Joseph Giret KC

Joseph Giret KC

Barrister
Membership Status: Barrister - Full Member Called in 1985 Appointed QC 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

Described in court as an “Iron fist in a velvet glove”, Legal 500 says Joseph Giret “puts people at ease exceptionally easily”. His practice is a blend of advisory, drafting and court appearances through litigation. Qualified under the Direct Public Access scheme., Joseph accepts instructions directly from members of the public and professional clients.

With 35 years of experience, Joseph puts his clients’ best interests front and centre. A problem solver, he delivers sensible and appropriate solutions whilst being “one of the most approachable and friendly QC’s we have had the pleasure to instruct”. 

  • “Exemplary technical and analytical skills”
  • “Excellent choice of barrister for sensitive complex commercial litigation”
  • “His skills in presenting the case were sublime… assertive, succinct and shrewd”

Joseph has lived and worked in the offshore jurisdiction of Bermuda, which operates under an American-style fused profession model. While in Bermuda, he has worked closely with attorneys from the USA and with very high net worth company representatives.

Areas of law

Joseph enjoys a formidable reputation for his civil and commercial expertise, which includes:

  • Business and Commercial/Chancery Commercial/Company and Partnership disputes
  • Intellectual Property
  • Professional Discipline & Professional Negligence 
  • Civil and Criminal Fraud investigations 
  • Allegations including FCA instituted proceedings
  • Alternative Dispute Resolution and Mediation
  • Sports disputes of every type and nature

Commercial

Recognised by the Legal 500 as a leading commercial silk, Joseph is a specialist commercial law barrister with an emphasis on insolvency law and company law. He has particular experience advising and representing clients in a wide range of high-value commercial disputes, breach of contract, trademark disputes and franchise agreements. His experience also extends to advising and representing legal and financial professionals in claims for liability.

Joseph welcomes instructions across the following areas:

  • Company and partnership disputes
  • Insolvency and bankruptcy
  • Trademark disputes
  • Franchise agreements
  • Professional liability claims

Recent disputes

Joseph frequently undertakes drafting and advisory work in multi-million-pound claims, including:

  • A claim brought by a Hong Kong-based company in a dispute over the construction of a profit-sharing contract and franchise agreement
  • A high-value claim by a firm of solicitors against a former partner and director for breach of fiduciary duties under both common law and statute as a company director
  • Acted for a partnership of medical professionals in an acrimonious dispute over the terms of their partnership agreement 

Public and Regulatory

Joseph's experience includes all types of regulatory disputes, advising on regulatory aspects of sports law, the Royal Pharmaceutical Society and The GMC. He has had the conduct of disputes with HMRC offences (VAT, Company Act and Tax issues), insider share dealings, as well as fraud, bribery and corruption allegations. He is a highly experienced yachtsman with experience in marine law issues.

Recent disputes

  • Acting for the defendants £1.5m claim brought before the Queens Bench Division by the HMRC in a claim for under-declared profits and siphoning off cash into property purchases. The matter was successfully resolved before the commencement of a 15-day trial by negotiating a satisfactory compromise and settlement

Joseph leads legal teams in lengthy and complex trials, acting at every tribunal level. He also acts for parties involved in mediation and arbitration.

Memberships

  • Leading Silk 2022 - Legal 500 rankings
  • Bar Council
  • Association of Regulatory & Disciplinary Lawyers
  • British Association of Sports Lawyers
  • London Common Law and Commercial Bar Association
  • Civil Mediation Council
  • Society of Mediators

Areas of Law

Joseph Giret KC is happy to accept instructions as counsel who is:

  • Public Access Accredited
  • Business & Commercial Law
  • Consumer Contracts
  • Professional Negligence
  • Professional Regulation
  • Public & Administrative Law
  • Land & Property
  • Business & Commercial Law
  • Consumer Contracts

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

Cases and Publications

Notable recent cases in brief [names given only by initial for privacy and confidentiality]

  • FCA -v- R.M - Advising and acting for a client charged with contravention of financial regulations in an action brought by FCA on behalf of shareholders. £5M claim.
  • HM -v- OL - Shareholders dispute and breaches of Director's duties arising from a residents’ management company and association.
  • W.I + S.I -v- TW - $20M claim for repayment of investment sums obtained by fraud, in respect of a high net worth building project in Brazil that failed. Linked Claims filed in the USA.
  • P Ltd and S.T + B.M - Claim against former employee and Iraqi national for restoration of monies taken as part of a sophisticated fraud on Iraqi employer; monies hidden in 40 separate accounts, including several in Iraq.
  • N.M -v- Crystal Palace FC - Claim by former Education supplier to young and aspiring academy players for breach of employment contract.
  • D.H + N.H -v- S+HB+P Ltd - Family business / shareholders dispute over entitlements and construction of shareholders agreements.
  • Acted on behalf of the Bermuda Royal Gaming Commission against former whistleblower employee; Injunction obtained to be served out of the jurisdiction [USA]; object to prevent further disclosures in contravention of employment contract; high level Governmental concerns about highly confidential information being made public and wrecking a scheme to bring Casinos to Bermuda.
  • Acted for a party in group litigation brought by car purchasers against the Volkswagen Company for misrepresentation and breaches of emissions regulations, known as “emissions cheating”.

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=514

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

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, Joseph Giret KC, 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: joseph.giretqc@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/

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

Barristers: 01823 247 247 Mediators: 01823 704 099