Lara Hicks

  • Year of Call 2015

Introduction

Lara is a sought after civil practitioner with a wealth of experience in dealing with shipping and property related disputes, in particular. For over a decade prior to being called to the Bar in 2015, Lara was in practice as a solicitor.

Lara has a rich and varied legal background. In 2003 she qualified in South Africa as an attorney, conveyancer and notary public. She emigrated to England and in 2004 qualified as an English solicitor. She also qualified as a notary public of England & Wales in 2008. Lara commenced practice in England working with a large regional firm, specialising in property law.  She then extended her practice into the niche area of shipping, working in the City for almost a decade.

Lara obtained higher rights of audience in April 2015 and was called to the Bar six months later.

As a property specialist with broad experience and expertise largely in Landlord & Tenant and Real Property, Lara offers expedient advice and robust advocacy before the courts and tribunals.

Within her maritime and commodities practice, Lara adopts a commercial approach when dealing with disputes, with her clients’ best interests always at the forefront of her mind.

She accepts instructions from solicitors but is also fully accredited by the Bar Standards Board to accept instructions direct from individuals and businesses including shipowners, charterers, insurers and traders.

Shipping

Lara has experience dealing with all aspects of shipping and maritime disputes before arbitration tribunals and the courts. She has also been actively involved in mediating disputes. She has particular expertise dealing with charterparty and commodity disputes.

Lara receives instructions from solicitors, owners, charterers, commodity traders and P&I Clubs. She has delivered seminars on current developments in maritime law to P&I Clubs and has written numerous articles for their publications.

Some of Lara's experience includes the following:

Property

Lara’s property experience is broad: she has extensive experience dealing with Landlord and Tenant and Real Property, the former including possession actions, disrepair claims, service charges, business rates, housing, dilapidations, injunctions and business tenancies. Lara has efficiently and effectively dealt with disputes relating to trusts of land, co-ownership, adverse possession, Party Walls, boundary disputes, nuisance, licences and easements.

She has experience in the High Court, before appeal courts and in county courts, as well as before Tribunals.

Some of Lara's recent successes include:

Contract

Lara deals with a wide range of contractual disputes. Her practice focuses on real property, including building and construction, property management, tenancy issues, party wall and boundary disputes.

In addition, she deals with maritime and commodity litigation and disputes subject to FOSFA Rules and under the LMAA Terms, to name a couple. Disputes under charterparties and Bills of Lading, ship arrests, MOA disputes and Admiralty cases.

Lara's experience includes:

Arbitration & Mediation

Lara has handled numerous arbitrations conducted under a wide variety of arbitration rules (including LMAA, GAFTA and FOSFA).

She has also been involved in mediations.

Insurance

Lara deals with commercial and private insurance disputes arising in all areas. Coming from a family background in insurance, she specialised in insurance law at University obtaining a first-class pass.

She has represented marine insurers and P & I Clubs whilst in practice as a shipping solicitor and continues to act for insurers and P & I Clubs as a barrister.

 

Publications

Article published on the apportionment of damages in shipping collision cases in the Annual Report of a large insurer.

Seminars

Lara has presented seminars to a number of P & I Clubs on various shipping related topics, including the correct measure of damages in time charterparty disputes, mitigation of damages and time bars.

Qualifications

Bachelor of Commerce, University of Cape Town.
Bachelor of Laws, University of Cape Town [Dean's Merit List].
Postgraduate Diploma in Notarial Practice, University of Cambridge.

Memberships

Chancery Bar Association
Property Bar Association
London Maritime Arbitrators Association - LMAA
London Maritime Arbitrators Association (supporting member)
Admiralty Bar Group
London Shipping Law Centre

Testimonials

Some of Lara's testimonials include the following:
 

Awards & Prizes

Direct Access

Lara is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Lara on a Direct access basis, please contact her clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.

Transparency Information

Lara's details can be found on the Barrister Register. She is regulated by the Bar Standards Board.

The Legal Ombudsman's decision data website can be found here.

Lara's most commonly used pricing models, are:

(1) for specific hearings - a fixed fee plus vat; 
(2) for other work - hourly rates plus vat.

The areas of practice in which she most commonly provides legal services, are contentious and non-contentious matters relating to:

(1) Property law;

(2) Maritime law;

(3) Personal injury and 

(4) General contractual issues.

Her most commonly provided legal services are:

(1) Representation in court and before tribunals;

(2) Advising in conference and

(3) Drafting court documents, advices and settlement correspondence.

Factors which may influence the timescales for Lara's most commonly provided legal services are:

(1) How complex the matter is;

(2) The amount of papers to review;

(3) Whether all relevant documents are available and/or need to be sourced, and how long that may take;

(4) The speed at which instructions and/or information is provided.

GDPR Notice

Privacy Notice - General Data Protection Regulation – Lara McDonnell

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 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 I collect personal information that you provide that may include, 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 and information

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:

How I use your personal information:

I may use your personal information for the following purposes:

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. I need your consent to carry out processing of this data for these purposes. If you do not consent to processing for purposes of 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?

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 parties and institutions:

During my first three years of practice, the Bar Standards Board requires there to be a “relevant qualified person” in Chambers to provide me with guidance in relation to the provision of legal services and I may therefore need to share personal information with that qualified person in order to obtain such guidance. In all such cases, the other member of Chambers will be required to respect the terms of this policy and to treat your information as confidential. 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 legal  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.

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.

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):

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 (i.e. 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 utilising 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

This privacy notice is up to date as at 15 August 2019. 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.