Barry Cawsey was called to the Bar in 2001 and is an experienced Barrister with a nationwide practice in several areas of law. He practices in both the High Court of Justice, Business and Property Court, and County Court. Barry is known for his rigorous case analysis and preparation, his ability to handle complex cases on short notice, and his approachable nature with clients. He works to ensure clients receive the best value for their money throughout the court process. He is particularly skilled in negotiating settlement agreements and conducting mediations. In court, his cross-examination skills are described as first class, penetrative, and incisive. Barry is approved by the Bar Council to accept direct/public access instructions and to conduct litigation, in which he is highly experienced.
Barry advises and represents clients in matters of unincorporated associations/club law. Recent cases include advising and representation of clients excluded from a religion-based community organization, culminating in a multi-day trial in the High Court. He also advised and represented clients excluded from a dance academy , and a client accused of unlawfully excluding members from a religion-based organization.
He also handles general common law matters , including representation in a multi-day trial concerning allegations of harassment and a multi-day trial concerning damage caused by a falling tree. He advises and represents in multi-day trials concerning civil actions against the police, including wrongful arrest, assault, and false imprisonment.
Regarding Company & partnerships, recent cases include advising and representation in a dispute concerning a multi-million pound care home business , and representation at a multi-day High Court trial in a dispute over shares in a business. He also advised and represented a client in a dispute with HMRC over liability for VAT payments , a client seeking to apply a statutory demand to a historical debt , and in a partnership dispute concerning a beautician partnership.
Barry also handles proceedings for contempt of court, including 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 the Legal Services Act 2007.
Barry Cawsey advises on and represents clients in matters of residential Landlord & Tenant Law and defective premises.
Barry's recent consumer law cases include advising on and drafting Particulars of Claim under the Consumer Rights Act 2015 for damages related to the sale of a defective Range Rover, a defective wind turbine, and defective flooring. He also advised and provided representation in a dispute concerning the quality and fitness for purpose in the sale of a horse.
Barry's recent commercial law and commercial landlord & tenant law cases include advising on law and procedure regarding the reasonableness of service charges for a multi-tenanted property in Knightsbridge. Barry also advised and drafted a Claim Form and Particulars of Claim for a relief from forfeiture application after a landlord re-entered business premises. Barry provided representation at a multi-day trial in a dispute over the ownership of company assets. Other cases include advising and representation in a dispute over the fraudulent sale of a high-value motor car and in proceedings concerning injunctive relief against a company director.
Recent property cases include advising and drafting a Defence and Counterclaim in a Trusts of Family Home dispute regarding whether a Claimant had abandoned their interest in the property. He advised on the viability of a claim for adverse possession of land. Barry also provided representation in a multi-track trial over several days concerning a boundary dispute between neighbours, where adverse possession was claimed. He represented clients in the First Tier Tribunal Property Chamber in a dispute over the line of a boundary fence. Additionally, he advised and represented in a multi-day trial regarding the liability to repair a retaining wall between neighboring properties.
Recent building and construction law cases include advising clients in a lengthy, high-value construction dispute that culminated in a multi-day High Court trial involving the cross-examination of several expert witnesses. He also advised and represented a building firm in a dispute over the fitness for purpose of a micro cement floor. Barry advised and provided representation at trial in a dispute over the construction of an equestrian arena , and for builder clients regarding allegations concerning an allegedly defective building renovation project. He also advised and represented clients in a claim against a builder for defective works.
Barry's recent professional negligence cases include representation in a multi-day trial concerning allegations of breach of duty against a financial advisor related to an alleged 'Ponzi' Scheme. He also advised and provided representation in a dispute concerning the negligence of a landlord's agent.
Featured Cases
Haque v Faradhi [2023] EWHC 1135 (KB): Barry represented the Claimants in a case concerning whether their expulsion from a faith-based unincorporated association breached the principles of natural justice.
Martell v Roszkowski [2024] EWHC 840 (TCC): He represented building contractors who constructed a defective basement.
Baxter v Doble [2021] EWHC 2959 (QB): Barry represented a legal executive in contempt of court proceedings arising from allegations of carrying out acts amounting to the conduct of litigation, contrary to s.12 Legal Services Act 2007.