Andrew Shaw


BarristerCall 2001

Andrew joined chambers in 2003. Andrew is a skilled and experienced advocate, who practices in a wide area of family law cases, including public and private law applications concerning children, and also Court of Protection and financial matters.

Andrew’s key strength is his dynamic and adaptable approach towards litigation and the court environment. Clients benefit from his straightforward manner and his frank, detailed advice, which is tailored to the individual’s needs. He has experience in conducting lengthy, serious and complex fact-finding hearings, final hearings and appeals, as well as interim hearings and interlocutory applications.

Andrew is frequently instructed in a wide range of private children law cases, including child arrangement applications, international and internal relocation, and abduction proceedings, including applications under the Hague Convention.

Andrew is qualified to accept instructions under the Direct Public Access Scheme, and regularly undertakes this work.

He was educated at the University of the West of England, where he gained his Honours degree in law. During his degree, Andrew separately studied modules in computer science and, as one of his electives, he specialised in forensic science (which included biology, pharmacology and pathology). Andrew is Chambers’ resident computer expert and regularly applies his skill set within complex, forensic cases.

Andrew completed the Bar Vocational Course and was called to the Bar in 2001.

Andrew undertook his pupillage and first year of tenancy in a common law, mixed practice, consisting of civil (clinical and professional negligence), criminal (crown court trials) and family law. His mixed practice continued until 2005, when it narrowed to a focused specialisation in family law. Andrew’s experience in the civil and criminal arenas is of benefit to clients when such issues overlap with family law applications.

Andrew’s broad experience makes him a formidable advocate who is popular with solicitors and clients in difficult cases.

Andrew accepts instructions via Direct Public Access and is willing to act for clients both at hearings and on an advice only basis.

For further details please contact the clerks.

Buckinghamshire County Council -v- RT (by his guardian KT) [2018] EWCOP 12

Andrew appeared in parallel proceedings in the Court of Protection and the Family Division of the High Court on behalf of the applicant local authority. The Court was concerned with a 17 year old whose behaviour presented significant challenges to the social work team and health organisations providing his full-time care. His care required his constant supervision and occasional restraint (supervision and restraint that amounted to a deprivation of his liberty). At the conclusion of proceedings the local authority successfully presented a long-term therapeutic care plan and deprivation of liberty safeguards which the Court approved. The case is a good example of the Courts’ approach (both legally and practically) in cases which involve older teenagers and the overlap between the Court of Protection and the inherent jurisdiction of the High Court. The Court was assisted in this case by the appointment of a children’s guardian which is a more unusual aspect of parallel proceedings.

 

B (A Local Authority) v AM [2010] EWHC B31 (Fam)

The Court considered the issue as to whether the court on an application for a care order in respect of a young person aged 17 with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act 2005 rather than the Children Act 1989.

 

Bedfordshire Police Constabulary v RU & Anor [2013] EWHC 2350 (Fam),  [2013] WLR (D)  319

Case concerning Forced Marriage Protection and Enforcement. The Bedfordshire Police sought to commit the Mother and Paternal Aunt to prison for the alleged breach of the FMPO. The Judge could not add in the police as a category of applicants in this situation because it would involve the police becoming “prosecutor” in all but name in civil proceedings The facts and circumstances of this case reveal / illustrate a grave weakness in the existing forced marriage protection order machinery as enacted in Part 4A of the Family Law Act 1996. Mr Justice Holman wanted to encourage the relevant Departments of State to give urgent consideration to improving the effectiveness of forced marriage protection orders and the means of enforcement.

BA (Hons) LLB Law

Bar Vocational Course

Family Law Bar Association

Honourable Society of the Inner Temple

PRIVACY POLICY FOR ANDREW SHAW

 

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is New Court Chambers, Temple, London EC4Y 9BE and my registration number is Z9783948.

 

Data Collection

All of the information that I hold about you is provided to or gathered by us in the course of your case and/or proceedings. Your solicitor and I will tell you why we need the information and how we will use it.

 

Lawful Basis for processing your information

The General Data Protection Regulation (GDPR) requires all organisations / individuals that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

·      Consent of the data subject
·      Performance of a contract with the data subject or to take steps to enter into a contract
·      Compliance with a legal obligation
·      To protect the vital interests of a data subject or another person
·      Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
·      The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

 

Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

 

My Lawful Basis is:

·      Your consent
·      To protect the vital interests of a data subject or another person
·      Compliance with a legal obligation

 

My Legitimate Interest is:

·      You are a client
·      The processing is necessary for administering justice
·      The processing is necessary in relation to legal proceedings, for obtaining legal advice, or otherwise for establishing, exercising or defending legal rights

I use your information to:

  • Provide legal advice and representation
  • Communicate with you about services, updates and events

 

I do not use automated decision-making in the processing of your personal data.

 

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

 

Client data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Date of birth;
  • Location details;
  • Medical history and current medical health;
  • Criminal convictions;
  • Social work involvement;
  • Ethnic origin;
  • Religious background.

 

I may share your personal data with:

  • Instructing solicitors;
  • Pupil or mini pupil, under my training;
  • Opposing Counsel, for the purposes of resolving the case;
  • My Chambers management and staff who provide administrative services;
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
  • Any other party where I ask you and you consent to the sharing.

 

Transfers to third countries and international organisations

I store my case files on Microsoft Onedrive which is a cloud hosted environment based in the US.

Microsoft Onedrive relies upon a variety of legal mechanisms for its international transfer of personal data from the EU to the United States. Microsoft Onedrive is certified under the EU-US and Swiss US Privacy Shield Programs regarding the collection, use and retention of personal data and its transfer from the EU and Switzerland to the United States.

In addition to the Privacy Shield, Microsoft Onedrive also provides strong contractual guarantees around the privacy of its services and relies on the EU Model Contract Clauses to cover its international transfers of data.

I am satisfied that such transferred data is fully protected and safeguarded as required by the General Data Protection Regulation.

 

Retention of data

I retain your personal data while you remain a client unless you ask me to delete it.

 

My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as claim or dispute;
  • I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to, fraud prevention, the need to retain certain documents for the duration of the limitation period for any professional negligence claim, and protecting customers’ safety and security.

 

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you (however, I do not have to grant subject access in respect of personal data if a regulatory exemption applies), you can ask me to correct any inaccuracies with the personal data I hold, you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

 

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me at ashaw@newcourtchambers.com.

 

I will occasionally update my Privacy Notice. When I make significant changes, I will notify you of these by email. I will also publish the updated Notice on my website profile.

 

 


 

Data Protection Policy available on request.