Actions Against the Police

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The Actions Against the Police team has considerable experience in this complex and specialised area. Members of the team are regularly engaged in High Court and County Court damages claims against the police, as well as in appellate work and related judicial review claims. Our team is made up of practitioners with expertise in both civil and criminal law, giving a valuable combination of knowledge and skill in litigation, in particular an awareness of civil evidence requirements, law and procedure, combined with forceful cross-examination of police officers and effective speech making.

We are ranked as the number one team for claimant police law actions in the Chambers and Partners Guide for 2006. Within the team, three QC's and five juniors are ranked individually as leaders in this area.

There is considerable overlap between the specialist areas within Chambers which provides a beneficial multi-disciplinary approach to case work. Team members draw on their expertise in human rights work, prisoners' cases, public law, personal injury and fatal accident claims, inquests, medical law, crime, discrimination and professional negligence claims.

The team includes practitioners from all levels in Chambers. Our work covers the main categories of civil claims (assault, false imprisonment, malicious prosecution and misfeasance), as well as actions under the Human Rights Act, the Data Protection Act and the Fatal Accidents Act and cases in negligence, breach of confidence and for recovery of property. Several team members have a particular expertise in bringing discrimination claims against the police. Many of us are engaged in related judicial review work, for example in relation to refusals by the CPS to prosecute, formal cautioning and determinations of police complaints. We have developed an expertise in the new system of police complaints and also regularly advise on applications to the Home Office for compensation for miscarriages of justice.

Over the last few years team members have been involved in many of the leading cases in this area and examples are listed below. Clients have included numerous high profile victims of police misconduct and many activist groups, such as environmental campaigners and peace protesters.

Individual practitioners regularly write and lecture on topics concerning police actions. Our team is actively involved in the Police Actions Lawyers Group, which meets regularly to pool knowledge of recent developments in this area. Heather Williams QC and Stephen Cragg are authors of the Legal Action Group's "Police Misconduct" (4th edition, 2005) and of the six-monthly updates on this area of law published in Legal Action.

Team Members

Seminars & CPD

The Actions Against the Police is running a series of seminars during Spring/Summer 2008.

To book on any of these seminars, please download the attached booking form by clicking here

• Righting the Wrongs: Public Law and the Police

  Tuesday 13 May 2008 from 18:30 to 20:00

  Speakers: Stephen Cragg and Guy Vassall-Adams This seminar will provide a practical introduction to judicial review in the context of police misconduct and an update of important recent cases. …

  
  

• Immigration Detention: Locked Up and Forgotten?

  Wednesday 11 June 2008 from 18:30 to 20:00

  Speakers: Richard Hermer and Laura Dubinsky This session will cover challenges to immigration detention in the county court and higher courts for both civil and immigration practitioners. We will …

  
  

• Deaths in Custody: The Verdict

  Thursday 17 July 2008 from 18:30 to 20:00

  Speakers: Nick Brown and Alison Gerry This seminar will explore the basis upon which issues should be left to the jury in inquests and what can and should be included within a narrative verdict in …

  
  

Cases

Recent cases include:

• Ashley v Chief Constable of Sussex [2006] EWCA Civ 1085 - damages claim arising out of police shooting of James Ashley, considered the ambit of self-defence in an assault claim and ingredients of misfeasance in a public office
• Austin & Saxby v Commission of Police of the Metropolis (2005) HRLR 20 - police powers to detain protestors short of arresting them. To be heard by the Court of Appeal in early 2007
• Butchart v Home Office [2006] EWCA Civ 239 - duty of care owed to those detained in custody to take reasonable steps to avoid them being caused psychiatric injury
• Alder v Chief Constable of Humberside [2006] EWCA Civ 1741 - race discrimination claim under Race Relations Act 1976 could encompass way family of Christopher Alder treated in relation to decisions whether to prosecute police officers over his death
• G v West Yorkshire Police & Director for Public Prosecutions QBD 21/12/06 - legality of detention in police station pending charging decision by Crown Prosecution Service
• R (M) v Gateshead Metropolitan Borough Council QBD 14/03/06 - local authority duty under Children Act to provide accommodation in response to police request pursuant to section 38 Police and Criminal Evidence Act 1984
• Commissioner of Police of the Metropolis v Hurst [2005] 1 WLR 3892 - retrospective application of section 3 Human Rights Act 1998 in relation to resuming an inquest. To be heard by the House of Lords in early 2007.
• O'Brien v Chief Constable of South Wales [2005] 2 AC 534 - House of Lords' decision re use of evidence of officers' previous misconduct as similar fact evidence in malicious prosecution claims
• Brooks v Commissioner of Metropolitan Police [2005] 1 WLR 1495 - House of Lords' decision re duties of care owed by police to victims of crime in context of negligence claim brought by Stephen Lawrence's friend
• R (Green) v Police Complaints Authority [2004] 2 All ER 209 - House of Lords decision re disclosure to complainants of material gathered in investigation of police complaint
• Paul v Chief Constable of Humberside [2004] EWCA Civ 308 - using inferences to establish officers' bad faith for claims in false imprisonment and malicious prosecution
• R v South Yorkshire Police ex parte S & Marper [2004] 1 WLR 2196 HL - retention of DNA samples by police where suspects not prosecuted
• Farquharson v Commissioner of the Metropolitan Police [2003] 31 January, Central London County Court - highest damages award in a civil action against the police case
• R (Amin) v Secretary of State for the Home Department [2003] 3 WLR 1169 - State's duty to investigate deaths in custody pursuant to article 2 of the European Convention on Human Rights
• R (O'Brien) v Independent Assessor [2004] EWCA Civ 1035 - assessment of compensation for wrongful convictions paid by the Home Office under section 133 Criminal Justice Act 1988 and / or the ex gratia scheme

Last updated January 2007

What the Directories say

Chambers & Partners, 2008

Rated by many as "the premier police action team in the country," Doughty Street Chambers has a proven track record in the field. As one solicitor commented: "The service here is second to none - brilliant barristers added to great clerks equal a solicitor's dream." The 'Actions against the Police Team' has barristers of all levels of seniority and draws on the set's wide general public law expertise. All the usual categories of civil claim are covered, such as those for assault, false imprisonment and malicious prosecution, along with other angles such as claims under the Human Rights Act and Fatal Accidents Act. The set has further developed expertise in the new system of police complaints and regularly advises on applications to the Home Office for compensation for miscarriage of justice. Keir Starmer QC has had a formidable year. Frequently present at the House of Lords, he has appeared in all the major cases affecting the area of late, such as Ashley v CC of Sussex, a civil claim arising from the police shooting of James Ashley. Other matters he has been involved in include claims for unlawful detention after the Mayday protests and the settlement of Michael O'Brien's claim for malicious prosecution arising out of his wrongful conviction for murder. "Thorough in his preparation and confident in his stance," he is a popular choice among instructing solicitors. Patrick O'Connor QC is a "top performer" who "cares deeply about the cause of his clients," according to those who use him. A senior silk and a "formidable cross-examiner," he "becomes deeply involved in each and every case he handles." His stellar credentials include working on many of the leading miscarriage of justice claims witnessed in recent years such as the Guildford Four, Birmingham Six and the Carl Bridgewater case. His work involving actions against the police stretches back 20 years and includes winning the first award for claims of police 'torture'. Richard Hermer is enjoying an increasing profile in this area. He is the first choice for many clients who note that he is "a man you can rely on" in mediation. He has a strong domestic and international human rights practice and, while his international work has often involved claims involving the Iraq war, domestically his reputation continues to grow vis-à-vis actions against public authorities. Hermer acted on the aforementioned case of Ashley v Sussex CC, as well as Barry v MPS which involved the highest ever award against a forensic medical examiner. Henrietta Hill retains her reputation as one of the country's leading experts in discrimination claims. Her work encompasses civil actions against the police and criminal justice-related reviews. She attracts work of the highest quality and profile, having acted for the family of Jean Charles de Menezes on the inquest and subsequent challenges to the Director of Public Prosecution's decision not to prosecute the officers involved in his death. The "formidable" Phillippa Kaufmann continues to impress generally and as an expert in prisoners' rights. She acted with Starmer on Austin & Saxby v Commissioner of Police of the Metropolis on claims of unlawful detention arising out of the Mayday protests. "A great all-rounder," Stephen Cragg was praised by clients because "he has the complete package - a good bedside manner, thorough preparation and skill on his feet." Cragg has been acting along with fellow Doughty Street members on R (Bhatt Murphy & Ors) v Secretary of State of the Home Department, an ongoing judicial review challenge to a decision to abolish the ex gratia scheme for compensating victims of miscarriage of justice. Heather Williams QC has "a great brain - she gets to the heart of complex cases immediately." She acted with Starmer on the O'Brien case and had a role in the judicial review of the CPS's decision that there was insufficient evidence to prosecute anyone for offences arising out of the death of Stephen Lawrence following a police re-investigation. Future star Ruth Brander appears regularly in the Crown Courts, at Parole Board hearings and inquests focusing on the rights of vulnerable defendants and detainees. A former 'young legal aid barrister of the year' award winner, she also specialises in representing political protesters in domestic criminal trials.

Legal 500, 2007

On the claimant side, Doughty Street Chambers is well regarded for its work in this area. One solicitor said: 'The standard of expertise and approachability is reliable... very good, if not excellent.' Heather Williams QC and Keir Starmer QC are leading lights, acting on cases like the May Day protest case of Austin & Saxby and Ashley v Chief Constable of Sussex Police. Williams has a dedicated practice in this area and was successful in the civil action cases of O'Brien and Joseph. Phillippa | Kaufmann is well regarded for her advocacy skills and is seen as 'extremely bright'; Henrietta Hill has a dedicated following for her work, most notably the Jean Charles de Menezes case (the 2005 Stockwell Tube shooting). She is 'liked by juries' and is 'smooth on her feet' seen as 'dedicated and enthusiastic...a very good team player' and 'not frightened to put forward difficult arguments'. Richard Hermer is also recommended.

Chamber & Partners, 2007

Clearly a front runner in this area, Doughty Street Chambers is viewed as the finest claimant set and is involved in the "highest volume of cases and the most important matters." Its "strong and dedicated" team prioritises this type of work and is abetted by a "fantastically supportive group of clerks". The group's dynamic is collegiate and skill-sharing, ensuring that the full gamut of claims can be covered to a superior level. Issues handled with frequency include malicious prosecution, inquests, wrongful arrests, judicial reviews, prison law and discrimination, to name but a few. Patrick O'Connor QC is undisputedly at the forefront of this work and is a "hugely talented major player boasting a wealth of experience". He has fought some of the grossest miscarriages of justice in legal history including the Gerry and Giuseppe Conlon appeal of the Guildford Four case, the Birmingham Six case and the M25 appeal for Raphael Rowe. Instructing solicitors choose him for complex paper trials but also praise his "formidable advocacy and tigerish cross-examination". Boasting a stellar reputation, he remains firmly dedicated to the cause and has acted pro bono at inquests for the families of the victims of death in police custody. Keir Starmer QC is an interesting opponent in that "he's not a showman and knows that the majority of police officers are hard-working decent people. He makes a devastating opponent because he's realistic and fair". Peers rate him as their "top tip for cases where police law and human rights collide". The recipient of many accolades, Starmer was appointed as human rights adviser to the Policing Board in Northern Ireland in order to ensure its compliance with obligations under the Human Rights Act. Richard Hermer's practice also has a strong human rights feel. He has a heavy international caseload that is complemented by a domestic practice focusing on civil actions against the police and other public authorities. Interviewees described him as "brilliant, impressive, easy to work with and rated by judges". They further highlighted his skill for handling expert witnesses well. Henrietta Hill is reported as skilled in many aspects of police law, including inquests, civil actions, jury trials and shooting cases. However, her real forte lies in race discrimination claims, where she remains an undisputed leader. Felt to have made the area her own, she has published an available practitioners text on the subject. Solicitors choose her for her "excellent, deeply analytical and well-balanced advices and pleadings". Not one to be outdone in the courtroom, her advocacy is "gutsy yet eloquent - she knows it's not about rowing all the time". "Leading junior" and "class act" Phillippa Kaufmann is chosen by solicitors for her "great judgement and clarity of thought when it comes to tough legal issues". Although she specialises in prisoners' rights cases, she clearly features in police law cases too and has appeared in cases such as the May Day case in the High Court. Peers admired her abilities in public law cases, describing her as "a beautiful advocate who is both fluent and charming". "Brilliant, clever and hard-working", Heather Williams QC is seen to be "going from strength to strength" in this arena. She recently worked on the ground-breaking case O'Brien v Chief Constable of South Wales where the admissibility of similar fact evidence in civil trials was allowed for the first time. Her "tell-it-like-it-is approach", "superior analytical skills" and "calm, unflappable nature" went down well with interviewees. However passionate and heated things get in the courtroom, Stephen Cragg is "impossible to fall out with because he's such a likeable character". His recent highlights include working on the Hurst case, as well as co-authoring the Legal Action Group publication 'Police Misconduct: Legal Remedies'. "Efficient and courteous," Anthony Metzer is a "pleasant, likeable opponent, with a substantial police practice". Instructing solicitors were swift to praise his "comprehensive written advice and skill on his feet". Of late, he has been involved in a case concerning data protection issues, where he achieved a favourable settlement for his client.