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Timothy Pitt-Payne QC
Areas of Practice
Legal Professional Privilege and the Data Protection ActRead More
Supreme Court Judgment in Evans –v- AGRead More
Information Law Conference 2016 - Catastrophic Data LossesRead More
Data Protection update by Timothy Pitt-Payne QCRead More
11KBW sponsors 2016 IBC Media Law ConferenceRead More
SCL: Data Protection, Employment and Emerging Technology Seminar, 12th May 2016Read More
Catastrophic data losses (Information Law Conference 2016)Read More
Timothy Pitt-Payne QC
Timothy Pitt-Payne practices in information law, public law, local government law, and employment law at 11KBW. He has been described as being in a “league of his own” who is “incredibly sharp” and “very good in his advice”. He is an “outstanding data privacy and FOIA specialist” who “always provides responsive and practical advice”, and has an “encyclopaedic knowledge of the area”. Tim is "a true expert and leading authority", "first choice for 'bet-the-ranch' work", "persuasive and easy to work with" and is "recommended for matters involving data protection; he knows that area of law back to front" (Legal 500). He gives “excellent client service, whether paid or pro bono” (Chambers & Partners).
Tim’s information law practice covers areas such as data protection, freedom of information, access to environmental information, RIPA, human rights issues, privacy, and breach of confidence. His clients include commercial organisations, the Information Commissioner, numerous regulators, NHS bodies, local authorities, Universities, and private individuals. His freedom of information cases have considered the disclosure of Cabinet Minutes about the Iraq War, MPs’ expenses, abortion statistics, and the risk register relating to the Government’s NHS reforms. He has extensive advocacy experience in information law, at all levels from the First-tier Tribunal to the Supreme Court.He has advised a wide range of commercial organisations (e.g in the banking, insurance, healthcare and outsourcing sectors) about their use of customer and other personal information, and about the implications of sharing confidential business information with public authorities. Information law is a fast-moving area of the law, where legal principles often struggle to catch up with technological and social change. Tim’s knowledge and experience mean that he is ideally placed to advise organisations of all kinds, both in the private and public sector, about novel and complex problems relating to their use of information.
In recent years Tim’s wider public law and local government practice has covered issues about public sector pensions, the powers and duties of regulatory bodies, and local authority vires. He has practised in employment law throughout his career, and is equally at home arguing a short point of law in the Court of Appeal or conducting a fact-heavy Tribunal case about discrimination or whistleblowing. He has a particular interest in the law about employment vetting and monitoring, and was involved in the leading Supreme Court case about CRB disclosure.
Tim has contributed chapters to Computer Law (OUP, 2011), Media Law and Practice (OUP, 2009) and Judicial Review (Butterworths, 2010). In 2007 he was appointed Visiting Professor of Information Law at Northumbria University. He is a popular and engaging conference speaker, described by the Local Government Group as "one of the very few speakers who both understands information law and brings a lightness of touch to the subject".
WHAT THE DIRECTORIES SAY
‘The pre-eminent expert in data protection law’ (Legal 500)
CLFIS (UK) Ltd v Reynolds
 EWCA Civ 439,  IRLR 562; Times, June 4 2015, CA, April 30 2015
Liability for age discrimination could only attach to an employer where an employee or agent for whom it was responsible had committed a discriminatory act.
Stack v Ajar-Tec Ltd
 EWCA Civ 46,  IRLR 474, CA, February 5 2015
Unpaid shareholder and director of a company was an employee.
R (Evans) v Attorney General
 UKSC 21, SC, March 26 2015,  2 WLR 813; Times, April 10 2015
Attorney General’s certificate that overruled a judicial decision was unlawful. TPP appeared for the Information Commissioner, intervening.
R (T) v Chief Constable of Greater Manchester Police; R (B) v Secretary of State for the Home Department
 AC 49;  3 WLR 96;  2 All ER 159, SC, June 18 2014
Statutory scheme for disclosure of previous convictions, cautions, warnings and reprimands in enhanced criminal record certificate not compatible with Convention rights.
Ajar-Tec Limited v Stack
 EWCA Civ 543
Court of Appeal: whether a director/shareholder also had an implied contract of employment with the company.
Department of Health v Information Commissioner
EA/2011/0286 and 0287
First-tier Tribunal (Information Rights): whether the Risk Register relating to the Government’s NHS reforms should be disclosed under the Freedom of Information Act.
Ezsias v North Glamorgan NHS Trust
 IRLR 550
Employment Appeal Tribunal: whether contractual disciplinary procedures applied to a dismissal following an alleged breakdown in the working relationship; whether the dismissal was for whistleblowing.
H & Another v A City Council and Another
 EWCA Civ 403
Court of Appeal: circumstances in which a local authority could disclose that an individual had been convicted of a sexual offence against a child.
Metropolitan Police Authority v Laws and Another
 ICR 242
Court of Appeal: principles governing the review of police injury awards where there was a change in medical circumstances.
L v Commissioner of Police of the Metropolis
 AC 410
Supreme Court: whether the scheme for CRB disclosures about prospective employees was compatible with Article 8 of the European Convention on Human Rights, in particular where it allowed disclosure of police intelligence or other non-conviction information.
Veolia ES Nottinghamshire Limited v Nottinghamshire County Council and others
 EWCA Civ 1214
Court of Appeal: whether commercially confidential information included in a major outsourcing contract had to be disclosed under the Audit Commission Act 1998.
Common Services Agency v Scottish Information Commissioner and others
 1 WLR 1550
House of Lords: disclosure of information about childhood leukaemia rates in an area of extensive nuclear activity; whether statistical information about small groups would constitute personal data.
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