Ian Skeate (2002)

Ian Skeate (2002)

Membership Status: Barrister - Full Member Qualified in 2002 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

Ian joined Clerksroom in January 2010 after practising from St Johns Buildings, Manchester since 2003. Ian has a General Common Law practice and is able to act in several different areas of practice although his particular expertise lies in Personal Injury, Professional Discipline and Regulation, Employment and Costs. Ian remains based in Manchester but is happy to travel nationwide and approximately half his court practice is in London.

Ian is first and foremost a trial lawyer and has a particular reputation in this aspect of his work.  He is fully authorised to accept direct access work and is further authorised to conduct litigation as well.  Direct Access will be considered on a case by case basis but is most suited to Professional Conduct and Employment law matters.

LEVEL OF WORK

Ian has an established fast and multi track practice dealing with matters worth up to £1.5m.  Ian's practice is split evenly between Claimant and Defendant.  He has undertaken mediation training and represents Claimants and Defendants in these.

Personal Injury

Ian acts for both Claimants and Defendants in all aspects of Personal Injury including substantial amounts of industrial disease work ranging from asbestos-related claims to deafness and VWF/HAVS claims. He is very experienced in Road Traffic Accidents including claims involving the MIB and Article 75 and the Domestic Regulations with particular experience in credit hire and fraud cases from both sides of such litigation.  Ian is well-versed and experienced in accident at work claims as well as EL/PL/OL claims.  

Professional Disciplinary/Regulatory and Negligence

Ian can advise on and represent professionals facing disciplinary hearings or registration problems in all areas but especially the GMC/GDC/NMC.  Ian is very happy to accept direct access work in this area - especially in fitness to practice issues.       

Employment

Ian accepts instructions for both Applicants and Respondents. Work undertaken includes Unfair Dismissals and Redundancy including jurisdictional points and all forms of Discrimination with particular experience in disability discrimination.  He appears regularly in the EAT and is able to undertake appeals where not acting at first instance. Ian is also experienced in mediation in this area.

Ian believes that many advocates tend to settle employment cases too readily on the day of the final hearing and, whilst settlement can often be the best outcome for the client, a better settlement or result can often ensue if a robust line is taken at the hearing.

Costs

Ian now has a recognised costs practice and regularly lectures and advises on the subject. He is knowledgeable in relation to issues regarding the validity of retainers and CFA’s, as well as frequently acting for either paying or receiving parties in detailed assessments and in appeals on costs matters including wasted costs and split costs orders.

Ian is very happy to represent clients in the SCCO in London and he produces a regular ‘Costs Bulletin’. If you would like to receive this then please contact his clerks and these will be emailed to you.

Having costs expertise gives Ian an edge in his general trial work when costs are summarily assessed and can make a great deal of difference to the net end result for both lay clients and solicitors.

Associations 
PIBA, PNBA, ELBA, Northern Circuit Medical Law Association



 

Testimonials

Testimonials

CPD

How to Run A Deafness Case From A-Z (+ HAVS/VWF add-on if required) - 2-3 Hours.

Areas of Law

Ian Skeate (2002) is happy to accept instructions as counsel who is:

  • Land & Property
  • Approved for the following panels:
  • Court of Protection

Outside of these key areas of law, Ian Skeate (2002) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Ian direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Cases and Publications

Notable/interesting cases include:

QADER & OTHERS V ESURE SERVICES LIMITED [2015] EWHC B18 (TCC) (Current citation is wrong as this was an appeal in the County Court).  

Appeal as to whether Fixed Recoverable Costs apply to multi-track cases that started in the MOJ low value portal.

Dr. G v GMC 2015

Dr. G, a foreign qualified doctor, had successfully completed IElLTS, PLAB 1 & 2 and applied for provisional registration with the GMC prior to starting her Foundation Year. However, she had been given a conditional discharge on 4 counts of falsely obtaining benefits under s.112 of the Social Security Administration Act 1992.  Despite there being considerable mitigating circumstances and her declaring this on her application the GMC refused her application on the grounds that her fitness to practice was impaired.  Ian handled all aspects of the appeal and successfully argued that the conditional discharges were not 'convictions' thus fatally undermining the Assistant Registrar's decision.  The GMC re-considered the decision without the need for an appeal hearing and granted Dr G provisional registration without conditions.

R (on the application of JOANNA TRAFFORD) V BLACKPOOL BOROUGH COUNCIL [2014] EWHC 85 (Admin) 

A local authority's decision not to renew the lease of premises occupied by a firm of solicitors which represented claimants bringing claims against the local authority was vitiated by the improper exercise of discretion. The decision had not been based on a rational assessment of the relevant considerations, but had been motivated solely by retaliation against the tenant for perceived damage to the local authority's financial interests.

BOWYER V KELLOGG BROWN & ROOT (UK) LIMITED (2014) (Unreported)

High value PTSD case for a civilian electrical contractor embedded with the British Army in Iraq.  Issues included the application or otherwise of the Compensation Act 2006 as well as complex issues of duty of care for stress at work involving the interaction between the military and specialised sub-contractors in a war zone environment.

Henry v Liverpool CC (2014) (Unreported)

A further case where the Defendant's reliance on the Compensation Act 2006 to avoid a duty of care was successfully rebutted.  A school was held liable for failing to supervise a disabled pupil at a para-athlete event resulting in personal injury.

Bombis & others v Schiff, Waddicor and Allianz, 2014 Preston County Court:

3 day trial of the same Claimant involved in 2 separate car crashes, each defended on the basis of fraud – each Defendant independently of the other claimed deliberate slam on and queried the identity of the Claimants alleging phantom passengers.  Both claims fully successful and all allegations of fraud dismissed.

CHURCHILL CAR INSURANCE v VICTOR KELLY [2007] EWHC 18 (QB)

Guidance on the effect on legitimate heads of claim of putting forward some dishonest heads.

Counsel to GNER in the Selby Rail Disaster Inquest 2002.

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, Ian Skeate (2002), 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: skeate@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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