A senior civil barrister (1976 call) and former solicitor, Barry Havenhand is a talented and committed advocate, advisor and mediator.
After studying law at Oxford, Barry qualified as a barrister, later became a solicitor, and returned to the bar in 2001. He has a wealth of diverse legal experience, including spells with the Government Legal Service and a City firm. He practised as a solicitor in the West Country for several years, becoming Head of Litigation, and dealt with cases ranging from the local Magistrates’ Court to Judicial Reviews in the High Court and also to the European Court of Justice in Luxembourg.
A combination of diplomacy and dogged persistence has won him substantial success in even the most difficult cases. With 35 years experience of advocacy, Barry is particularly well known for tackling some of the difficult cases that sometimes cross boundaries and areas of law. He is senior, experienced, easy to work with and completely flexible when it comes to fees or travel. Described as a 'people person', Barry always tells it as it is in plain English, so clients know where they are.
With wide-ranging experience, Barry has acted in cases from substantial commercial matters to neighbour disputes over a few inches of land. He has an excellent track record, with a high percentage of settlements, even in seemingly impossible cases. As a recognised expert, Barry has lectured, trained and published articles on many topics. He takes a flexible approach to this role, experienced in working solo, jointly with solicitors, advising and representing parties.
Whether it be a fast track, multi-track, tribunal, injunction, tricky application or you simply need a senior advocate to fight your small claim for you, Barry is always happy to help if available. He takes a long-term view of relationships when it comes to fees. If available, Barry would prefer to be in court fighting your case or advising you on how to get the best out of your case.
Barry is accredited to accept instructions on a Public Access basis. He lives in Somerset but is happy to travel across the UK.
Areas of law
- Commercial, Business Disputes & Money Claims
- Contract and Tort Disputes
- Costs - in particular defendant work, including attending detailed assessments nationally and regular appearances at the Senior Courts Costs Office (SCCO)
- Property Disputes - including landlord & tenant (commercial and residential), boundary and rights of way disputes
- Building Disputes
- Employment Law
- Professional Negligence
- Road Traffic Accidents (including credit hire)
- Personal Injury
- Law, University of Oxford
Barry is married with two grown-up children and fills his spare time with travel (particularly in Italy), visits to the theatre and choral singing. He also chairs an independent panel on school admission and exclusion appeals.
Click here to see Barry's mediator profile.
Areas of Law
Barry Havenhand is happy to accept instructions as counsel who is:
Experienced in the areas of:
- Professional Negligence
- Wills & Probate
- Inheritance Act Claims
- Court of Protection
- Personal Injury
- Public Access Accredited
- Land & Property
- Business & Commercial Law
- Credit Hire Specialists
- Road Traffic
- Education Law
Outside of these key areas of law, Barry Havenhand is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Barry direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.
Fees and Feedback
Details regarding our approach to fees can be found at the following link: http://www.clerksroom.com/content-html?cid=514
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.
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
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:
PO Box 6806
Tel: 0300 555 0333
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, Barry Havenhand, 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.
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.
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.
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: firstname.lastname@example.org, 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/
C & A S Working Law
I just wanted to thank you (Barry Havenhand) for all your help with our recent hearing. Your professionalism was very much appreciated and just having you there with us was worth every penny!! Once again thank you and thanks also to Sam at Clerksroom Direct for assisting us so promptly and efficiently given the tight deadline that we were working towards. With kind regards, C & A S (19th Febraury 2016)
Keith Jones, Director The Keith Jones Partnership
Thank you very much to Clerksroom and Barry [Havenhand] in particular for his work on this case. Once again Barry's work was exemplary and I will of course be instructing Barry again at the very earliest opportunity.
Michael Williamson Williamsons Solicitors
I have spoken with our client this morning who is over the moon with the outcome of yesterday's hearing. He said that you (Barry Havenhand) were great, you were on top of it all and well prepared! Many thanks for your help in this matter.
Andrew Twambley, Senior Partner Amelans
Earlier this week we passed brief to your Barry Havenhand -it was unwinnable - as judicial opinion was firmly against us. You know what? He won !
Mo Afzal Director, HMA Law
Please thank Barry [Havenhand] for his performance at our recent trial on the above matter which was successful. The clients were very impressed with Barry's professionalism and expertise.