Direct Access Barrister

John Rowland Otieno

Direct Access Barrister

John Rowland Otieno

I have been a barrister since 1979 with a civil law practice, specialising in helping my clients with issues relating to cases on Employment, Freedom of information, Human Rights, Immigration, Negligence resulting in personal injury or damage to property, and Wills and Probate.

I have demonstrated excellent client care in my practice and travel to Courts outside my location to attend to my clients cases. As I am also authorised to conduct the litigation process without another legal intermediary, my clients only pay my fees and not that of an intermediary also as would usually be the case if I were not authorised to conduct the litigation process. I will normally respond to an enquiry within 48 hours.

Area of Law

Employment and Pensions

Employment Law concerns the relationship between employers and employees. It determines what employers can expect from and ask of, their employees and their employees' rights at work. It includes matters relating to employment contracts, grievances, disciplinaries including gross misconduct, pensions and other benefits, and discrimination at work contrary to the Equality Act 2010. Often the issues involved are Unfair Dismissal, Discrimination, Whistle-Blowing, Harassment, Victimisation, Equal Pay, and Unlawful Deductions. I advise my clients as to their legal rights and where necessary conduct the proceedings and represent them at the Tribunal Hearings.

Freedom of Information and Data Protection

Information law barristers typically work on cases that concern freedom of information, data protection, human rights, confidentiality, and privacy. Data protection and privacy law relates to the use and storage of people's personal data by third parties ( such as employer, public bodies, online companies, and suchlike), whilst the Freedom of Information Act 2000 and related legislation gives members of the public a right to obtain information held by public bodies, subject to limited exceptions. The General Data Protection Regulation now regulates Data protection. I advise my clients as to their legal rights and where necessary conduct any proceedings on their behalf.

Health and Safety, including Product Liability

Health and safety law governs the responsibilities of companies to ensure that their products are safe for consumers and their working environments are safe for employees. Both criminal and civil law apply to workplace health and safety, and companies that fail to ensure that the working environment is safe for their employees can face consequences including fines or prison sentences. I advise my clients as to their legal rights and responsibilities. Where necessary I conduct and represent them in any Court proceedings.

Human Rights

Human rights cover the basic rights and freedoms that are guaranteed, in, law, to everyone. In the UK, a person's rights are set out in the Human Rights Act 1998. I advise my clients accordingly and where necessary I conduct the proceedings and represent them in Court.

Immigration, Asylum and Nationality

UK Immigration Law determines who can enter the UK, who can stay and what they are permitted to do while in the UK. These are vast, complex and change frequently. They includes areas such as deportation ( the removal of a person from a country that they are not supposed to be in ), unlawful detention ( when law enforcement restricts a person's freedom without just cause ), and refugee status. I advise my clients on all aspects of Immigration and conduct Immigration Bail,Deportation or Settlement proceedings on their behalf.

Personal Injury

Personal injury focuses on the recovery of compensation after incidents of recognisable psychological, emotional, or physical damage caused by the actions,or inactions, of others. I advise my clients as to their legal rights and amount of compensation they should claim. Where necessary I conduct and represent the clients in any Court proceedings..

Wills and Probate

I help my clients to resolve a wide range of inheritance related issues and disputes. Probate is the process of proving that a Will is valid. A valid Will confirms the person nominated by the deceased person to implement their instructions. Where the deceased has left no Will the estate of the deceased is administered by their close relatives. The process is by Letters of Administration. In the circumstances I conduct the process and ensure the estate is distributed to everyone entitled to it.

What sort of work do I do?

An example of the sort of work I do relates to Wills and Probate. There are three broad areas. First is where there is a Will but it is disputed. Second is where there is a Will but it is not disputed. Third is where there is no Will.

Where there is a parent's Will which leaves all their estate to ,say an animal charity, it may be disputed by a child who considers they should inherit some of the estate. In that case my client could be the animal charity or the child

Where there is a Will, the terms of which are not disputed, and I am instructed by the Executors I help with the process of obtaining the Grant of Probate.

Where there is no Will but the close relatives permitted by law to claim the proceeds of the estate agree to instruct me I am able to help with the process of obtaining the Letters of Administration and ensure that the estate is distributed as agreed.

Who do I work for?

My clients are everyone needing my help in civil law cases, especially in the legal areas I mention in this Profile, and I am able to help when I am not helping others. For example, in Immigration I have helped with the settlement in the UK of a lady from the Phillipinnes who was married to an Englishman in Cyprus. In another example, a Wills and Probate case, there was a Will but the Executors were not talking to each other. One of the Executors was the widow of the deceased. The other Executor, my client, was the deceased's son.

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