Nicholas Dugdale (1992)

Nicholas Dugdale (1992)

West Sussex
Membership Status: Barrister - Full Member Qualified in 1992
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

A member of the Fast & Multi-Track Advocacy Team at Clerksroom having joined from London chambers in 2004, Nicholas has a wealth of experience. He lives in West Sussex, covering the County Courts and the High Court in London and the South East across the South coast down to Bournemouth. Nicholas is happy to travel to any UK court for a fast or multi-track hearing. Nicholas has been an advocate for 35 years.

Nicholas has, by design, a wide-ranging general civil and commercial practice.  The following is necessarily merely illustrative of his recent experience:

Transportation

  • Extensive experience in RTA claims and related matters including, of course, credit hire claims.  Nicholas also has experience in PI claims arising in other contexts, notably occupier's or employer's liability
  • Advising, and appearing on behalf of, airlines and their insurers.  Most recent claims concerned an alleged aircraft cabin fume incident, including 15 litigated claims;  various litigated claims arising from alleged injuries sustained in the course of an emergency evacuation of an aircraft
  • Advising and representing airlines and their insurers in respect of personal injury and fatal accident claims, including claims arising out of crashes and catastrophic incidents

Defending tour operators against claims under the relevant regulations, including a claim of sexual assault by a foreign employee

Employment

  • Nicholas has appeared on numerous occasions in the Employment Tribunals and, from time to time, in the EAT.  He has acted for individuals, companies, and local authorities
  • Claims have involved unfair and unlawful dismissal, discrimination and the application of TUPE

Commercial

  • Advising and appearing for the vendor in respect of claims of breach of warranty in a contract for the sale of a business, culminating in a 5 day High Court trial (successful); and subsequent applications for costs against non-parties
  • Advising in respect of claims arising from the supply of allegedly non-compliant building materials to a large development in Hampshire
  • Advising and attending mediation on behalf of a specialist recruitment company about alleged breaches of confidentiality and database rights
  • claims concerning agency commission; mostly concerning real estate agents, but also more generally - Nicholas appeared in a lengthy trial concerning agency commission claims related to the provision of railway equipment in Singapore

Professional Indemnity

  • Nicholas advised and appeared in numerous cases in the mid-90s arising from allegedly negligent valuations and appraisals by valuers and architects.  That work has, for obvious reasons, dwindled, but he has acted recently on behalf of a large building society in cases arising from multiple purchases and valuations
  • Also acted on occasion for individual purchasers in connection with undetected property defects
  • Junior counsel in a lengthy trial in the Commercial Court concerning an allegedly negigent valuation of an inner London Hotel

Property

  • Nicholas has considerable experience advising and appearing in (mainly) commercial tenancy disputes, including landlord claims for dilapidations, tenant claims for breaches of covenant and similar
  • Also, slightly less obvious matters including boundary disputes both rural and urban, and claims in respect of a building erected allegedly in breach of restrictive covenants in favour of a water utility

Inquests

  • Appeared at various inquests, usually on behalf of the deceased's insurer
  • Attended inquest on behalf of family of deceased (acting pro bono) to avert possible finding of suicide
  • Appearance on behalf of airline in the case of a passenger who died during flight or shortly after, apparently by asphyxiation

Equine

  • Nicholas has advised and appeared in cases concerning the ownership of horses and claims about horses under the Sale of Goods Act
  • Appeared at trial in Manchester County Court on behalf of livery yard owner (and hence a "keeper") under the Animals Act in respect of serious personal injury claims by a person injured by a horse
  • Advised and appeared on claim by purchaser that horse sold was defective - buyer had the animal put down

About Nicholas

Nicholas was first qualified in New Zealand where he practised as a barrister and solicitor. In the mid 1980s he moved to Melbourne where he was admitted to practise and became an Associate  in commercial litigation for a large American law firm. In 1988 he arrived in London where he was again admitted as a solicitor and worked in the construction litigation departments of two leading firms before undertaking pupillage and being called to the Bar in 1992. Nicholas saw the light and abandoned commuting to chambers in London in 2004.  He lives in rural West Sussex.  Nicholas is the Organiser of the (BE affiliated) Rackham Horse Trials, and thus has both a personal and professional interest in horses.

Testimonials

Testimonials

Areas of Law

Nicholas Dugdale (1992) is happy to accept instructions as counsel who is:

  • Approved for the following panels:
  • Business & Commercial Law
  • Costs
  • Employment
  • Inquests
  • Land & Property
  • Professional Negligence
  • Road Traffic

Outside of these key areas of law, Nicholas Dugdale (1992) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Nicholas 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, Nicholas Dugdale (1992), 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: dugdale@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/

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