Hughes (2013) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Neil direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Fees and Feedback

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

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: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

Fees and Feedback

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, Neil Hughes (2013), 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: hughes@clerksroom.com, 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/

Can't find what you are looking for or prefer to talk?

Barristers: 01823 247 247 Mediators: 01823 704 099