Experience

James Holdsworth is instructed in a wide range of common law and commercial work including personal injury and professional negligence cases of all kinds but predominantly those involving the medical profession, surveyors, brokers and solicitors. He undertakes insurance work of all kinds including that involving fraud. He has also been involved in a number of cases involving ABTA members including accident and insurance claims.

He was appointed as one of the Junior Counsel to the Crown in civil matters in 1986 (Supplementary Panel). Work for the Government has included mainly judicial review applications in immigration and planning. He represented the Nuclear Installations Inspectorate in a yearlong inquiry into the building of a nuclear power station at Hinkley Point. He also represented the fire services in the civil action arising out of the Bradford Football Club fire disaster.

Education

Oxford University

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Privacy Notice

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I  collect about you, how it is used and shared, and your rights regarding it.

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London, EC4Y 9DA and my registration number is Z3102139.

Data Collection

The vast majority of the information that I hold about you is provided to or gathered by us in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it.

Lawful Basis for processing your information

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

My Lawful Basis is:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • The legitimate interests of myself, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject – I  use people’s data in ways they would reasonably expect and which have a minimal privacy impact, and/or where there is a compelling justification for the processing (being related to their pursuit or defence of litigation or other legal processes).

I use your information to:

  • Provide legal advice and representation
  • Assist in training pupils and mini-pupils
  • Investigate and address your concerns;
  • Investigate or address legal proceedings relating to your use of my services/products, or as otherwise allowed by applicable law;

I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Client Data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information
  • Medical Records
  • Criminal Records

I may share your personal data with:

  • Instructing solicitors
  • Pupil or mini pupil, under my training
  • Opposing Counsel, for the purposes of resolving the case
  • My Chambers management and staff who provide administrative services
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
  • Any other party where I ask you and you consent to the sharing.

Transfers to third countries and international organisations

I do not transfer any personal data to third countries or international organisations.

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as claim or dispute;
  • I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me at Chambers (address above).

Marketing Opt-Outs

You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

Cookies

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website use cookies to:

  • Validate users;
  • Remember user preferences and settings;
  • Determine frequency of accessing our content;
  • Measure the effectiveness of advertising campaigns; and
  • Analyse site visits and trends.

I will occasionally update my Privacy Notice. When I make significant changes, I will notify you of these through either mail or email. I will also publish the updated Notice on my website profile.