Maurice has over 25 years’ advocacy experience, having called to the Bar in Scotland 1995. He has been dual qualified since March 2019 when he also called to the Bar of England and Wales. He is Public Access registered and may accordingly accept instructions directly from members of the public in appropriate cases.
His principal areas of practice are:
- Employment Law
- Town and Country Planning
- Administrative Law
- Regulatory and
- Commercial Law
Maurice is ranked in Chambers and Partners UK Bar Directory 2021 for Planning and Environmental Law (see below). He was also ranked in the top 10 first tier of junior counsel for Employment Law in Scotland in the 2019 edition of the Legal 500.
He has appeared before the Nursing and Midwifery Council (NMC) and the SSSC, which is the body regulating social workers in Scotland.
Maurice has been a Legal Associate of the Royal Town Planning Institute since 1998. He has conducted planning inquires for developers, objectors and local authorities in relation to a number of high-profile applications. He has appeared on many occasions in the Scottish equivalent of the High Court and the Scottish Court of Appeal in relation to judicial review actions against planning authorities.
In August 2018, Maurice was admitted as a Fellow of the Chartered Institute of Arbitrators, having previously been a Member of that professional body, after passing the Fellowship Examination in Arbitral Practice and Procedure and Award Writing.
Maurice is a door tenant at 33 Bedford Row.
Maurice O'Carroll's expertise has been recognised for many years in legal directories: the current Chambers and Partners UK Bar Directory 2021 describes him as a "Seasoned junior with a substantial background in planning and environmental law. Conducts planning inquiries, judicial reviews and appeals spanning various sectors including renewable energy and residential property development." and "very user-friendly." "He is very experienced and doing a number of bigger inquiries. He has recently appeared on behalf of Argyll and Bute Council at the Blarghour wind farm inquiry to resist an application to develop 17 turbines on landscape and visual impact grounds."
Maurice has been recognised in recent editions of Legal 500 for his expertise in Employment Law: '[he is] well regarded for his expertise in handling a wide range of employment disputes' (Legal 500, 2016); as a leading junior 'very experienced in employment disputes' (Legal 500, 2017); and 'very well known for handling employment disputes' (Legal 500, 2019). In the 2019 edition, Maurice was ranked in the top 10 junior counsel for Employment Law in Scotland.
In 2010, Maurice founded the Scottish Bar Employment Law Group, which is a professional interest grouping aimed at promoting education and excellence in Employment Law in Scotland. The Employment Law Group holds an annual conference each year which hosts prestigious speakers in the field of Employment. The 2019 conference which Maurice organised had as its guest speakers the Judge of the Scottish Employment Appeal Tribunal and the Vice President of the Employment Tribunal in Scotland.
He appears for both claimants and respondents. He has recently appeared on a number of occasions for union-backed claimants in the Employment Tribunal, obtaining reinstatement and compensatory awards for unfair dismissals.
He has also conducted cases involving disability discrimination, maternity discrimination and sex discrimination under the Equalities Act 2010. He is currently advising in a whistle blowing case and also a race discrimination application before the Employment Tribunal in London.
Maurice has extensive experience in Town and Country Planning. He is ranked in the 2021 edition of Chambers and Partners UK Bar Directory for Planning and Environmental Law. He has conducted planning inquires for developers, objectors and local authorities in relation to a number of high-profile applications. Most notable among these are:
- Blarghour wind farm inquiry on behalf of Argyll and Bute Council in opposition to a proposal to build a 17 x 135.5m turbine wind farm on the Kintyre Peninsula (2020)- Killean and Clachaig Glen double planning inquiry in opposition to proposals to build two commercial wind farms on the Kintyre Peninsula (2019) - Park of Keir planning inquiry on behalf of objectors to a proposal for a Tennis Academy and housing development in the Stirlingshire Green Belt promoted by Judy Murray (2016) - Princes Street Galleries public local inquiry where Maurice acted as junior counsel in opposition to a proposal to build a shopping mall underneath Edinburgh's historic Princes Street (1998)
Maurice has also appeared on many occasions in the Scottish equivalent of the Chancery and Queen's Bench divisions of the High Court and the Scottish Court of Appeal in relation to judicial review actions against planning authorities. In 2018, he was involved in a High Court and Court of Appeal action against East Ayrshire Council following enforcement action against a wind farm developer.
He recently advised a major housing developer in relation to a disputed planning agreement in terms of the Scottish equivalent of section 106. He also recently appeared in the Court of Appeal in Scotland in relation to the validity of enforcement action by a planning authority alleging an unlawful change of use from a dwelling house to a commercial short term letting business.
Maurice is presently advising a local planning authority in relation to a wind farm appeal under the Electricity Act 1989 which went to the first ever virual inquiry in Scotland in October 2020 and is ongoing.
Maurice has recently represented clients before the Nursing and Midwifery Council (NMC) and the SSSC, which is the body regulating social workers in Scotland.
Maurice has experience in advising clients in relation to commercial leases and agreements. He has advised a local authority on its rights to recover property held on a commercial lease. He recently advised a major housing developer in relation to the validity of a planning obligation agreement.
Maurice has in the past acted as junior counsel in a four week civil trial for a Plaintiff against a professional insurance broker and obtained an award of damages in excess of £1m in the commercial court.
He has also previously advised in an action against a professional tax advisor which led to a substantial settlement.
Maurice is a Fellow of the Chartered Institute of Arbitrators (FCIArb) after passing the Fellowship Examination in Arbitral Practice and Procedure and Award Writing in 2018. Prior to that he had been a Member of the Chartered Institute of Arbitrators following a fast-track entry procedure in 2016.
In December 2015, he successfully completed the Scottish Community Mediation Centre's SCQF level 6 course in Mediation Skills.
He is a member of the Scottish Bar Alternative Dispute Resolution Service (FDRS) which is a panel of experts dedicated to Alternative Dispute Resolution at the Scottish Bar.
Maurice O'Carroll's expertise has been recognised for many years in legal directories: the current Chambers and Partners UK Bar Guide 2021 describes him as a "Seasoned junior with a substantial background in planning and environmental law. Conducts planning inquiries, judicial reviews and appeals spanning various sectors including renewable energy and residential property development." and "very user-friendly." It goes on: "He is very experienced and doing a number of bigger inquiries". He has recently appeared on behalf of Argyll and Bute Council at the Blarghour wind farm inquiry to resist an application to develop 17 turbines on landscape and visual impact grounds."
LLB (Hons) (2:1) University of Edinburgh 1988
Dip LP, University of Edinburgh 1989
Legal Associate of the Royal Town Planning Institute (LARTPI) 1998
Fellow of the Chartered Institute of Arbitrators (FCIArb) 2018
Standing Junior Counsel to the Scottish Government (equivalent to Treasury Counsel) 2003-2012
Legal Chair and Board Member of the Scottish Legal Complaints Commission (equivalent to LeO) 2011-2016
Legal Chair in the First-tier Tribunal for Scotland (Housing and Property Chamber) 2012 - present
Founder and Secretary of the Scottish Bar Employment Law Group
Vice-Chairman of the Scottish Bar Planning Group
Member of the Scottish Bar Alternative Dispute Resolution Service (FDRS)
Fluent French speaker; Italian
Maurice is accredited to accept work under the Direct Access Scheme, also known as the Public Access Scheme, in suitable cases. In order to instruct Maurice on a Direct Access basis, contact the clerks on +44 (0) 20 7242 6476 or by emailing firstname.lastname@example.org
Privacy Notice - General Data Protection Regulation
Please read the following information carefully.
This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who I share this information with, the security mechanisms I have put in place to protect your data and how to contact me in the event you need further information.
Who Am I?
I am Maurice O'Carroll, a barrister practising at 33 Bedford Row Chambers, 33 Bedford Row, London, WC1R 4JH. I collect, use and am responsible for personal information about you (personal information being any information about an individual from which that person can be identified). When I do this I am the ‘controller’ of this information for the purposes of the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018. I am registered as a data controller with the Information Commissioner's Office under reference number Z2819872. If you need to contact me about your data or the processing carried out you can use the contact details at the end of this document.
What do I do with your information?
When carrying out the provision of legal services or otherwise providing services to you I collect personal information that you provide that includes, but is not limited to, the following:
a. personal details (including copies of documents such as passports and driving licences)
b. family details
c. lifestyle and social circumstances
d. goods and services
e. financial details
f. education, training and employment details
g. other personal data relevant to, or included in, instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.
In relation to (g) such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. Where you provide such personal information to me, you confirm that you are authorised to do so. It is not reasonably practicable for me to provide to these individuals the information set out in this Privacy Notice. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.
Similarly, where you are a professional client and provide me with personal data relating to your client (including any information referenced in (f) above) you confirm that you are authorised to do so.
Information collected from other sources
The personal information I obtain may include information which has been obtained from:
other legal professionals
other professional services providers (including accountants)
experts and other witnesses
courts and tribunals
family and associates of the person whose personal information I am processing
in the event of complaints, the Head of Chambers, other members of Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
other regulatory authorities
current, past or prospective employers
education and examining bodies
business associates, professional advisers and trade bodies, e.g. the Bar Council
the general public in relation to the publication of legal judgments and decisions of courts and tribunals data processors, such as my Chambers staff, IT support staff, email providers, data storage providers
public sources, such as the press, public registers and law reports.
In particular, I may collect information from a solicitor or accountant or other professional adviser that instructs me on your behalf to provide legal services.
How I use your personal information:
Purposes I may use your personal information for the following purposes:
to provide legal services to my clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations
to keep accounting records and carry out office administration
to take or defend legal or regulatory proceedings or to exercise a lien
to respond to potential complaints or make complaints
to check for potential conflicts of interest in relation to future potential cases
to promote and market my services
to carry out anti-money laundering and terrorist financing checks
to train other barristers and pupils, and when providing work-shadowing opportunities ix. when procuring goods and services
to publish legal judgments and decisions of courts and tribunals
as required or permitted by law.
Whether information has to be provided by you, and why
If I have been instructed by you or on your behalf on a case, your personal information has to be provided to enable me to provide legal services to you, and to enable me to comply with my professional obligations, and to keep accounting records. If you do not provide the personal information requested, it may delay or prevent me providing services to you.
The legal basis for processing your personal information
I rely on the following as the lawful bases on which I collect and use your personal information:
If you have consented to the processing of your personal information, then I may process your information for the Purposes set out above to the extent to which you have consented to me doing so.
If you are a client, processing is necessary for the performance of a contract for legal services or in order to take steps at your request prior to entering into a contract.
In relation to information which is regarded as “special category data” for GDPR purposes which includes personal information revealing a person’s racial or ethnic origin, religious or philosophical beliefs or data concerning age) I rely on your consent for any processing for the purposes set out in purposes (ii), (iv), (vi) and (viii) above. I need your consent to carry out processing of this data for these purposes. However, if you do not consent to processing for purposes (iv) (responding to potential complaints) I will be unable to take your case. This is because I need to be able to retain all the material about your case until there is no prospect of a complaint.
In relation to information regarded as “special category data” for GDPR purposes I am entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for establishing, exercising or defending legal rights.
In relation to information which is not regarded as “special category data” for GDPR purposes, I rely on my legitimate interest and/or the legitimate interests of a third party in carrying out the processing for the purposes set out above.
In certain circumstances processing may be necessary in order that I can comply with a legal obligation to which I am subject (including carrying out anti-money laundering or terrorist financing checks).
The processing is necessary to publish judgments or other decisions of courts or tribunals.
Where I rely on legitimate interests as a lawful basis for processing your personal information, I will carry out a balancing test by reference to your interests and fundamental rights and freedoms. I will only use your personal information for the purposes for which I collected it, unless I reasonably consider I need to use if for another reason and that reason is compatible with the original purpose.
Who will I share your personal information with?
Other people If you are a client, some of the information you provide will be protected by legal professional privilege unless and until the information becomes public in the course of any proceedings or otherwise. As a barrister I have an obligation to keep your information confidential, except where it otherwise becomes public or is disclosed as part of the case or proceedings.
It may be necessary to share your information with the following:
other professional advisers such as other legal professionals and accountants
the staff in my Chambers
professional indemnity insurers or brokers
the general public in relation to the publication of legal judgments and decisions of courts and tribunals If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required or permitted by law.
I use a number of different service providers (acting as ‘data processors’) who provide administration and IT-related services to enable me to operate my business and provide services to clients. Your personal information is transferred to (and stored by) these data processors, who generally fall under the following categories:
Document and data storage service providers
Practice Management Service providers
IT service providers (which may include cloud-based storage providers)
Accounting service providers
Please contact me using the details at the end of this document if you want further information on specific data processors or the types of personal data they process for me.
If you would like more information about the systems operated by Chambers in acting as a data processor for me, please contact the Senior Clerk.
Transfer of your information outside the European Economic Area (EEA)
This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your data to that country outside of the EEA for that purpose.
If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this when providing initial instructions.
Some countries and organisations outside the EEA have been assessed by the European Commission and their data protection laws and procedures found to show adequate protection. The list can be found here. Most do not.
If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.
I may transfer your personal information to the following which are located outside the European Economic Area (EEA):
cloud data storage services based in the USA who have agreed to comply with the EU-U.S. Privacy Shield, in order to enable me to store your data and/or backup copies of your data so that I may access your data when they need to. The USA does not have the same data protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacyshield_en, or
cloud data storage services based in Switzerland, in order to enable me to store your data and/or backup copies of your data so that I may access your data when I need to. Switzerland does not have the same data protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://ec.europa.eu/info/law/law-topic/dataprotection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
If I decide to publish a judgment or other decision of a Court or Tribunal containing your information then this will be published to the world.
I will not otherwise transfer personal information outside the EEA except as necessary for providing legal services or for any legal proceedings.
If you would like any further information please use the contact details at the end of this document.
How long will I store your personal data?
I will normally store all your information:
until at least 1 year after the expiry of any relevant limitation period (which will usually be 6 years, but may be 12 years, or longer where the case includes information relating to a minor), from the date of completion of instructions (being the later of when the last item of work has been carried out and when the final payment for my services is received). This is because it may be needed for potential legal proceedings At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out (without further notice to you) as soon as reasonably practicable after the data is marked for deletion.
I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited to your name and contact details and the name of the case. This will not include any information that is “sensitive information” for GDPR purposes.
Information related to anti-money laundering checks will be retained until five years after the completion of the transaction or the end of the business relationship, whichever is the later;
Names and contact details held for marketing purposes will be stored indefinitely or until I or my clerks become aware or /are informed that the individual has ceased to be a potential client.
If, when reviewing the personal information I hold, I determine that it is no longer necessary for me to retain such personal information, I will take appropriate steps to either anonymise it or delete it.
(Please note that personal information does not include data where the relevant person’s identity has been removed (ie anonymous data).)
As explained above, I am relying on your explicit consent to process any of your personal information e that is “sensitive information” for GDPR purposes. You provided this consent when you agreed that I would provide legal services. In addition, there may be other circumstances in which I rely on your explicit consent to process other personal information. Where the lawful basis on which I can process your personal information is consent, you have the right to withdraw this consent at any time. If you withdraw you consent this will not affect the lawfulness of any processing activity I have carried out prior to you notifying me of the withdrawal of your consent. Further, withdrawal of your consent will not affect the lawfulness of processing on any other applicable lawful basis, (for example, if you have asked me to work for you and I have spent time on your case, you may owe me money which I will be entitled to claim). To withdraw consent, you should notify me by contacting me as set out at the end of this document.
Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:
Ask for access to your personal information and other supplementary information;
Ask for correction of mistakes in your data or to complete missing information I hold on you;
Ask for your personal information to be erased, in certain circumstances (though please note that I may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request).
Receive a copy of the personal information you have provided to me or have this information sent to a third party (note this applies to certain data only). This will be provided to you or the third party in a structured, commonly used and machine readable format,
Object at any time to processing of your personal information for direct marketing;
Object in certain other situations to the continued processing of your personal information;
Restrict my processing of your personal information in certain circumstances;
Request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way. If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual's rights under the GDPR.
If you want to exercise any of these rights, please contact me using the contact details at the end of this document. Please provide a contact address so that you can be contacted to request further information to verify your identity and in addition:
Provide proof of your identity and address;
State the right or rights that you wish to exercise. I may also need to ask you to provide other information to help me confirm your identity. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. I will try to respond to all legitimate requests quickly, but in any event within one month. If your request is particularly complex or you have made a number of requests, it may take me longer than one month. In this case, I will notify you and keep you updated.
Keeping your data secure
I use reasonable technical and organisational security measures to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way. In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and are subject to a duty of confidentiality.
How to make a complaint?
The GDPR also gives you the right to lodge a complaint with the Information Commissioners’ Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of data protection laws occurred. The Information Commissioner’s Office can be contacted at http://ico.org.uk/concerns/.
I do not intend to process your personal information except for the reasons and purposes stated within this privacy notice. If this changes, this privacy notice will be amended and placed on Chambers website.
Changes to this privacy notice
This privacy notice was published on 19 August 2020. I may change this policy from time to time. When I do it will be placed on Chambers website.
If you have any questions about this privacy notice or the information I hold about you, please contact me or my clerks. The best way to contact me is to write to me at my Chambers address (33 Bedford Row, London, WC1R 4JH) or contact my clerks by email at email@example.com or by telephone at +44 (0) 20 7242 6476.
Maurice O’Carroll's entry on the Barrister Register can be viewed here.
The Legal Ombudsman's decision data website can be found here.
Maurice O’Carroll is regulated by the Bar Standards Board.
Professional, licensed access and/or lay clients may contact Maurice O’Carroll through the 33 Bedford Row clerks, to obtain a quotation for legal services. Contact details are:
Clerks@33bedfordrow.co.uk Tel: 0207 242 6476
Maurice O’Carroll's most commonly used pricing models, are:
(1) for specific hearings - a fixed fee; (2) for other work - hourly rates.
Maurice’s fees are based around an hourly rate of £250-£300 plus VAT per hour. This is indicative only and may vary depending various factors. Please ask for a quotation. Factors influencing the hourly rate, will include:
(1) complexity and nature of the work; (2) timescales for work and the need for out of office hours work; (3) sum in issue; (4) location of any hearings or conferences;
Typically, the above fixed fee or hourly rates will cover all the fees. However, where there are additional costs, these are likely to be:
(1) travel costs to and from a location; for instance, a court or a conference held away from 33 Bedford Row Chambers in London. These are likely to be standard class train fare/reasonable petrol costs;
(2) hotel costs, for the cost of staying overnight for the purpose of attending court hearing(s) and/or a conference held away from 33 Bedford Row Chambers in London. These will be reasonable hotel costs.
There should be agreement about whether these costs are including in the fee or are additional to the fee quoted.
Maurice is VAT registered and VAT is charged on his fees, where applicable. Maurice's VAT number is available on reasonable request.
The areas of practice in which he most commonly provides legal services, are disputes involving:
(1) Employment; (2) Town and Country Planning; (3) Professional regulation; (4) Arbitration.
His most commonly provided legal services are:
(1) Representation in court; (2) Advising in conference; and (3) Drafting opinions, written court pleadings and other formal documents;
The key stages to his instruction are likely to be:
(1) receipt of documentation from the client; (2) discussion between clerk and client, about the fee, scope of the work and timescales for the work; (3) agreeing a Client Care Letter/Public Access Agreement, signing and payment of the fee; (4) holding a conference (whether in person or remotely) with the client (if applicable); (5) drafting documentation and/or preparing for the hearing (as applicable); (6) supplying the drafted documentation to the client and/or the court/other side, and/or attending the hearing (as applicable); (7) discussion about the documentation, or about the outcome of the hearing.
Typically, the above will be carried out over the course of a few weeks, but timescales will vary. The factors which might influence the timescales for his most commonly provided legal services, are:
(1) complexity of the task; (2) availability of all the documentation; (3) availability of additional information from the client; (4) amount of papers that needs to be read; (5) time taken to hold a conference with the client (if necessary); and (6) the workload in the particular case and the workload of other cases in the barrister's practice.
Maurice accepts Direct Access and Public Access work. However, he is not authorised to 'conduct litigation' as a solicitor can. While Maurice can draft documents, and advise and guide a Direct Access/Public Access client, the Direct Access/Public Access client will need to issue proceedings, file documents at court, and serve documents on other parties themselves. The scope of his services should be discussed with his clerk.
A website called Legal Choices is run by the frontline legal regulators. It can be a good source of information for those looking to instruct a lawyer.
Maurice has professional indemnity insurance cover for all types of legal services he supplies to the public and businesses.
Maurice is registered with the Information Commissioner’s Office (ICO): Z2819872