Crispin advises and represents clients in a full range of civil and commercial disputes. He accepts instructions in chancery, civil and commercial law and has particular expertise in insolvency work. He appears regularly in courts and tribunals at both County Court and High Court level and can provide second, independent opinions where litigation at first instances has gone wrong.
Before qualifying as a barrister, Crispin practised as a certified accountant with PricewaterhouseCoopers and qualified as a licensed insolvency practitioner. In the last 12 months he has acted for a number of debtors and creditors in insolvency proceedings (including a case in the Court of Appeal. This wide-ranging commercial background is reflected in the cases Crispin undertakes, which include company-based litigation, directors' duties and disqualifications, partnership disputes, insolvency issues, contractual and insurer disputes. He is fully familiar with consumer credit litigation and cases involving remedies under the Trusts of Land and Appointment of Trustees Act 1996.
Crispin's background and experience makes him well placed to deal with asset recovery, whistleblowing and general employment issues. Crispin is always sensitive to commercial context and is valued for his ability to risk-assess each stage of litigation and to explain the full range of options at each stage of litigation or anticipated litigation. Crispin's clients value his cost-effective, commercially aware approach to client care.
As well as his general commercial caseload, Crispin has developed a niche practice in the area of child support disputes. For many years he has been instructed by government departments in cases that have gone before the courts, but he also accepts instruction on behalf of individuals affected by the litigation.
W v L Successfully defended director of insolvent company from claim from Liquidator for contribution to company’s assets. X v Department for Business Skill and Innovation Successfully acted for disqualified director in obtaining permission to act as a director during the period of his disqualification.
S v A Acted for company in delaying winding-up petition to allow company to be placed into administration in opposition to the desire of secured creditor. Multi-million pound claim.
S v S Acted for company in defeating application to restrain presentation of winding-up petition and obtained winding-up order in subsequent proceedings. Multi-million pound claim arising from marital breakdown CSA v W Advised paying parent on application to 1st tier and 2nd tier tribunals regarding the nature of a disability pension and whether it was subject to maintenance calculation CSA v K Advised paying parent on successful appeal against a final lump sum deduction order obtaining return of funds and substantial costs from CSA
MA Hons (St Andrews) 1987 Qualified as a member of the Chartered Association of Certified Accountants (“ACCA”) (1991) Obtained Insolvency Licence (1994) Assistant examiner Joint Insolvency Examination Board (“JIEB”) (1993-5) Occasional lecturer Society of Practitioners in Insolvency (1993-9) Fellow of the Chartered Association of Certified Accountants (“FCCA”) (1998) Fellow of the Society of Practitioners of Insolvency (“FSPI”) (1999) Postgraduate Diploma in Law (Kingston University) 2003
Crispin is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Crispin on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.
Privacy Notice
Privacy Notice - General Data Protection Regulation – Crispin Hayhoe
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?
Crispin Hayhoe 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
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:
Purposes I may use your personal information for the following purposes:
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:
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.
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 on the European Commission website. 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):
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 (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 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
This privacy notice was published on 28 August 2019 and last updated on 28 May 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.
Crispin Hayhoe's entry on the Barrister Register can be viewed here.
The Legal Ombudsman's decision data website can be found here.
Crispin Hayhoe is regulated by the Bar Standards Board.
Professional, licensed access and/or lay clients may contact Crispin Hayhoe, through the 33 Bedford Row clerks, to obtain a quotation for legal services. Contact details are:
Clerks@33bedfordrow.co.uk 0207 242 6476
Crispin Hayhoe's most commonly used pricing models, are:
(1) for specific hearings - a fixed fee; (2) for other work - hourly rates.
Crispin's fees are based around an hourly rate of £225 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.
Crispin is VAT registered and VAT is charged on his fees, where applicable. Crispin's VAT number is available on reasonable request.
The areas of practice in which he most commonly provides legal services, are disputes involving:
(1) Personal Insolvency and Corporate Insolvency; (2) Contract Disputes; (3) Disputes involving Motor Cars; (4) Companies; (5) Child Support; (6) Personal Injury; (6) Property.
His most commonly provided legal services are:
(1) Representation in court; (2) Advising in conference; and (3) Drafting letters/witness statements/court applications;
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 on the telephone) 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); (6) the workload in the particular case and the workload of other cases in the barrister's practice.
Crispin accepts Direct Access and Public Access work. However, he is not authorised to 'conduct litigation' as a solicitor can. While Crispin 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.
Crispin has professional indemnity insurance cover for all types of legal services he supplies to the public and businesses.
Crispin is registered with the Information Commissioner’s Office (ICO)