Ed Ross (2010)

Ed Ross (2010)

Membership Status: Barrister - Full Member Qualified in 2010 Public Access Accredited BSB Guidance for Public Access
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Overview

Ed is a specialist Commercial and Property practitioner, with particular expertise in:

  • Bankruptcy and Insolvency
  • Construction
  • Contract
  • Energy and Utilities
  • Landlord and Tenant
  • Real Property
  • Professional Negligence

He has a busy court practice, appearing in the High Court, County Court and various Tribunals on a near daily basis. He provides advice and drafts legal documents in all his practice areas. He is also licensed to act for members of the public and SMEs directly and is authorised to conduct litigation. This means Ed can provide “cradle to grave” legal services. His litigation “ticket” is particularly useful for urgent applications when instructed by both solicitors or members of the public. Ed is currently studying for the MSc in Construction Law and Dispute Resolution at King’s College London, his dissertation is to focus on International Commercial Arbitration. He therefore brings cutting edge commercial knowledge and experience to his caseload.

Outside of work Ed enjoys obstacle course racing and triathlon. He has been a Tough Mudder season pass holder, has completed numerous open waters swims including the Strait of Gibraltar and now concentrates on the Ironman 70.3 distance  He is President of the Oxford Young Professional Society and is passionate about music, playing double bass and piano.

Bankruptcy and Insolvency

Ed has advised and appeared in Court on behalf of businesses and individuals on a diverse range of matters including:

  • Setting aside statutory demands
  • Petition hearings
  • Annulments pursuant to s.282(1)(a) and s.282(1)(b)
  • Injunctions to restrain presentation of a petition
  • Injunctions to restrain advertising of a petition
  • s.216 applications
  • Actions by liquidators
  • Applications in respect of remuneration of trustees
  • Applications to extend automatic discharge of bankruptcy
  • IVA proposals and implementation

His practice includes advising, drafting documents and representation at hearings in the High Court and County Court.

Ed has had recent success in the High Court in the preparation and presentation of an ex parte injunction to restrain advertisement. On the return hearing he successfully argued for the petition to be dismissed and achieved costs recovery in excess of 95% of the costs claimed.

Professional Negligence

Ed predominantly acts in claims for and against professionals involved in property transactions or development (Solicitors, Architects, Surveyors etc.).

Ed has advised and acted in cases arising from:

  • Failure to advise as to the presence of a public right of way
  • Failure to advise on the presence of a cesspit
  • Solicitor’s negligence in conjunction with misrepresentations by a vendor
  • Failure to undertake an adequate survey
  • Failure to advise on the presence of defects in a property 
  • Failure to advise on necessary easements required for re-development of a £million+ residential property site
  • Failure to advise on the presence of various natural risks
  • Allegations of negligence in the completion of a Tomlin Order settling a boundary dispute
  • Riparian ownership and, following a flood, remedies available against the vendor, solicitor and surveyor involved with the purchase of the property

Ed also has experience of solicitors’ negligence in respect of personal injury claims including:

  • Failing to issue proceedings within the limitation period
  • Failing to advise, or advising inadequately, on quantum/settlement

Energy & Utilities

Ed acts on behalf of both providers and consumers in relation to energy and telecommunications contracts and has dealt with claims involving:

  • Deemed contracts
  • Erroneous transfers
  • Backbilling
  • Agency
  • Alleged mis-selling
  • Misrepresentation 
  • The Direct Debit Guarantee scheme
  • Data Protection Act breaches
  • The sale and installation of renewable energy technologies 
  • Proceedings under the Torts (Interference with Goods) Act 1977

Ed’s previously wide civil practice, encompassing insolvency, personal injury, property and commercial matters, means he is excellently placed to deal with energy and utility claims involving multiple legal aspects.

Property

Ed has extensive Property Law experience:

  • Landlord and Tenant (residential and commercial)
  • Charging orders
  • Orders for sale
  • Vesting orders (including bona vacantia)
  • Possession (including defending possession on human rights grounds)
  • Forfeiture 
  • Service charge disputes (First Tier Tribunal and County Court)
  • 1954 Act matters
  • Dilapidations
  • Tenancy deposit disputes
  • Adverse possession
  • Restrictive covenants
  • Easements
  • Riparian rights
  • Boundary disputes
  • Trespass and nuisance

Recent cases include:

• Successful proceedings for relief from forfeiture with respect to the lease of roof space for the placement of solar panels. Ed also secured a costs order in the tenant’s favour.

• Advice on the enforceability of, and potential to remove, a restrictive covenant to enable a change of use from commercial to residential.

• Successful application to amend a suspended possession order to impose further terms.

Commercial

Ed acts in a range of general contractual matters regarding the sale of goods, supply of services, consumer credit and debt recovery. 

He regularly conducts claims involving issues such as agency, construction/interpretation of contracts, misrepresentation, conflict of laws and arbitration or mediation clauses. 

Ed also has experience of partnerships, limited liability partnerships and acts for petitioners and debtors in commercial and personal insolvency actions.

Ed has an extensive understanding of credit hire and subrogated claims on behalf of insurers, with an in depth knowledge of the relevant statutes and case law.

Recent cases of note:

• A complex case in the TCC involving the “upseating” of coaches.

• A case involving in depth analysis of the British Standards relevant to the manufacture of Insulated Glazing Units.

• A successful ex parte injunction and subsequent substantive proceedings for breach of a non-disclosure agreement and misappropriation of confidential business information.

• A successful ex parte injunction and return hearing to restrain the presentation of a winding up petition for a haulage company.

Construction 

Ed is regularly instructed on residential construction disputes and is looking to expand his practice into commercial construction work. He is currently studying part time for the prestigious MSc in Construction Law and Dispute Resolution at King’s College London.

His previous cases include:

  • Disputed payments to architects under a development scheme and conditional sale agreement;
  • Alleged breach of contract/negligence with respect to:

            -  Ground/piling works

            -  Design and fabrication of the steel framework for a residential property

            -  Renovation and extension of a residential property

            -  Construction of a new build residential property 

  • Battle of the forms claims
  • Advising an architect with respect to work done under a letter of intent 
  • Mediation advocate for a company alleged to have been negligent in the design for tying in the front elevation of a £multi-million block of flats in London

Ed has also successfully mediated residential construction disputes.

Academic Qualifications

  • BVC, Bristol Institute of Legal Practice – Very Competent
  • LL.B (Hons), The University of Manchester – 2:1
  • LL.M (Advanced Legal Practice), University of the West of England

Scholarships

  • The Churchill Scholarship, Gray's Inn
  • The Holt Award, Gray's Inn
  • The Manchester Leadership Award, The University of Manchester

Professional Qualifications & Appointments

  • ADRg Accredited Mediator

Professional Bodies

  • Professional Negligence Bar Association
  • Property Bar Association

Testimonials

Testimonials

Areas of Law

Ed Ross (2010) is happy to accept instructions as counsel who is:

  • Business & Commercial Law
  • Costs
  • Land & Property
  • Professional Negligence
  • Public Access Accredited
  • Road Traffic
  • Technology & Construction inc Adjudication

Outside of these key areas of law, Ed Ross (2010) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Ed 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, Ed Ross (2010), 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: ross@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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