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Hendersons - Barristers' Chambers

Jack Castle



Call
2018

Jack accepts instructions in all of Chambers’ areas of expertise as sole and junior counsel. He has a particular focus on commercial, financial services, employment, procurement, property and public law.

Notable instructions as sole counsel include: a commercial matter with parallel criminal proceedings necessitating witness special measures, prospective judicial reviews concerning protected species, a claim involving secret commission and bribery in a real property transaction, and Freedom of Information Act appeals concerning export of arms to a politically exposed person in the Niger Delta. He was recently seconded to the Government Legal Department’s ‘Covid Cell’, advising a number of Government departments on commercial, procurement and state aid issues relating to Covid-19. As former Visiting Lecturer in EU Law, he is also well-equipped to advise on issues arising out of Brexit.

In early 2021 Jack was a judicial assistant in the Commercial Court, Queen’s Bench Division and Upper Tax Tribunal. He assisted judges across a broad spectrum of court business, including s.69 Arbitration Act appeals, stays and enforcement of arbitral awards, freezing and anti-suit injunctions, strike-out and summary judgment applications. He is well-placed to advise on how the court approaches such issues.

Prior to joining Chambers Jack was a paralegal at Hickman and Rose solicitors, working on matters ranging from civil fraud to civil liberties, particularly in a criminal justice context. He is a member of the Centre for Women’s Justice Legal Reference Panel, a pro bono member of the Environmental Law Foundation, and 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.

 

Expertise


Banking, Finance & Financial Services

Jack has experience of claims and advisory work concerning FSMA, the Consumer Credit Act 1974 and the application of the FCA handbook. This includes matters involving compliance with FCA and EU rules, enforceability of secured and unsecured loans, s.140A unfair relationships, asset finance and Plevin claims.

While still a pupil he assisted leading counsel in a group action relating to mortgages following the collapse of Northern Rock and Bradford and Bingley. While a judicial assistant, he assisted Commercial Court judges on a range of high-profile investment and banking matters.

Representative cases

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  • Advice on FCA compensation

    Assisted in a matter concerning whether redress paid for prospective Plevin claims under the FCA scheme barred further civil claims, raising issues of the interpretation of settlement clauses, contract formation and consideration, and the merger doctrine (as a pupil).

Commercial

Jack has experience of complex commercial litigation arising out of banking, real property, insurance, commodities and intellectual property disputes. This includes cases with an international element.

In 2021 Jack worked as a judicial assistant in the Commercial Court. He assisted on a broad range of commercial matters, including Arbitration Act appeals, anti-suit injunctions, and issues involving a number of tax authorities, including HMRC. He has advised a number of Government departments on complicated contractual issues arising out of the Covid-19 pandemic response, and as sole counsel on matters relating to insolvency and company law.

Jack has a particular interest in fraud and asset recovery, and has been involved in cases raising issues of misrepresentation, deceit, breach of fiduciary duty, and attribution of knowledge to a company. This includes a potential group action concerning an mis-selling of property investments to global investors (during pupillage), an alleged US$2 billion fraud on the Republic of Mozambique (as a paralegal), and a matter involving secret commissions and bribery of a company’s agent (as sole counsel).

 

Representative cases

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  • Contractual claim with parallel criminal and family proceedings

    Acting as sole counsel for the claimant in a debt claim between ex-partners, with parallel criminal and family proceedings concerning alleged harassment/stalking by the defendant.

  • 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 issues surrounding how to arrange the claimant group (as a pupil).

  • Advice on shareholder remedies

    Assisted in advising a shareholder/director following the collapse of a joint venture, which included allegations of diverting company assets by the second director/shareholder (as a pupil).

  • Norwich Pharmacal order against a police force

    Assisted in obtaining a Norwich Pharmacal order to attempt to discover the author of a forged crime report. Also assisted in advising on obtaining Norwich Pharmacal relief against persons outside the jurisdiction (as paralegal).

Employment

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

Representative cases

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  • Claim against a government department

    Acted for the Claimant in a 4-day final hearing involving complex and interlinking constructive discriminatory, whistleblowing and health and safety dismissal claims. Successfully required the respondent to give specific disclosure of documents the existence of which it had previously denied.

Environment

Jack has a particular interest in environmental law. He has gained experience of environmental cases in criminal, public and private law contexts, including habitat and species protection, nuisance, and rights to water, drainage and flooding. He also has experience of the regime concerning access to environmental information. He is a pro bono member of the Environmental Law Foundation.

Representative cases

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  • Advice on challenging adoption of a local plan

    Advised a resident on a potential public law challenge to adoption of a local plan due to the presence of EU-protected species (as sole counsel).

  • Advice on response to planning application

    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 (as sole counsel).

European Union

Jack is a former Visiting Lecturer in European Union Law at City Law School, University of London. 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 has assisted in advising a group of potential claimants on issues of EU law including indirect effect, general principles and the impact of Brexit. He also 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, in private practice, and while seconded to the Government Legal Department.

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, and the immunity of international organisations.

Representative cases

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  • A consumer group action

    Assisted in advising on the indirect effect of EU consumer rights directives (as a pupil).

  • 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 (as a pupil).

Group Actions

Jack has assisted a number of members of chambers on the procedural and substantive aspects of group actions relating to financial mis-selling, medical devices and medications, consumer rights and international tort claims. 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.

Local Government & Public Law

Jack welcomes all instructions relating to administrative law and the duties and powers of public bodies. He has experience of the full spectrum of public law work, encompassing judicial review, statutory tribunals and administrative appeals processes, as well as the overlap between public and other areas of law such as employment, discrimination, environmental and commercial.

Jack has worked on matters ranging from freedom of information to food standards, asylum, mental capacity, deprivation of liberty and cases involving the criminal justice system and the powers of a variety of regulatory bodies (see ‘Professional Discipline & Regulatory’). He has appeared in his own right before the General Regulatory and Social Security chambers of the First-tier Tribunal (which praised the ‘erudition’ of his submissions and constructive approach), and has advised on potential judicial reviews relating to the presence of protected species (see ‘Environment’), the public-interest costs capping regime, and procurement issues arising out of Covid-19 (see ‘Public Procurement’).

Jack also assisted on indirect tax issues while a judicial assistant in the Upper Tax Tribunal.

Representative cases

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  • Advice on costs capping

    Advised potential claimants in a proposed group action against a compensation scheme on their potential costs exposure in judicial review proceedings (as sole counsel).

  • Complaint regarding misuse of Investigatory Powers

    Assisted in successful appeal to the Independent Office for Police Conduct following a complaint alleging misuse of RIPA and breach of Article 8 regarding a police force’s arrest of an individual wrongly identified as possessing incident images of children (as a paralegal).

  • Gibbs v Information Commissioner and FCO (EA/2017/0258 & 0275)

    3-day Freedom of Information Act appeal relating to the decision to approve export of a warship to a known militant in the Niger Delta. Raised issues of prejudice to international relations, ongoing criminal investigations and the Article 6 rights of potential defendants, judicial deference to Government witnesses, and the scope of the Article 10 right to receive information following the ECtHR’s ruling in Magyar Helsinki Bizottság v Hungary (pre-qualification).

Personal Injury

Jack has assisted members of chambers and senior partners and in high-value and complex personal injury claims arising from negligence, assault, false imprisonment, malicious prosecution and product failure. 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

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  • 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 (as a pupil).

  • 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 (as a paralegal).

Professional Discipline & Regulatory

Jack has experience of a wide variety of regulatory jurisdictions and processes, gained when led, during pupillage and as a paralegal.

This has included proceedings involving a broad range of regulators such as the Information Commissioner, Independent Office of Police Conduct, Association of Chief Police Officers, Food Standards Agency, Financial Reporting Council, Pubs Code Adjudicator, Health and Safety Executive, Environment Agency, Bar Standards Board, and directors disqualification investigations bought by the CMA and Insolvency Service, raising issues of vires, rationality, procedural fairness and human rights. He has also gained experience of fitness to practice proceedings.

Representative cases

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  • R (Stillmans (Somerset) Ltd and Penny & Sons) v Food Standards Agency

    Assisted with a matter concerning withdrawal of Official Veterinarians from slaughterhouses following allegations of bullying (as a pupil).

  • An Insolvency Service investigation

    Assisted in representing a director being investigated by the Insolvency Service following the collapse of a multi-national company due to the actions of a rogue employee (as paralegal).

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

    Concerned 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 (pre-qualification).

Property

Jack has experience of property issues in contexts as diverse as secured lending, health & safety/fire safety and corporate manslaughter, drainage, water rights, environmental issues, nuisance, housing, and landlord and tenant.

He welcomes all instructions in relation to property disputes, including injunction applications, possession claims, and other procedural matters.

Public Procurement & State Aid

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

Jack was Visiting Lecturer in European Union Law at City, University of London, and is comfortable advising on the domestic procurement regime, and the impact of Brexit and the EU-UK Trade and Cooperation Agreement. In 2020–21 he was seconded to the Government Legal Department’s ‘Covid Cell’, advising on a variety of important procurement, state aid and commercial law matters relating to the Covid-19 pandemic.

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 (as a pupil).

 

Instructing Jack Castle

If you require help or advice please contact our clerking team

Call 020 7583 9020
or email

Appointments
  • Centre for Women’s Justice, Legal Reference Panel
  • Panel Member, Advocate
  • Government Legal Department, Junior Junior (21/04/2020 to 08/08/2024)
Memberships
  • ALBA
  • COMBAR
  • Environmental Law Foundation
  • UKELA
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)
  • 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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