Background

Alex 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 and delivers talks on AI internationally.

Alex is frequently instructed in high-profile and sensitive matters—current and recent cases include:

  • R (FDJ) v. Secretary of State for Justice [2021] EWHC 1746 (Admin), led by Sarah Hannett KC, where the policy for the management of transgender prisoners was challenged on public law and Equality Act 2010 grounds;
  • Public and private claims and challenges related to transgender rights/issues, such as Hayden v Associated Newspapers Ltd [2022] EWHC 2693 (KB)
  • Representing the Charity Commission in an appeal against its refusal to register an organisation challenging vaccination and COVID response;
  • Advising and representing the Ministry of Justice in all novel claims of psychiatric injury due to secondary exposure to Psychoactive Substances;
  • Representing the lead respondent in an appeal (before the President of the Information Tribunal) brought by Privacy International following a refusal of a freedom of information request about surveillance technology;
  • Advising (as lead counsel) on constitutional and legal reforms in a British Overseas Territory;
  • Representing HMRC (led by Alan Payne KC) in a multi-million-pound misfeasance claim brought by companies in the craft beer industry;
  • Representing the Charity Commission in linked judicial review claims to its  statutory inquiry into the leading Jehovah’s Witness charity in the UK (led by Jason Beer KC);
  • Miller v. College of Policing and Humberside Police [2020] EWHC 225 (Admin), a significant judicial review concerning the interaction between policing and freedom of expression on social media;
  • Grenfell Tower Inquiry (Junior Counsel to the Inquiry since 2018), as the lead junior for two teams, including advocacy at the hearings;
  • Lead counsel for NHS Digital (instructed by DLA Piper) in the UK Covid-19 Inquiry, advising on Inquiry preparation and participation, prior to NHS Digital’s merger with NHS England.
  • Representing a Senior Coroner before the Divisional Court to secure fresh inquests where Assistant Coroner made errors of law;
  • Representing interested persons in multi-week Article 2 jury inquests as well as in linked human rights, negligence and misfeasance claims.

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 and PDSL accredited mediator. He also undertakes cases on behalf of Advocate/Bar Pro Bono Unit. He is fluent in Ukrainian and speaks Russian.

Expertise

Police law is at the core of Alex’s practice and he undertakes complex civil claims, including High Court claims for false imprisonment/malicious prosecution and claims arising from deaths in custody and police contact. 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.

Alex has also advised police forces on proposed policies, public law aspects of enforcing confiscation orders, Data Protection Act obligations and disclosure issues arising from inquests.

Alex has extensive experience of working as part of a team on complex and high-profile matters, as Junior Counsel to the Grenfell Tower Inquiry, having been instructed by the Metropolitan Police in relation to the phone hacking investigations and having worked on secondment to Her Majesty’s Inspectorate of Constabulary, Surrey Police and Greater Manchester Police.

Alex is ranked as a leading junior in the Data Protection category of The Legal 500.

Alex 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. He frequently appears before the Information Tribunal in Freedom of Information Act cases as well as in the Upper Tribunal.

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 as well as on the future of law. He advises on the legal risks and implications of major, national digital projects. As a member of the Society for Computers and Law, he is at the cutting edge of legal developments in this area. Alex has also delivered talks about the global regulation of new technologies and their impact on legal practice in the future.

Alex frequently advises private and public sector organisations on data breaches (including claims), data sharing and steps necessary to ensure compliance with the data protection regime. Alex regularly advises the Charity Commission on the data protection implications of major projects.

Alex is the Grenfell Tower Inquiry’s data protection/information law counsel.

He has particular expertise in dealing with complex and high-value data protection claims arising in the context of employment and/or involving alleged psychiatric injuries (rather than claims where ‘distress’ damages are claimed).

Alex also has significant experience of litigating cases involving broader challenges to how personal data is retained and used, for example with references to Articles 8/10 ECHR (R (Miller) v College of Policing [2020] EWHC 225 (Admin)) and claims involving defamation, privacy and breach of confidence.

Alex successfully represented several government agencies in High Court data protection claims. He has particular experience of dealing with persistent litigants who make repeated information/subject access requests, followed by litigation.

Alex successfully represented the Warwickshire PCC (the lead respondent in a series of stayed cases), in a significant Information Tribunal appeal (before the President of the Information Tribunal) brought by Privacy International following a refusal of a freedom of information request about surveillance technology.

He has also advised a leading ‘lone worker’ alarm provider on the extent of its DPA obligations and a Harley Street clinic on the interaction between its contractual and data protection duties.

Alex regularly provides lectures on the DPA, FOIA and the GDPR. He advises on the impact of GDPR on private and public sector organisations.

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.

Alex is ranked as a leading junior in the Inquests and Inquiries category of The Legal 500.

Prior to Alex’s work as Junior Counsel to the Grenfell Tower Inquiry, about half of Alex’s trial work was 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, prisoners/government departments, local authorities, Transport for London, private firms and NHS bodies. Alex is accustomed to dealing with inquests attracting significant media coverage.

Alex has been instructed to provide training in relation to inquests to several police forces, including for members of their firearms units. Alex is very interested in expanding the inquests part of his practice further, including in relation to taking instructions on behalf of Families and commercial Interested Persons.

Featured Inquests cases


Two complex inquests involving the impact of unconventional road design on pedestrian deaths, involving detailed analysis of the design process spanning several decades;


Death in custody inquests involving New Psychoactive Substances, bullying, mental health issues, drug interaction etc;


Acting on behalf of a police force (and one of its police officers) in a 7-day Article 2 jury inquest, involving seven Interested Parties;


Representing a police force in an inquest following a high-speed police pursuit death;


Inquest relating to the murder of a young man, where several police forces are alleged to have responded inadequately to warnings from his family;


Inquest relating to the death of a young woman following a drugs overdose, involving issues of multi-agency cooperation and where approximately ten public authorities were interested parties;


Acting for local authorities in inquests concerning care assessments, placement in care homes, deaths related to hoarding while living in the community etc.

Alex is frequently instructed in complex/catastrophic personal injury claims (both by claimants and defendants) and clinical negligence claims (especially concerning mental health). He has particular expertise of workplace stress claims, high-value psychiatric injury, cases where fundamental dishonesty is alleged and fatal accident claims. He recently represented a public authority in a High Court claim, for £1 million, in respect of psychiatric injuries. He is currently instructed in a high-value High Court clinical negligence claim against the MOD, combining allegations of misdiagnosis and bullying/harassment.

Alex delivers lectures on workplace stress claims and fundamental dishonesty issues. He is often instructed by defendants when evidence of potential fraud arises in a clam. His 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.

Alex also represents defendants in clinical negligence claims, including the Ministry of Defence and the Ministry of Justice. Alex successfully represented the Ministry of Justice in a 5-day assault trial involving oral evidence from 4 expert witnesses.

Alex frequently deals with novel human rights claims, often intersecting with claims under the Equality Act 2010. Human rights issues also permeate Alex’s public law practice.

Featured Human Rights cases


Article 2 claims, including those which follow inquests;


Article 5 Zenati claims by defendants on remand, where it is alleged that investigations or the prosecution were not conducted properly;


Group litigation pursuant to Article 9 ECHR concerning food in prisons;


Claims pursuant to Articles 3 and 8 in relation to segregation, including by transgender prisoners;


Article 8 claims concerned with disclosure and retention of records.

Alex successfully represented both individuals and organisations in judicial review proceedings, including those in respect of decisions reached by police authorities in respect of ill health pensions for police officers, removal of cautions and the policing of protests.

Alex appeared in a leading case concerning freedom of expression and social media: Miller v. College of Policing and Humberside Police [2020] EWHC 225 (Admin), where a leapfrog permission to appeal to the Supreme Court has been granted.

Alex is instructed by the Charity Commission in a number of public law challenges to investigatory decisions.

He represented the Home Office in the Court of Appeal, unled, in the key case concerning ‘grace periods’ in unlawful detention cases R (AC (Algeria)) v SSHD [2020] EWCA Civ 36. 

Alex is instructed as a junior in linked judicial review challenges to the Prison Service’s policies on transgender prisoners.

Alex successfully represented (led by Fiona Barton QC) West Midlands Police in high-profile judicial review and injunction proceedings arising from misconduct proceedings against an assistant chief constable. R (Beale) v. Special Case Panel [2018] EWHC 759 (Admin).

Alex successfully represented Prisons in high-profile judicial review cases involving segregation in terrorism and transgender cases.

He also advised and represented a healthcare charity in respect of judicial proceedings which challenged the part-closure of a hospital. Alex regularly advises police forces in respect of judicial review claims on matters such as handling of complaints, retention of personal and arrest data etc.

He also has particular experience of and interest in providing advice in respect of proposed national policies on matters as varied as the impact of energy efficiency schemes, the retention of electronic data and inter-agency assistance in respect of enforcing confiscation orders. Alex spent 3 months on secondment to Her Majesty’s Inspectorate of Constabulary where he advised on public law issues and the interaction of various agencies within the policing landscape.

Alex accepts Public Access instructions from individuals and companies, across the range of his practice. Alex has been instructed in relation to commercial/contract disputes, including High Court litigation.

Alex is regularly instructed by Small and Medium Enterprises in respect of claims involving debt recovery, breaches of contract and Equality Act 2010 matters (for example, by a boutique hotel in respect of a disability discrimination claim concerning the services of its restaurant).

Alex has extensive experience of complex employment law claims, both on behalf of individuals and organisations (including government departments). He appears at multi-day discrimination hearings (with particular expertise in disability, age and sex discrimination). He has particular experience of advising and representing individuals working within the financial services industry, including in relation to restrictive covenants and exit negotiations. He has represented a range of individuals, from a head teacher to the ex-CEO of a publically listed company bringing a whistleblowing claim for several million pounds.

Alex is frequently involved in drafting pleadings in employment matters (in particular discrimination cases) as well as advising in such cases. 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.

Alex advises on all aspects of employment law, including on non-contentious issues such as the impact of the Agency Workers Regulations as well as Transfer of Undertakings (Protection of Employment) Regulations 2006 issues. He has experience in delivering seminars to businesses on topics such as TUPE, with a focus on practical guidance.

Alex co-authored a textbook on Tribunal litigation.

Alex is ranked as a leading junior in the Inquests and Inquiries category of The Legal 500.

Alex has extensive experience of Public Inquiries, across two of the largest recent Inquiries: the Grenfell Tower Inquiry and the UK Covid-19 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 specialises in police law, inquests/inquiries, data protection/information law, employment law, public law and workplace stress/psychiatric injury claims. He has been a member of the Attorney General’s C Panel of Counsel since 2015.

Alex is frequently instructed in complex/catastrophic personal injury claims (both by claimants and defendants). He has particular expertise of workplace stress claims, high-value psychiatric injury, cases where fundamental dishonesty is alleged and fatal accident claims. He recently represented a public authority in a High Court claim, for £1 million, in respect of psychiatric injuries.

Alex delivers lectures on workplace stress claims and fundamental dishonesty issues. He is often instructed by defendants when evidence of potential fraud arises in a clam. His 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.

Alex also represents defendants in clinical negligence claims, including the Ministry of Defence and the Ministry of Justice.

Featured Healthcare cases


He is currently instructed in a high-value High Court clinical negligence claim against the MOD, combining allegations of misdiagnosis and bullying/harassment.


Alex successfully represented (led by Fiona Barton QC) West Midlands Police in high-profile judicial review and injunction proceedings arising from misconduct proceedings against an assistant chief constable: R (Beale) v. Special Case Panel [2018] EWHC 759 (Admin);


Grenfell Tower Inquiry (Junior Counsel to the Inquiry);


Several unled hearings in the Court of Appeal which resulted in important guidance in their respective areas of law: employment law (Way v. Spectrum Property Care Limited [2015] EWCA Civ 381) and negligence (Flanagan v. Greenbanks Ltd. [2013] EWCA Civ 1702);


Civil jury claim involving two co-defendants, where Alex successfully secured dismissal of the claim against his client, Serco;


High Court claim, for £1 million, in respect of psychiatric injuries;


The full spectrum of high-profile Article 2 jury inquests, representing law enforcement agencies, Prisons, local authorities and healthcare providers;


Judicial review proceedings challenging the segregation of prisoners (including cases of TACT/terrorism prisoners, involving sensitive material, as well as transgender cases);


Litigation in the High Court concerning the correct ambit of data protection legislationaltion, in respect of Subject Access Requests and inter-agency disclosures of material;


Re X and Y (Children) [2015] EWHC 2358 (Fam) – Representing the Government in the leading case on the novel use of GPS tagging in cases of radicalisation.

Alex is a specialist in inquests and inquiries. As Counsel to the Grenfell Inquiry for several years (leading on disclosure issues in Phase 1 and responsible for a team of junior counsel in Phase 2), Alex has undertaken advocacy during the hearings. He can offer invaluable insight to core participants in relation to the approach likely to be adopted by the Chairperson and the Inquiry Team at future inquiries.

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.

In 2020 Alex was promoted to the Attorney General’s B Panel of Counsel, following 5 years as a member of the Attorney General’s C Panel. He has extensive experience of complex Article 2 inquests throughout this time and has been instructed by several Senior Coroners.

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"Alex provides clear and practical advice with detailed knowledge of complex legislation such as the Data Protection Act."


Instructing Alex
Please contact Dan Waple if you have any questions or wish to instruct us.

Call +44 (0)20 7410 2000 or click here to email

Education & Qualifications

  • 2010 – Called to the Bar by Gray’s Inn – Awarded the Inn’s Bedingfield Scholarship as well as an LLM scholarship
  • 2010 – Bar Vocational Course at BPP (London)
  • 2010 – (BPP) LLM (distinction) – dual focus on disability discrimination under the Equality Act
  • 2010 –  and Coroners’ Inquests involving police/public authorities
  • 2008 – Durham University, LLB (First)

Memberships

  • Alex is a member of the Society for Computers and Law.

Appointments

2015 Appointed to the Attorney General’s C Panel of Counsel

Career

Before joining the Bar, Alex worked within the asylum/human rights litigation sector for several years.

Publications

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.

 

Legal 500 2024

“Alex provides clear and practical advice with detailed knowledge of complex legislation such as the Data Protection Act.”

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