James Fraczyk

  • Year of Call 2013

Introduction

James’ main areas of expertise are in general civil law, public law (including immigration) and EU law. He is also registered to undertake direct access work and has received instructions on that basis.

In 2018 he was appointed by the Attorney General as Junior Treasury Counsel. Consequently, from an early stage in his career he has undertaken a substantial amount of oral and written advocacy before senior judges, in addition to advising the UK government on a range of matters (including some with strategic ramifications). He also has a breadth of experience across numerous jurisdictions.

Shortly after being called to the Bar he was appointed for seven months as the Judicial Assistant to Lady Justice Arden (as she then was) in the Court of Appeal, which included assisting the LJ in her capacity as Head of International Judicial Relations for England & Wales. He worked on a variety of cases ranging from large-scale competition, tax and commercial disputes, to public law, human rights and immigration matters.

In 2012 he was also a brief Stagiaire to Advocate General Sharpston at the CJEU in Luxembourg. He drafted court documents including, for example, in Case C-258/11 Sweetman v An Bord Pleanála – a seminal planning/environmental law case concerned with Article 6 of the Habitats Directive.

Qualifications

Awards & Prizes

 

Civil

James regularly undertakes work across a broad range of civil matters. He has experience with multi track claims, fast track trials, small claims, CCMCs, applications, interlocutory hearings, and drafting.

He also has experience of representing and advising various government bodies and office-holders, including the: Lord Chancellor; Secretary of State for the Home Department; Ministry of Justice; DEFRA; Environment Agency; Department for Transport; Highways England; and Department for Work and Pensions.

Examples of his work include:

Planning & Environment

James has substantial experience with High Court proceedings, including judicial review. Specific examples of his experience with environmental law and planning include:

Commercial

James’ experience with commercial cases to date includes:

 

Regulatory

James has experience of regulatory matters in both the civil and criminal context. Examples of his work include:

Personal Injury

James is regularly instructed in personal injury matters. His experience to date is predominantly in the context of RTAs, accidents at work and psychiatric injury. He has experience with multi track claims, fast track trials, small claims, CCMCs and drafting. Examples of his work include: 

Professional Negligence

James has experience with drafting and advising in a number of professional negligence matters (including against solicitors and OISC advisers).

Arbitration & Mediation

James qualified as a fellow with the Chartered Institute of Arbitrators in 2020. Accordingly, he is familiar with the New York Convention, in addition to the UNCITRAL Model Law and Rules. His knowledge base is in the context of international commercial disputes.

Licensing

James is experienced with licensing cases. Examples of his work include:

Immigration & Nationality

James has substantial experience in the sphere of immigration law, including both for claimants and the SSHD (which enables him to analyse and argue cases with a much greater degree of insight than would otherwise be the case). He has appeared in the FTT, UT, High Court and Court of Appeal.

Examples of his work include:

Inquests

James is instructed on inquests relating to deaths in state custody. He has appeared before senior coroners, including when sitting with a jury. The most extensive matter he has been instructed on as sole Counsel, to date, lasted one week and involved multiple interested parties and witnesses. It centred on a variety of issues surrounding Tramadol intoxication.

Care & Supervision

James was led in the case of AG [2015] EWCOP 78, which concerned the lawfulness of removing a mentally-impaired adult from her mother’s care in the absence of a fact-find hearing.

Prison & Parole Boards

James has represented prisoners successfully in both Parole Board hearings and in the High Court.

Notable Cases

Court of Appeal

 

High Court

 

Court of Protection

Direct Access

James is Direct Access qualified and has received numerous instructions on that basis.

Appointments

 

 

Privacy Notice

Privacy Notice - General Data Protection Regulation – James Fraczyk

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?

James Fraczyk is 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. 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?

Information collected

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; and

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:

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:

I may use your personal information for the following purposes:

  1. to provide legal services to my clients, including the provision of legal advice and representation in courts, tribunals, arbitrations, and mediations;

  2. to keep accounting records and carry out office administration;

  3. to take or defend legal or regulatory proceedings or to exercise a lien;

  4. to respond to potential complaints or make complaints;

  5. to check for potential conflicts of interest in relation to future potential cases;

  6. to promote and market my services;

  7. to carry out anti-money laundering and terrorist financing checks;

  8. to train other barristers and pupils, and when providing work-shadowing opportunities ;

  9. when procuring goods and services;

  10. to publish legal judgments and decisions of courts and tribunals;

  11. 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:

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?

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:

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. 

Data Processing

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:

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.

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.

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:

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).

Consent

As explained above, I am relying on your explicit consent to process any of your personal information 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.

Your Rights

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:

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:

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.

Marketing Emails

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, telephone or post about invitation to seminars and similar events.  You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

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/

Future Processing

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

I may change this policy from time to time. When I do it will be placed on Chambers website. 

Contact Details

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 clerks@33bedfordrow.co.uk or by telephone at  +44 (0) 20 7242 6476.