Austin Mahler

Call 2016


Austin acts for both claimants and defendants in contractual and tortious commercial disputes. He has appeared both led and as sole junior in a number of cases involving allegations of repudiatory breach of construction contracts and loss-of-a-chance.

Austin brings a pragmatic and commercial approach to these cases, backed up with exhaustive research. In a quantum trial in the TCC in Redbourn Group v Fairgate Group [2018] EWHC 658, Austin and his leader, Andrew Miller QC, successfully argued that the defendant’s breach of a construction and development contract did not cause the claimant to lose a chance to earn performance fees. He has since assisted in a high-value commercial arbitration arising out of the breakdown of a multinational hydrocarbon joint-venture.

Acting recently on behalf of the claimant following the breakdown of a waste disposal facility construction contract, Austin drafted pleadings and provided advice leading to a swift and generous pre-issue settlement. He has also prepared the successful application for an expedited trial in a case involving alleged breaches of an SPA and funds held in a time-limited escrow account following the sale of a pharmaceutical company: Takeda Pharmaceutical v Fougera Sweden Holding 2 [2017] EWHC 1402 (Ch).

Austin has also been instructed in matters related to enforcement of restrictive covenants and the protection of commercially sensitive data. He accepts instructions in freezing injunctions and non-party disclosure orders.

Notable Commercial Dispute Resolution cases

Redbourn Group v Fairgate Group [2018] EWHC 658

Takeda Pharmaceutical v Fougera Sweden Holding 2 [2017] EWHC 1402 (Ch)

Austin is instructed both for and against insurers in coverage and subrogation related disputes. He is currently instructed in cases relating to avoidance for misrepresentation under the law both before and after the Consumer Insurance (Disclosure and Representations) Act 2012. He recently advised BUPA on its right to bring a subrogated claim for the cost of health care for an employee covered by the employer’s group insurance policy. He has also advised a real estate insurer in an indemnity claim involving the question of whether a free-standing seawall fell within ‘buildings’ cover.

Austin is building a practice in disputes involving conflicts of law. He has acted on behalf of both claimants and defendants in travel law cases and has been instructed as sole junior in a claim involving breach of a contract for the international sale of goods.

Austin taught himself New York law and passed the New York State Bar Exam and Multistate Professional Responsibility Exam. He has completed his qualifications and is currently awaiting admission to the New York State Bar.

Austin has appeared in the Winding-Up Court and in the county courts in insolvency and debt recovery matters and has advised in a range of related disputes. He has recently advised on a proposed claim against the receivers and liquidators of Anglo Irish Bank following the financial crisis.

Austin regularly appears in a range of trials, interim hearings, and appeals in personal injury cases. He is also often instructed to settle pleadings and advise in conference. He has particular experience in navigating costs in QOCS cases.

He was instructed by the UK Foreign and Commonwealth Office to assist with the Kenya Emergency Group Litigation (Kimathi & Others v Foreign & Commonwealth Office), a case involving over 40,000 claimants alleging personal injuries arising out of the Mau Mau uprising in Kenya during the 1950s.

Notable Personal Injury cases

Kimathi & Others v Foreign & Commonwealth Office

Privacy Policy

Austin Mahler Privacy Policy

My contact details:

ICO Reg No: ZA249120
Address: 2 Temple Gardens, London, EC4Y 9AY
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.


As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane

Helpline number: 0303 123 1113
ICO website:

© Briefed Ltd 2021. All Rights Reserved.

  • Queen Mother (Major) Scholarship, Middle Temple

  • New York State Attorney
  • BPTC
  • LLM (Distinction), London School of Economics & Political Science
  • BA (Hons), Trinity Hall, Cambridge University

  • PIBA

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