Called to the Bar in 2001, Barry is a very experienced Barrister with a nationwide practice in several practice areas in both the High Court of Justice, Business and Property Court and County Court.
Barry is rigorous and thorough in his case analysis and preparation and is able to deal with complex cases at short notice. He is very approachable with both professional and lay clients and maintains excellent working relationships over the progression of a case. He works to ensure his clients obtain the best value for their money invested at each stage of the court process. He is particularly adept in the negotiation of settlement agreements and the conduct of mediations.
In court his cross-examination skills are first class, penetrative and incisive. He is known for his production of clear, concise and focussed submissions on law and fact, both orally and in writing.
He is approved by the Bar Council to accept direct/public access instructions and to conduct litigation and is extremely experienced in doing so.
Consumer law
Recent cases include:
Advising on and drafting Particulars of Claim in various cases under Consumer Rights Act 2015 in relation to: damages from the sale of a defective Range Rover; damages from the sale of a defective wind turbine; damages from the sale and installation of defective flooring.
Advising and representation in a dispute over the quality and fitness for purpose in the sale of a horse.
Mortgages & lending, unregulated lending, consumer credit act matters
Recent cases include:
Representation at a multi-day trial in claim concerning the enforceability of unregulated bridging loan borrowing, where the default interest rate provision was found to be an unenforceable penalty clause.
Commercial law/commercial landlord & tenant law
Recent cases include:
Advising as to law and procedure in claim as to reasonableness of service charges concerning multi tenanted property in Knightsbridge;
Advising and drafting Claim Form and Particulars of Claim for a relief from forfeiture application after landlord re-entered business premises.
Representation at a multi-day trial in a dispute over ownership of company assets.
Advising and representation in a dispute over the fraudulent sale of a high value motor car;
Advising and representation in proceedings concerning injunctive relief against a company director.
Unincorporated associations/club law
Recent cases include:
Advising and representation of clients excluded from a religion-based community organisation, culminating in a multi-day trial in the High Court;
Advising and representation of clients excluded from a dance academy;
Advising and representation of a client accused of unlawfully excluding members from a religion-based organisation.
Featured cases
- Haque v Faradhi [2023] EWHC 1135 (KB)-represented the Claimants in a case concerning whether their expulsion from a faith based unincorporated association breached the principles of natural justice
Property
Recent cases include:
Advising and Drafting a Defence and Counterclaim regarding a Trusts of Family Home dispute, where the issue was whether the Claimant had abandoned his interest in the property;
Advising on whether the client had a viable claim for adverse possession of land;
Representation in multi-track trial over several days in relation to a boundary dispute between neighbours, where adverse possession claimed;
Representation in First Tier Tribunal Property Chamber in dispute over the line of the boundary fence between neighbours;
Advising and representation in a multi-day trial concerning the liability to repair a retaining wall between neighbouring properties.
Building and construction law
Recent cases include:
Advising clients in a lengthy, high value construction dispute, culminating in a multiday trial in the High Court, involving cross examination of several expert witnesses;
Advising and representing building firm in dispute over fitness for purpose of a micro cement floor;
Advising and representation at trial in a dispute over the construction of an equestrian arena;
Advising and representation of builder clients in relation to allegations concerning an allegedly defective building renovation project.
Advising and representation of clients in a claim against a builder for defective works.
Featured cases
- Martell v Roszkowski [2024] EWHC 840 (TCC) – represented building contractors who constructed a defective basement
Professional negligence
Representation in a multi-day trial concerning allegations of breach of duty against a financial advisor, concerning an alleged ‘Ponzi ‘Scheme.
Advising and representation in a dispute concerning the negligence of a landlord’s agent.
Company & partnerships
Recent cases include:
Advising and representation in a dispute concerning a multi-million pound care home business.
Representation at a multi-day High Court trial in a dispute over shares in a business.
Advising and representation of a client in a dispute with HMRC over liability for VAT payments.
Advising and representation of a client seeking to apply a statutory demand to a historical debt;
Advising and representation in a partnership dispute concerning a beautician partnership;
Proceedings for contempt of court
Advising, drafting and representation in a High Court claim concerning the committal for contempt of court of a legal executive accused of unlawfully conducting litigation in breach of Legal Services Act 2007.
Featured cases
- Baxter v Doble [2021] EWHC 2959 (QB)- represented a legal executive in contempt of court proceedings arising out of allegations of carrying out acts amounting to the conduct of litigation, contrary to s.12 Legal Services Act 2007
General common law matters
Representation in a multi-day trial in a matter concerning allegations of harassment.
Representation in a multi-day trial concerning damage caused by falling tree.
Advising and representation in matters of residential Landlord & Tenant Law and defective premises.
Advising and representation in multi day trials concerning civil actions against the police; wrongful arrest, assault, false imprisonment.
This is the Privacy Policy for:
Barrister: Barry Cawsey
Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR
The Purposes for which Personal Data is Processed:
Personal data will be processed in order to enable the provision of legal services, ie:
- advice;
- representation in court;
- the drafting of legal documents.
It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.
The Lawful Basis for Processing Personal Data
In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:
- it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
- it is necessary for the purposes of providing legal services.
Special Categories of Personal Data
It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.
Who will receive Personal Data
The recipients of the personal data processed will be:
- instructing solicitors and clients;
- courts and other tribunals to which documents are presented;
- witnesses and potential witnesses, including expert witnesses;
- other barristers, pupil barristers and other legal representatives;
- regulatory authorities.
Retention Periods for Personal Data
Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.
The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.
International Data Transfers
In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.
Individual’s Rights
If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.
If you wish to exercise these rights, please use the contact details above.
If you have unresolved concerns you also have the right to complain to data protection authorities.