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Alex Ustych specialises in data protection / information law, inquests / inquiries, public law, police law and workplace stress claims.
He is frequently instructed in high-value and complex private and public law cases with data protection, privacy and freedom of expression dimensions. Alex is on the Attorney General’s B Panel of Counsel and ranked as a leading junior in The Legal 500 for Data Protection, and Inquests and Inquiries.
Alex has a particular interest in the impact of emerging technologies (such as Artificial Intelligence) on individuals’ data protection and privacy rights. He advises companies in emerging industry areas (such as Virtual Reality) as well as public bodies in respect of major digital projects, including on international data transfers. As a member of the Society for Computers and Law, he is at the cutting edge of legal developments in technology. He also delivers talks on topics such as AI alongside industry experts.
Alex is frequently instructed in high-profile and sensitive matters—current and recent cases include:
Public Law and Equality Act 2010
Data protection and Information Law
Inquests, Inquiries and Investigations
Claims against the police, stress at work claims and Charity Law
Alex’s clients include leading international healthcare companies, major charities and schools/academies. He has extensive expertise in dealing with very high-value data protection, privacy and defamation claims in the High Court involving complex psychiatric injury and lifelong losses. This work draws on Alex’s extensive experience of stress at work/psychiatric injury litigation, often claims in excess of £1 million.
Alex has significant experience of appeals, having appeared (unled) at the Court of Appeal in three substantive appeals so far. Alex is Public Access accredited and is frequently instructed by individuals and companies directly. He is a CMC trained mediator.
Alex is ranked as a leading junior in the Data Protection category of The Legal 500. He is a ‘go to’ barrister in this area and is regularly instructed by charities, educational institutions, healthcare organisations, government departments, police forces, companies and private individuals in both contentious and non-contentious data protection matters.
Alex is regularly instructed in high-value and complex private and public law cases with data protection, privacy and freedom of expression dimensions. He has a particular interest in the impact of emerging technologies (such as Artificial Intelligence) on individuals’ data protection and privacy rights.
He frequently appears before the Information Tribunal in Freedom of Information Act cases and has appeared in the Upper Tribunal. In Privacy International v. (1) Information Commissioner and (2) Police and Crime Commissioner for Warwickshire (EA/2018/0170), Alex represented the successful 2nd Respondent in an appeal (before the President of the Information Tribunal) following a refusal of a freedom of information request about surveillance technology. Alex’s recent FOIA appeal work includes cases about the testing of hydrogen weapons and the proposal to build a ‘National Flagship’.
Alex’s current and recent contentious work in this area includes:
Alex’s current and recent advisory work in this area includes:
Alex has particular expertise in dealing with complex and high-value data protection claims arising in the context of employment, involving relocation due to security risks and/or involving alleged psychiatric injuries (rather than claims where ‘distress’ damages are claimed).
Alex regularly provides training on the DPA, FOIA and the GDPR, including for litigators in this area. As a qualified mediator, Alex can also assist with data protection disputes being dealt with via ADR. Alex is a member of the Society for Computers and Law (SCL), which keeps him at the forefront of technological developments affecting data and privacy. Since April 2024 he is a member of the SCL Public Sector Tech Group Committee.
Alex is ranked as a leading junior in the Inquests and Inquiries category of The Legal 500.
About a third of Alex’s trial work is accounted for by complex jury inquests. Alex is often instructed at an early stage and works closely with the client throughout the preparation process, including in respect of any organisational learning relevant to pre-empting Regulation 28 reports. His clients include police forces, government departments, local authorities, Transport for London, private firms, families and NHS bodies. Alex is accustomed to dealing with inquests attracting significant media coverage.
Alex also regularly advises on Article 2 ECHR claims following inquests (whether or not he had dealt with the preceding inquest). Alex has been instructed to provide training in relation to inquests to several police forces, including for members of their firearms units.
In addition to dozens of jury inquests concerning deaths in custody, Alex’s notable work in this area includes:
Alex has extensive experience of Public Inquiries, across three of the largest recent Inquiries: the Grenfell Tower Inquiry, the UK Covid-19 Inquiry and the Undercover Policing Inquiry.
In the Grenfell Tower Inquiry, Alex has been instructed as Junior Counsel to the Inquiry since 2018. Alex led a team of three junior barristers working on some of the most technical aspects of the Inquiry’s work. He was also the lead counsel on data protection issues arising from the Inquiry’s work. Alex has also undertaken advocacy as part of the Inquiry’s Phase 2 hearings.
Alex was instructed, as lead counsel (with a junior), by DLA Piper, to represent NHS Digital (formerly the national provider of information, data and IT systems for the NHS and social care in England) between 2021 and 2023, when NHS Digital merged with NHS England. Alex, working with NHS Digital’s senior leadership, advised on Inquiry preparation and engagement, including responding to Rule 9 requests and disclosure.
Alex is also instructed in the Undercover Policing Inquiry (led by Jason Beer KC).
Alex’s work as Counsel to the Inquiry is readily transferrable to Investigations generally. He has been instructed in investigations such as:
Alex is particularly interested in accepting instructions in this area, including via Public Access.
Alex represents both individuals and organisations in judicial review proceedings:
Although Alex has experience in all areas of police claims, Alex’s practice is increasingly focused on claims involving challenges to sharing and accuracy of information, human rights, Equality Act 2010 and misfeasance. He is instructed in cases involving human rights, such as in respect of the right to protest, vetting decisions and Zenati Article 5 claims (both by police and the CPS). Alex is instructed by law enforcement and prosecution authorities such as police forces, the National Crime Agency and the CPS. He has particular experience in Article 2 claims arising from deaths following police contact or in detention.
Alex has experience of civil jury trials. He regularly appears in the High Court, for example in relation to false imprisonment claims, Civil Restraint Orders and in claims concerning malicious prosecution, both on behalf of law enforcement and the CPS. He has particular aptitude for dealing with vexatious litigants and has successfully obtained a number of General and Extended Civil Restraint Orders, as well as having been instructed by the Attorney General in respect of High Court proceedings for a vexatious litigant order.
His current and recent cases in this area include:
Alex has a growing practice in Charity Law. He is frequently instructed by the Charity Commission (for contentious and advisory matters) and has advised/represented major charities in other areas of his practice. His recent work in this area includes:
Alex has a lengthy track record of complex/high-value workplace stress and psychiatric injury claims. He recently represented a public authority in a High Court claim, for £1 million, in respect of psychiatric injuries. He is regularly instructed by organisations when claims are brought or intimated by senior employees/ex-employees.
He is often instructed by defendants when evidence of potential fraud arises in a clam. Alex’s extensive experience of psychiatric injury cases and experts in this area means that he is often instructed when new medical evidence emerges to suggest the claim will be of a very high value. As a qualified mediator, Alex achieves favourable outcomes at mediations and Joint Settlement Meetings of such claims. Alex also delivers lectures on workplace stress claims to litigators and organisations.
Alex has extensive experience of complex employment law claims, both on behalf of individuals and organisations (including government departments). He appeared at multi-day discrimination hearings (with expertise in disability, age and sex discrimination). He has experience of advising and representing individuals working within the financial services industry, including in relation to restrictive covenants/confidentiality obligations and exit negotiations. He has represented a range of individuals, from a head teacher to the ex-CEO of a publicly listed company bringing a whistleblowing claim for several million pounds. Having worked on employment matters in-house, Alex is particularly aware of commercial considerations that apply to such cases.
He has significant appellate experience both in the Employment Appeal Tribunal and the Court of Appeal (Way v Spectrum Property Care Ltd [2015] EWCA Civ 381). Alex co-authored a textbook on Tribunal litigation.
Alex accepts Public Access instructions across all areas of his practice. Although many of his Public Access clients are Small and Medium Enterprises, he is also regularly instructed by individuals. Alex brings a pragmatic and empathetic approach to even the most difficult cases. The following testimonial was volunteered by the CEO/Founder of a charity who supported the disabled claimant, Alex’s client, in a recent judicial review claim.
“Mr Ustych is not solely a Barrister with a wide spectrum of legal knowledge, procedural insight and strategic case management approach to handling claims. He is fundamentally a unique, down to earth people person, who takes into consideration a Client’s personal circumstances, disabilities, emotional stresses and requirements to ensure, not only that he and his services provide the important details required at all stages of a claim and/or hearing, but also ensures his Client is not placed in any distress prior, during or after the claim ends. Throughout our time communicating with Mr Ustych, we felt he genuinely cared about us as people as much as succeeding in the hearing… We…highly recommend him to anyone seeking a Barrister with high legal intelligence, professional approach and primarily, an understanding towards his client’s needs.”
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Instructing Alex
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2015 Appointed to the Attorney General’s C Panel of Counsel
Before joining the Bar, Alex worked within the asylum/human rights litigation sector for several years.
Co-editor of the 5 Essex Chambers Police Law Update.
“The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success” by John-Paul Waite, Alan R. Payne and Alex Ustych (2014).
Westlaw Encyclopedia entries concerning civilian police staff (issues of vicarious liability and employment law)—2013-2016.
‘Alex is fantastic and has great expertise and knowledge in this evolving area of law. Lay and professional clients are always impressed by his attention to detail and he is always happy to assist.’ (Data Protection)
“Alex provides clear and practical advice with detailed knowledge of complex legislation such as the Data Protection Act.” (Data Protection)
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