Charles is an experienced civil practitioner of depth and diversity and is popular as a confident, robust and skilful advocate who enjoys a challenge. He is based in Hertfordshire and enjoys a varied practice which takes him nationwide.
Charles is accredited to undertake Public Access work and authorised to conduct litigation. His litigation portfolio includes actions against the police.
Areas of law
- Personal Injury
- Civil Actions against the Police
- Commercial, Chancery and Property
Charles has extensive contentious employment experience. He has appeared in numerous cases before Employment Tribunals and the Employment Appeal Tribunal.
Charles conducts personal injury work at all levels, including road traffic and fraud cases. His industrial disease experience includes:
- Industrial deafness
- Vibration white finger
- Occupational stress
- Asbestos-related disease
Civil Actions against the Police
Charles has advised and represented many clients in claims arising out of alleged police misconduct or negligence. In recent years, his clients have included:
- a claimant repeatedly arrested, prosecuted and assaulted by his police officer neighbour
- a university Professor
- a police officer arrested on suspicion of burglary
- a claimant arrested under the Mental Health Act
- a claimant alleging misfeasance by senior officers in a Professional Standards Department in the investigation of his complaints
- a claimant stabbed by her former partner alleging breach of duty by the police
In one claim, the jury awarded the claimant £600,000 by way of aggravated and exemplary damages.
Charles is regularly instructed in costs matters for both paying and receiving parties, including in Senior Court Costs Office cases.
Commercial, Chancery & Property
Charles practises in contentious work, including:
- Landlord and tenant
- Boundary disputes
- Conveyancing disputes
- Sale of goods
- Contractual and commercial disputes
- Professional negligence of solicitors and surveyors
In addition to his key areas, Charles has a wealth of experience and accepts instructions in most common law areas, including contract, credit hire (Defendant), consumer law, and insolvency. He has also been instructed in professional regulatory work before the General Medical Council.
- Employment Bar Association
Charles is married with three children. He is a keen French speaker and Francophile, having met his wife in Paris and having lived in France for several years. He has written several books about living and working in France.
Areas of Law
Charles Davey is happy to accept instructions as counsel who is:
Very experienced in the areas of:
- Public Access Accredited
Experienced in the following additional areas:
- Professional Negligence
- Personal Injury
- Land & Property
- Business & Commercial Law
- Credit Hire Specialists
- Road Traffic
- Credit Hire (Defendant Insurance Team)
Happy to help in the following additional areas:
- Professional Regulation
- Public & Administrative Law
- Inheritance Act Claims
- Land & Property
Outside of these key areas of law, Charles Davey is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Charles direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.
Cases and Publications
- Laroche v Spirit of Adventure (UK) Ltd  EWCA Civ 12: applicability of Warsaw Convention to balloon accidents
- Sternbaum v Dhesi  EWCA Civ 155 (18 March 2016) repairing obligations on landlord
- “The English of Law” published by Belin and written in conjunction with staff at the University of Paris II, France’s most prestigious law faculty
- “The Complete Guide to Buying a Property in France” published by Kogan Page and a selection of other books about buying property and living and working abroad
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, Charles Davey, 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/
Lay client Bank manager in relation to compromise agreement
"....extremely satisfied with you (Charles Davey) and would certainly recommend you as a Barrister .... None compare to your professional and courteous manner."
Lay client Television presenter in employment matter
Thank you (Charles Davey) for your excellent professional advice and assistance in dealing with this difficult matter.
Lay client Employment Agent in fees dispute
I wanted to write and take this opportunity to thank you (Charles Davey) for all your kind help and support ...I truly feel that if you had not picked up on this case we would still be waiting. I hope you can be of assistance in the future, it has been a pleasure speaking with you.
Michael Public Access client, solicitor negligence dispute
Thank you again, Charles (Davey) for your companionship through this matter.