Direct Access Barrister

Paul Schwartfeger

Direct Access Barrister

Paul Schwartfeger

Paul has a strong and wide-ranging commercial litigation and international arbitration practice, with a particular focus on disputes that engage with technology and data, including personal data under the General Data Protection Regulation (GDPR).

Paul has proved himself a distinguished advocate as sole counsel in the High Court, and has assisted as junior counsel in the Court of Appeal and Supreme Court. He is complimented by clients for his ability to grapple with complex cases and litigation involving multiple jurisdictions. He is well-regarded by clients for his comprehensive and practical advice.

Paul has a deep understanding of technology from his years working across Europe and the US as a technology and business consultant. He regularly puts this expertise into practice at the bar, finding novel and pragmatic ways to help clients meet the opportunities and legal and regulatory challenges before them.

Area of Law

Banking and Financial Services

Paul accepts instructions on various financial services matters including providing early advice around issues such as whether the Financial Conduct Authority’s (FCA) Perimeter Guidance has been breached and advising firms on the obtaining of regulatory approval in the UK. Paul's banking and financial services experience includes acting for a corporate claimant in litigation following the defendant’s mis-selling of a business loan and related financial products and services, and acting for claimants and defendants in actions for undisclosed commissions and unfair relationships.

Business and Corporate

Paul regularly appears as sole counsel in business and corporate matters and has acted both for and against multinational corporations. He is frequently instructed to advise and draft statements of case on a variety of corporate matters, including contract disputes, shareholder disputes and actions against directors for breaches of fiduciary duty.

Chancery

Paul handles a variety of commercial chancery matters ranging from company disputes and corporate insolvencies to intellectual property issues, fraud and the recovery of stolen assets including cryptoassets.

Commercial

Paul has extensive experience in general commercial matters, including commercial contract disputes, construction disputes, consumer trading and unfair trading practices litigation, and intellectual property disputes. In addition to representing clients in court, Paul has a growing practice acting for clients in international arbitrations and mediations. Paul has a strong commercial acumen, having worked in industry as a technology and business consultant for some 20 years before coming to the bar.

Freedom of Information and Data Protection

Paul’s extensive data protection and privacy practice includes matters before domestic courts and tribunals involving actions for breach of data protection laws, breach of confidence and the misuse of private information. Paul's specialist technology knowledge and expertise enables him to provide targeted and pragmatic advice in data protection matters, including as concerns the processing of special category data under the GDPR, to which Paul recently secured a successful outcome for a facial recognition company following an investigation into the lawfulness of its processing of biometric data by the Information Commissioner's Office.

Information Technology and Telecommunications

Paul has more than 20 years' experience working in the Information Technology sector, first in industry then as counsel. Putting his knowledge of software development procedures and licensing rights into action, Paul advised a leading artificial intelligence firm on its litigation strategy in a substantial claim brought against it for breach of contract, breach of confidence, breach of fiduciary duty and infringement of copyright, and successfully negotiated an eleventh-hour settlement for a firm following a failed IT services delivery contract. Paul is regularly instructed to advise and appear as counsel in IT disputes.

Intellectual Property 

Paul has a growing contentious and non-contentious intellectual property (IP) practice, having appeared as sole counsel and advised on various IP matters including drafting property transfer, assignment and licensing agreements. Paul successfully defended an infringement action brought against a social media client for an alleged breach of intellectual property rights asserted in user-generated content and has assisted numerous companies in domain name disputes including actions for passing off.

Regulatory

Paul has substantial experience advising also on the regulatory and compliance requirements of virtual assets including non-fungible tokens (NFTs) and initial coin offering (ICO) drops, as well as the law as it relates to smart contracts, blockchain and other distributed ledger technologies. His extensive industry and legal expertise in data distinguishes him when advising clients on data protection and artificial intelligence matters, including the GDPR, EU AI Act and related regulations.

What sort of work do I do?

Paul accepts instructions in various commercial litigation and international arbitration matters, acting both for and against businesses and multinational corporations including in banking and financial services disputes, shareholder disputes, contract disputes, data protection and privacy matters, copyright and intellectual property actions, and general company and insolvency matters.

Paul regularly provides strategic legal and development advice to start-ups and established businesses alike, including by reviewing and drafting key company documentation such as shareholder agreements, company policies and business terms. His technology expertise sets him apart when advising on the regulation of cryptoassets, blockchain and other distributed ledger technologies, data transfers and data compliance, and artificial intelligence solutions.

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