Miss  Deborah Tompkinson (1984)

Miss Deborah Tompkinson (1984)

MA (Oxon) LLM Commercial Law (UCL); Mediator London and South East
Membership Status: Barrister - Full Member Qualified in 1984 Public Access Accredited
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

General Information:

A senior civil barrister (1984 call),  Deborah worked, after pupillage,  as claims manager for a Lloyd’s Syndicate; in-house counsel for a run-off company; and for many years as a solicitor specializing in insurance and re-insurance disputes, while acquiring an LLM in Commercial Law and ACII (Associateship of Chartered Insurance Institute).  She returned to the Bar in 2000.

Deborah has a real passion for advocacy and relishes both original and difficult arguments.  Clients appreciate her attention to detail, thorough preparation, and team approach.

She has a down to earth approach,  speaks plainly, and looks for pragmatic solutions.  A former purchaser of legal services, she understands the demands driving business decisions and the disruption of human and financial resources entailed in litigation. 

She is a qualified mediator.

Whilst Deborah accepts instructions for most areas of common law, her interests lie with the following key areas:

  • Costs. She regularly attends Detailed Assessments in the SCCO and across the country. She also has a reputation for fighting hard at CCMCs, and appreciates that the approved costs budget can be vital to the future of a case.   
  • Insurance and Reinsurance, including assisitng with Ombudsman references
  • Personal Injury (including RTA, EL and PL) and Clinical Negligence. She represents Claimants and Defendants.
  • Contract disputes (including Agency and Consumer Contracts)
  • Fraud - Deborah has written the sections on Part 18 Questions and Witness Statements for the Chambers Fraud Manual
  • Tort disputes, Negligence

Recent work includes:

  • Product Liability claims arising out of  withdrawn orthopaedic hips.
  • Non-party costs application against credit hire company
  • Issues arising out of Part 36 offers on the Fixed Costs Regime
  • A series of cases where guarantees were alleged to have been forged.
  • Extent of recoverabilty of ATE premiums
  • A case of an alleged contract reached by text messages
  • Cases involving vulnerable and potentially vulnerable adult witnesses in respect of whom the court might need to make adjustments in order to ensure best evidence was obtaine, and assisting instructing solicitors and court to that end. 
  • A Critical Illness Insurance policy where the insurer refused to accept the insured was disabled
  • A Permanent Total Disablement Insurance policy where the dispute was whether the accident disabled the insured from doing any work, including housework.
  • Advice on issues arising from Ombudsman’s references.

Deborah has a real passion for advocacy and enjoys an original argument. She is an advocacy trainer for the Middle Temple.  Professional Memberships include: PIBA, PNBA, LCLBA, AvMA, Chartered Insurance Institute and Civil Mediation Council.  She travels widely and is happy attending any court centre, subject to professional commitments.

On a personal note, Deborah is married and divides her time between the City of London & Berkshire. She enjoys theatre, opera, skiing, role-playing and setting a bad example to her god-children.  Deborah is confident, has a wealth of experience and always happy to discuss potential new instructions on the phone or by email. Deborah can be contacted at any time on 0845 083 3000 or  by email using tompkinson@clerksroom.com

Please see link for Personal Injury Updates from Deborah and Robin de Wilde QC.

Testimonials

Testimonials

CPD

Losing To the Other Side or Beware of the Easy Case: 1 hour CPD. Free.

Cases Against The Police: 1 hour CPD. Free.

Witness Statements: 1 hour CPD. Free.

Identifying Fraud-Pleadings, Part 18 and Witness Statements - A Tactical Approach to Suspected Fraud Post Hussain v Amin: 1 hour CPD. Free.

Bear Traps  -  trying to avoid sanctions in the post-Mitchell era: 1.5 hours CPD (Sanctions only talk: 30 mins). Free.

 

Areas of Law

Miss Deborah Tompkinson (1984) is happy to accept instructions as counsel who is:

  • Approved for the following panels:
  • Business & Commercial Law
  • Costs
  • Personal Injury
  • Professional Negligence
  • Road Traffic

Outside of these key areas of law, Miss Deborah Tompkinson (1984) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Deborah 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

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 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

The Bar Standards Board regulates barristers and specialised legal services businesses in England and Wales, and would like to ask you about the information you found on your legal services provider’s website. Your response will help to inform future changes in this area.   

This survey should take 5-10 minutes to complete. Your responses will be kept anonymous and confidential, not shared with your legal services provider and only used for research purposes.

If you complete this survey and provide the Bar Standards Board with your e-mail address, you will be entered into a prize draw to win a £100 Amazon voucher.

Privacy Notice

Privacy Notice

Q1 - What is this?
It is a privacy notice. It tells you, in general terms, whether I hold or will hold personal data about you, what it is, or is likely to be, and what I am going to do with it, in accordance with the General Data Protection Regulation (“GDPR”).
Q2 - What is the GDPR?
It is an EU directive which says how, if you are an individual, your personal data is to be used and what rights you have in connection with it. 
Q3 - How do I know if you are going to hold/process my personal data?
I may hold data about you if:
a You are a party to a case in which I am instructed, or
b You are a solicitor, barrister, expert witness, witness of fact, costs draughtsman, or costs lawyer in a case in which I am instructed.
Q4 - What is processing?
The definition of processing includes anything done to data including but not limited to holding, storing or erasing data. That means that I “process” data simply by receiving it. 
Q5 - Why will you hold/process it?
I may hold it, depending on the circumstances, under Art 6(1)(b) and/or (c) and/or d) and/or (f) and/or Art 9(2)(f) of GDPR.  In particular, I will hold or process it for the purposes of litigation and/or legitimate interests. In other words, it is necessary in order for me to provide legal, mediation and other services (usually contractual ones) to my client(s), such as:
a Helping a professional or lay client in the establishment, exercise, or defence of legal claims and/or
b Giving legal advice as to the rights and/or obligations of a client or the merits of a case. 
c Complying with my professional duty, as a lawyer, to my professional or lay client, and to the court.  That duty includes furthering the just and proportionate conduct of litigation in accordance with the overriding objective [Civil Procedure Rule 1]. This duty is imposed on all parties to litigation and their lawyers and experts. 
d Assisting my professional and lay clients in complying with their own duties to the court.
e Assisting my client at or in connection with a mediation.
f Conducting a mediation as a mediator.
g Training a pupil. Any such pupil will also be required to keep it confidential.  If you are my client and you do not want me to show information to my pupil, you must tell me that you object.
h Furthering the public interest, eg providing pro bono services via the Bar Pro Bono Unit
i Complying with my legal obligations to my professional body, regulator or ombudsmen or Government Authority such as HMRC.
j Finally, documents may be kept or retained where a case is not yet concluded, or where costs remain to be assessed, or for potential or actual complaints, disputes or litigation, or where my fees remain unpaid.
Q6 - Who will you share it with?
Most personal data I receive or generate in the course of professional services will be either confidential or covered by legal professional privilege.
However, as a lawyer, I may need to share your data, in certain circumstances, for instance, in the circumstances set out in the answer to the last question.   Examples of persons with whom I may have to share the data include:
a Courts or dispute resolution tribunals or dispute resolution practitioners.
b Solicitors or agents of a party who instructs me.
c Actual or potential witnesses (expert or factual).
d Other persons involved in a case, including solicitors and barristers.
e Ombudsmen, regulators or the ICO.
f Education and examining bodies. 
g Current, past or prospective employers.
h Ministry of Justice officials.
i Inland Revenue officials or other government authorities with the legal right to see documents relating to my work.
j  Persons providing me with IT support services.
I will not knowingly share data which is covered by legal professional or other privilege, or where my professional obligations prohibit me from doing so, unless required to do so by a court or the rules of court.
Q7 - So you won’t be selling my personal data to third parties?
I will not sell your data to anyone. 
Q8 - Will you share my data with third parties for marketing purposes?
I will not, for marketing purposes, share any data that is not already in the public domain.
Q9 - Will any of my data be sensitive?
In some cases, I may receive data which is within the “special categories” of Art 9(1) of GDPR.  Such data may include, for example, data revealing your race, ethnicity, sexual preferences, political or religious belief, health or trade union membership or criminal convictions.  However, it will be processed only where necessary to carry out one or more of the objectives set out in Q5 above.
Q10 - How long will you hold my data?
I will hold it only as long as is necessary.  What is necessary will depend largely on the duration of one or more of the matters set out under Q5.   In particular, the Bar Code of Conduct requires me to retain records of my cases and HMRC will require me to retain them for no less than 6 years after they conclude.  I may also need to retain documents where necessary for:
a The purpose of legitimate interests (Art 6(1)(f) that are not outweighed by your interests or fundamental rights and freedoms or
b To enable me to comply with a legal obligation (Art 6(1)(c)).
Once a case has concluded and my fees have been paid, I shall retain documents:
a To comply with my legal and professional obligations to keep records of my cases.
b For defence in respect of potential complaints or other legal disputes.
c To refer back to in future case raising similar legal, procedural or factual issues.
d To check possible conflicts of interest in other cases. 

Q11 - What rights do I have?
If you are a data subject you may ask me to confirm that I am processing your personal data and ask for details about the personal data, the source, the processing, the purposes of processing, recipients, and retention period. 

You may, in some circumstances, be able to ask for it to erased or corrected.

There is also a modified right to ask for personal data to be simply stored.  This may be:
a As an alternative to deletion.
b So that it can be corrected.
c For the establishment, exercise or defence of legal claims.
d To ascertain whether a legitimate ground for retaining it exists.

However, where processing is necessary for the establishment, exercise or defence of legal claims, the rights to erase or correct will not apply.

If you ask for your personal data to be corrected, restricted or erased, and you ask that and your request is not overridden by another consideration(e.g., my duty of confidentiality  to my own client or the court or professional body, or HMRC), then I shall try to contact the recipients of personal data, unless it involves disproportionate effort.

Further, if the material is also covered by legal professional privilege, then it is expected at the time of drafting that the Bill when enacted will exempt material covered by legal professional privilege.
Q12 – Will you keep my personal data secure?
I take appropriate steps to safeguard your personal data to prevent accidental loss, unauthorized access or use.   Eloquent Technologies provide the following systems for Clerksroom barristers:
• Office 365
• Hosted servers

Office 365 is provided in only UK data centres and all of these data centres are ISO27001 compliant.
Q13 - Will you transfer data to third countries?
I do not intend to.  However, you should be aware that, like most commercial entities and the judiciary (and probably the whole of the government) my chambers uses Microsoft software. We use Office 365, the same as is used by the Judiciary. You probably use the same or similar software yourself.  Microsoft Office 365 contains a clause, in its standard terms and conditions, allowing Microsoft  to transfer any data it has processed to the USA.  Accordingly, anyone using such software must assume that any data sent, received or created using it, can be, and may be, sent to the USA.
Q14 – Complaints or Questions?
You can send questions about this notice or about how I use your personal data to tompkinson@clerksroom.com  or to my clerks at mail@clerksroom.com or telephone  01823 247 247.  I shall try to respond as soon as possible and within 30 days. Please bear in mind, however, that my court commitments may delay my ability to respond.
You have a right to complain to the Information Commissioner’s Office (“ICO”) if you believe I have not handled your request in an appropriate manner.  Information on the ICO can be found at https://ico.org.uk/global.contact-us/ 

Can't find what you are looking for or prefer to talk?

Barristers: 01823 247 247 Mediators: 01823 704 099