Lynne Counsell

Lynne was called to the Bar in 1986. Her two areas of expertise are private client (traditional Chancery work such as probate procedure, accounts, Inheritance Act claims, Court of Protection matters, cases under the Variation of Trusts Act 1958, mutual wills, construction of wills and trusts) and financial services (interpretation of the FSMA 2000, collective investment schemes, regulatory issues and the marketing of investments).

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Lynne's expertise has a particular emphasis on drafting but also includes advisory and litigation work. Drafting comprises the drafting and interpretation of wills and trusts as well as commercial documents.

Lynne is the author of numerous books, including various volumes of Atkin’s Court Forms. This gives a unique insight into drafting, procedural and legal issues and means, for example, she has won cases on more obscure causes of action such as account stated.

Lynne's Experience

Called in 1986

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

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Chancery

Drafting and conducting proceedings for interim and final accounts in both Chancery and commercial matters
Applications involving the appointment and removal of executors
Advising on probate procedure
Litigation in respect of mutual wills, including the case of Charles v Fraser [2010] EWHC 2154 (Ch)
Applications under the Variation of Trusts Act 1958
Trust and will disputes, including the interpretation of instruments and the duties of trustees/personal representatives
Litigation of Inheritance Act claims
Advising on the procedure and duties in respect of lasting powers of attorney
Advising and applications in respect of the Mental Capacity Act 2005
Drafting wills, trusts and related documents
Drafting Partnership deeds

Financial Services

Advising on the construction of the FSMA 2000 and whether it applies to commercial arrangements or activities
Advising on whether film investment schemes, property developments and various other arrangements are collective investment schemes within the meaning of the FSMA 2000
Disciplinary proceedings as to whether traders or other financial services authorised persons have breached relevant rules
Litigation as to whether clients are in breach of the FSMA 2000
Advising on the marketing and advertising of investments
Advising on the requirement for and content of prospectuses and also the listing rules
Drafting unit trusts, including for a foreign government
Drafting shareholder and takeover agreements
Drafting the rules and regulations for a UK building society
Drafting all mortgage documentation for one of the main UK banks
Drafting loan agreements for UK companies, including those linked to Swiss financial services law

Memberships & Advisory

Chancery Bar Association
Lynne is on the expert panel for LexisNexis Q&A – Private Client and LexisNexis Q&A – Commercial.

Publications

The original update of Halsbury Laws of England on Injunctions
Co-editor of “Practice and Procedure in the Chancery Division” (two editions) including the chapters in that book on “Probate” and “Financial Services”
Writing the original volume of Atkin’s Court Forms – “Financial Services” (and subsequent editions)
Past volumes of Atkin’s Court Forms include “Contract” and “Charities”
Current publications include Atkin’s Court Forms on “Accounts”, “Specific Performance”, “Co-ownership”, “Societies and Clubs”, “Markets and Fairs” and “Money”
Articles include “The Marketing of Financial Services” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review
Recent articles include a paper for LexisNexis on “The impact of Brexit on Takeovers and Mergers”
Recent drafting includes the LexisNexis standard form precedents for “Notice of Force Majeure” and “Notice of Frustration”, dealing with Covid 19

Awards

2017 Corporate International Global “Investment Contracts Barrister of the Year in England”

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, Kynne Counsell, 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: lynne.counsell@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/