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Hendersons - Barristers' Chambers

Jack Castle



Call
2018

Jack has a busy practice in line with Chambers’ expertise, encompassing commercial, financial services, product liability, employment, procurement, environmental and public law. He acts for claimants and defendants in both individual and group claims.

He has appeared successfully as sole counsel in complex, multi-day hearings, including a four-day final hearing raising interlinking claims of whistleblowing and indirect disability discrimination, and a three-day Freedom of Information Act appeal concerning export of arms to an ex-militant leader in the Niger Delta.

Further recent cases include a six-figure fraud claim instructed by a major waste operator, a discrimination challenge to the methods of assessment and award of a University degree on behalf of a Paralympic athlete, prospective judicial reviews concerning biodiversity and climate change, and acting for a major lender in a claim in frustration owing to the Covid pandemic. He is a frequent contributor to LexisNexis, including as a procurement specialist, and is an editor of Practical Lending and Securities Precedents.

He is also instructed as junior counsel on a number of large group actions, including matters relating to medical devices and EU-derived consumer rights post-Transition Period.

In 2020 Jack was seconded to the Government Legal Department, advising several Departments of central Government on commercial, procurement and state aid issues relating to the COVID-19 response. He is security-cleared to SC level.

In early 2021 Jack was a Judicial Assistant in the Commercial Court, largely to Cockerill J (Judge in charge of the Commercial Court). He assisted on a range of matters including freezing and anti-suit injunctions, s.69 Arbitration Act appeals and jurisdictional challenges, as well as full trials.

Prior to joining Chambers Jack was a Visiting Lecturer in European Law at City Law School, and worked in the commercial art world. He is a trustee of Poetry London.


For more information about the way barristers at Henderson Chambers work, including our terms of engagement, fee transparency statement and our complaints process, please click here.  Barristers are regulated by the Bar Standards Board.

Please click here for a copy of Jack Castle’s privacy policy.

 

Expertise


Commercial

Jack has experience of complex commercial litigation arising out of banking, insolvency, partnership, real property, insurance, commodities, energy and intellectual property disputes, including group actions and cases with an international element.

This includes matters involving insolvency and company law, forum and choice of law, unfair terms, penalties, the enforceability of guarantees, insurance contracts and coverage issues – both unled and assisting senior counsel. He also has experience of the law of confidentiality and disclosure, including Norwich Pharmacal relief and third-party disclosure orders.

He has a particular interest in fraud and asset recovery. He has acted as sole counsel on matters involving secret commissions, bribery, breach of fiduciary duty, unjust enrichment and tracing claims, as well as assisting on a potential group action concerning an mis-selling of property investments to global investors and an alleged US$2 billion fraud on the Republic of Mozambique.

Jack is also instructed in commercial matters raising other areas of law, including public law and the discriminatory provision of services.

In 2021 Jack was a judicial assistant in the Commercial Court. He is an editor of Practical Lending & Security Precedents.

Representative cases

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  • Claim against construction company and director

    Obtained set aside of a £180,000 judgment in default entered against a company and its director (on the basis of a personal guarantee) which had already been made subject to a charging order on the director’s family home, on grounds that a purported liquidated damages clause was arguably penal in nature.

  • Fraud claim by a major waste operator

    Advising, as sole counsel, a large waste operator defrauded for a six-figure sum by an intermediary on potential contractual, restitutionary and proprietary claims against end users.

  • Claim for frustration of a credit agreement

    Acting for a major lender in a claim alleging frustration of a credit agreement due to the COVID-19 pandemic.

  • Claim against leaseholders under the Electricity Act 1989

    Acted successfully for a “Big Six” energy supplier in relation to the liability of commercial lead-tenants for the consumption of their insolvent lessees under the Electricity Act 1989.

  • Dispute concerning “feed-in” tariffs

    Instructed by a “Big Six” energy supplier in relation to a dispute concerning renewable energy feed-in tariffs.

  • Consumer claims raising EU issues

    Instructed as sole counsel on a number of claims under consumer protection legislation, raising issues of whether certain domestic legislation is an implementation of an EU directive, and the principle in Marleasing.

Public and Regulatory

Jack has experience of the full spectrum of public law work, encompassing judicial review, statutory tribunals, and administrative appeals processes, as well as civil claims against public authorities and the overlap between public and other areas of law. He acts both for claimants and public bodies.

This includes proceedings involving a broad range of regulators, such as the Financial Reporting Council, Information Commissioner, Independent Office of Police Conduct, Food Standards Agency, Health and Safety Executive, Law Society, Bar Standards Board and Solicitors’ Regulation Authority. He also has particular experience of the FOIA and DPA/GDPR regimes, and is currently advising a local authority on data protection issues.

Instructions as sole counsel include potential judicial reviews regarding protected species, biodiversity and matters relating to renewable energy subsidies (see ‘Environmental’), procurement and public law issues arising out of Covid-19 (see ‘Procurement’), an A1P1 and Article 14 ECHR challenge to a professional regulator’s rules on compulsory insurance, an Upper Tribunal appeal concerning the correct approach in law to assessment for disability benefit in a sufferer of sickle-cell anemia, and representing the successful applicant in a 3-day FOIA appeal concerning export of warships to known militant leader in the Niger Delta.

Jack has also assisted leading counsel on cases ranging from food standards judicial reviews to closure of a university archive holding the papers of a senior member of the Royal family, division of responsibility between local authorities under the Care Act 2014, and matters involving the application of the Human Rights Act to the activities of UK forces in Afghanistan.

Representative cases

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  • A v Secretary of State for Work and Pensions

    Acting in the Upper Tribunal on behalf of an individual with sickle cell anemia retrospectively denied disability benefits on the basis of covert surveillance and a flawed approach the assessment of his variable needs.

  • A v University B

    Instructed, as sole counsel, by a Paralympic athlete alleging disability discrimination in the assessment and non-award of their degree and the University’s internal appeals process. Settled.

  • Negligence/A1P1 and Article 14 claim against a professional regulator

    Claim in negligence and breach of A1P1, both independently and read with Article 14, concerning availability of professional indemnity insurance.

  • Advice on representative claim against compensation scheme

    As sole counsel, advised potential claimants in a proposed action against a compensation scheme, including the potential for costs capping.

  • R (Stillmans (Somerset) Ltd and Penny & Sons) v Food Standards Agency C1/2020/0435

    Assisted leading counsel on a matter concerning the withdrawal of Official Veterinarians from slaughterhouses following allegations of bullying.

  • Gibbs v Information Commissioner and Financial Reporting Council (EA/2017/0284)

    Represented the Appellant in an appeal concerning the applicability of the Freedom of Information Act to the FRC’s scheme for the regulation of statutory auditors in the immediate aftermath of the 2008 financial crisis.

Financial Services

Jack has experience of disputes and advisory work concerning, for example, the execution and enforcement of secured and unsecured loans, asset financing, guarantees, financial product mis-selling (including the implications of Plevin v Paragon Personal Finance Ltd [2014] UKSC 61), secret commissions and fiduciary duties owed by brokers and advisors. This includes matters involving compliance with FSMA and the RAO, the Consumer Credit Act 1974, and the application of the FCA handbook.

He frequently handles unfair relationship claims arising out of PPI policies, including cases raising issues of jurisdiction, limitation, expert evidence and res judicata. He assisted leading counsel in a group action relating to mortgages following the collapse of Northern Rock and Bradford and Bingley, and is regularly instructed by major UK lenders in his own right.

He is currently assisting the FCA with investigations into the adequacy of advice given to customers transferring out of Defined Benefit pensions.

Jack is editor of the ‘Assignment & Participation of Loans’ chapter of Practical Lending & Security Precedents.

Representative cases

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  • FCA Defined Benefits Pensions Enforcement

    Assisting the FCA in a large-scale enforcement action arising out of inadequate provision of advice surrounding transfers out of defined benefits pension schemes.

  • Claim against major online bank

    Instructed as sole counsel defending a major online bank against an alleged breach of the Quincecare duty and breach of the Payment Services Regulations 2017 arising out of an alleged authorised push-payment fraud.

  • Claim for frustration of a credit agreement

    Acting for a major lender in a claim alleging frustration of a credit agreement due to the COVID-19 pandemic.

  • Claim in breach of fiduciary duty against two major lenders

    Acting for a bank in a claim for breach of fiduciary duty and unjust enrichment alleging secret commissions were made to a broker.

  • Advice on regulatory authorisation

    Advising on the process by which authorisation to purchase a bank could be objected to due to suspected money laundering.

  • A financial services group action

    Assisted in advising on a potential state aid and/or public law defences to the setting of interest rates on certain financial products.

Group Actions and Product Liability

Jack has assisted leading counsel on procedural and substantive aspects of domestic and international group actions.

He has experience of group claims involving financial mis-selling, medical devices and medications, consumer rights, environmental disasters and international tort claims, including what is reportedly the biggest group action in English legal history arising from the collapse of the Fundão dam in Brazil.

This has included issues ranging from choice of law and management of the Claimant group to novel points in the law of tort, parent company liability, and the immunity of international organisations.

He has also advised and assisted in advising on the preliminary stages of a number of group actions, including considerations of the most suitable substantive causes of action to certain group claims, organisation of the claimant cohort, strategy, tactics, and potential funding issues.

He is currently instructed in a potential group action relating to a permanent birth control device, and a group action involving EU-derived consumer law.

He also has experience of non-group product liability work, in particular in the construction and haulage industries.

Representative cases

grid list
  • Claim against vehicle manufacturer

    Instructed as sole counsel by a well-known car manufacturer arising out of an accident caused by allegedly defective breaks said to be a manufacturing fault.

  • A consumer rights group action

    Assisted, and was later Instructed to advise on a potential group claim involving deception by traders relating to past usage of second-hand goods raising complex issues of European-derived law. This included advising on the the suitability of certain causes of action for group litigation and organisation of a claimant cohort, as well as strategy, merits and quantum.

  • Group action concerning mis-selling of property investments

    Assisted in advising the claimant group following the collapse of a US property investment scheme, on issues including forum and choice of law, attribution of knowledge to a company, joint liability in tort and practical issues concerning how to arrange the claimant group.

Environmental

Jack has a particular interest in environmental law. He has experience of environmental cases in public, private and criminal law contexts, including habitat and species protection, climate change, nuisance, rights to water, drainage and flooding, as well as of the regime concerning access to environmental information. He recently assisted in advising on a potential public law challenge to the regime of subsidy for low-carbon electricity generation.

Jack is a pro bono member of the Environmental Law Foundation.

Representative cases

grid list
  • Claim in noise nuisance

    Instructed in a claim between long leaseholders alleging noise nuisance due to defective sound insulation installed before either leaseholder was resident.

  • Dispute concerning “feed-in” tariffs

    Instructed by a “Big Six” energy supplier in relation to a dispute concerning renewable energy feed-in tariffs.

  • Advice on challenging adoption of a local plan

    As sole counsel, advised a resident on a potential public law challenge to adoption of a local plan due to the presence of EU-protected species.

  • Advice on response to planning application

    As sole counsel, advised residents on public law grounds to oppose grant of planning permission, including incompatibility with the local plan, loss of open space and overloading of local amenities, drainage/flooding issues and inadequate consideration of impacts on protected species, habitat, and climate change objectives.

  • Advice on drainage and flooding issues

    Assisted in advising on potential easements to drain into neighbouring land and liability for flooding.

European Union and International

Jack is a former Visiting Lecturer in European Union Law at City Law School, University of London. He has experience of the European regimes governing product liability, habitat and species protection, regulated lending, consumer credit, public procurement and state aid, gained as a lecturer and in private practice.

He is well-equipped to advise on cases with an EU element, including the effects of retained EU law and matters arising from the EU-UK Trade and Cooperation Agreement.

Jack’s experience of broader international work also includes cases raising issues of forum and choice of law, geopolitical issues relating to arms exports, parent company liability in tort, and the immunity of international organisations.

Representative cases

grid list
  • Consumer claims raising EU issues

    Instructed as sole counsel on a number of claims under consumer protection legislation, raising issues of whether certain domestic legislation is an implementation of an EU directive, and the principle in Marleasing.

  • A financial services group action

    Assisted in advising on a potential state aid and/or public law defences to the setting of interest rates on certain financial products.

Employment

Jack has appeared as sole counsel in claims for unfair dismissal, whistleblowing, discrimination, failure to make reasonable adjustments, unpaid holiday pay and unlawful deduction of wages. He also has experience of the TUPE regime, and public law issues arising from employment matters.

He is also regularly instructed on non-employment discrimination matters, including relating to provision of services and education.

He welcomes all employment law instructions, and represents both employees and employers.

Representative cases

grid list
  • Positive discrimination advice

    Advised a company on its ability to positively discriminate on grounds of race/ethnic background in recruitment.

  • Claim against English company by employee of foreign branch

    Unlawful deduction of wages claim involving issues of “limb (b) worker” status and the applicability of foreign law.

  • Constructive dismissal claim against a government department

    Acted for the successful Claimant in a 4-day liability hearing involving complex and interlinking constructive discriminatory, whistleblowing and health and safety dismissal claims. Breaches of health and safety legislation relating to climbing PPE were admitted in cross-examination. Also successfully required the respondent to give specific disclosure of documents the existence of which it had previously denied.

  • Advice regarding approval for public appointment

    Assisted leading counsel in advising a government department on issues surrounding special approval to a public appointment, including the court’s approach to review of religious judgments and Article 6 ECHR.

Personal Injury and Health & Safety

Jack has assisted in high-value and complex personal injury claims arising from negligence, assault, false imprisonment, malicious prosecution and product failure, as well as in cases raising issues of corporate manslaughter and breaches of the Health and Safety at Work Act 1974. He also has experience of claims against public authorities both in tort and under the Human Rights Act.

In early 2021 Jack was a judicial assistant in the High Court, assisting judges in the Queen’s Bench Division.

Representative cases

grid list
  • Health & safety dismissal claim

    Represented the successful claimant at a 4-day final hearing involving breaches of health and safety legislation relating to climbing PPE, which were admitted in cross-examination.

  • Advice on quantum

    Assisted in a complicated advice on quantum for life-long loss of earnings, pension and share capital where causation was disputed, in a claim arising out of alleged breaches of duty of care to UK armed forces in Afghanistan.

  • Advice on prisoner-on-prisoner assault

    Assisted in advising on a claim in negligence and breaches of Article 2, 3 and 8 against the Ministry of Justice following an assault on a prisoner by a gang of fellow prisoners.

Property

Jack has experience of property issues in a variety of contexts, including landlord and tenant, the interpretation of leases, and matters relating to credit agreements secured on property.

He is particularly interested in matters involving issues of environmental law, including nuisance, and rights to water and drainage.

Representative cases

grid list
  • Fraud claim by a major waste operator

    Advising, as sole counsel, a large waste operator defrauded for a six-figure sum by an intermediary on potential contract, restitutionary and proprietary claims against end users, arising out of misuse of and trespass on a waste facility.

  • Claim in noise nuisance

    Instructed in a claim between long leaseholders alleging noise nuisance due to defective sound insulation installed before either leaseholder was resident.

  • Advice on drainage and flooding issues

    Assisted in advising on potential easements to drain into neighbouring land and liability for flooding.

Procurement

Jack has a particular interest in public procurement, and welcomes instructions in this area.

As a former Visiting Lecturer in European Law, Jack is comfortable advising on the domestic procurement regime, the impact of Brexit and the EU-UK Trade and Cooperation Agreement. In 2020 he was seconded to the Government Legal Department’s ‘Covid Cell’, advising on a variety of important procurement and state aid matters relating to the Covid-19 pandemic, including procurement of mass testing capacity and vaccines.

He is a procurement specialist member of LexisNexis’ Q&A Panel.

Representative cases

grid list
  • Advising Government departments on Covid-19 response

    Seconded to the Government Legal Department to advise a range of Government departments on procurement, state aid and commercial law issues associated with the UK’s pandemic response.

  • A financial services group action

    Assisted in advising on a potential state aid and/or public law defences to the setting of interest rates on certain financial products.

 

Instructing Jack Castle

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Appointments
  • Centre for Women’s Justice, Legal Reference Panel
  • Panel Member, Advocate
  • Government Legal Department, Junior Junior (21/04/2020 to 08/08/2024)
Publications
  • Editor of ‘Assignment & Participation of Loans’ in Practical Lending & Security Precedents
  • Contributor to Lexis®PSL Public Law
  • Procurement Specialist Contributor to LexisNexis Q&A panel
Memberships
  • ALBA
  • COMBAR
  • Environmental Law Foundation
  • Financial Services Lawyers Association
  • UKELA
  • Young Fraud Lawyers Association
Education

Education

  • BA English Literature, Bristol University, First Class
  • MSt. English Literature Post-1900, University of Oxford, Distinction
  • GDL, City Law School, University of London, Distinction (6th in year)
  • BPTC, City Law School, University of London

Scholarships

  • Major Scholarship (BPTC), Inner Temple (2017)
  • Duke of Edinburgh Entrance Award, Inner Temple (2017)
  • Postgraduate Scholarship (BPTC), City Law School (2017)
  • Kalisher Trust Advocacy Training Programme (2017)
  • Exhibition (GDL), Inner Temple (2016)
  • Postgraduate Scholarship (GDL), City Law School (2016)
Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

For more information about the way barristers at Henderson Chambers work, including our fee transparency statement and our complaints process, please click here.

Bar Council Number: 70906

VAT Registration Number: 356025609

Legal Status: Barrister

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.

Regulated by the Bar Standards Board.

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