Actions Against the Police

View Team Members »
View Cases »
View What the Directories Say »

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 2010. Within the team, a good mix of QC's and 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

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 and Partners, 2010

This excellent set continues to be one of the go-to chambers for claimant-side police law work, despite the loss of its leading performer Keir Starmer. A great force in this field, Starmer is now the Director of Public Prosecutions. Demonstrating its ambitions for further growth, the set has opened new premises in Manchester and recruited some of the best names on the Northern circuit. Its London headquarters, meanwhile, continues to house a collection of individuals who are widely recognised as being "strong, fully committed and some of the best in the business." The actions against the police team handles civil and criminal cases, and has expertise in bringing discrimination claims against the police. It takes on a host of judicial review work and regularly advises on applications to the Home Office for compensation for miscarriages of justice. Very much up to date in all it does, it has further developed expertise in the new system of police complaints. Clients are particularly impressed by the talented clerks at Doughty Street Chambers and regard them as a great asset to the set. Members from here recently acted in Marper v UK, a successful case in the ECHR where the court overturned a decision of the House of Lords that found that the retention of DNA samples of acquitted persons was lawful. Richard Hermer QC "is phenomenally bright and great on his feet," according to sources. This talented young silk maintains a consistently impressive reputation for work across the field. Heather Williams QC specialises in trial, appellate and advisory work in civil liberties and human rights and police law. She is considered "incredibly bright and a really good fighter. The organisation of her arguments into a coherent whole is a wonder to behold." Also boasting a varied practice, Patrick O'Connor QC has "a really fine and lengthy track record in this area and a wonderful skills base to work from; he is first-class." Stephen Cragg represents claimants in a wide range of judicial review proceedings. Commentators declare him "second to none when it comes to understanding the limits of police powers." Excellent both on advices and on his feet, he was a key figure on the Marper case where he once again demonstrated that "there are few better than him on the law." Henrietta Hill specialises in civil actions against the police, inquests (involving police forces), employment discrimination and related public law work. She is praised as being "fantastic on her feet, very tenacious, on the ball and extremely capable." She recently acted in the Jean Charles de Menezes inquest. Phillippa Kaufmann's practice includes private law claims for false imprisonment, malicious prosecution, misfeasance and negligence, as well as inquests involving deaths in both police and prison custody. She is "a fluent, client-focused advocate who gets to the point quickly and expresses her views robustly." Ruth Brander continues to build up an impressive practice centred around crime, prison and police law. Particularly effective at parole hearings, inquests and related public law, "she always has an extremely good grasp of the issues and is a superb advocate," say sources. Alison Gerry's practice covers prison law, mental health, actions against the police, inquests and related public law. She has particular expertise in international human rights law and the ECHR, and is considered "a very impressive practitioner with some important cases behind her." Finally, Nick Stanage is a newcomer to the set. Having previously practised at Garden Court North, he has now become one of the founding members of Doughty Street's new Manchester arm. He has an impressive practice and is considered "a really fantastic trial barrister with significant experience in this area."

Chambers & Partners, 2009

The Actions Against the Police team at Doughty Street Chambers is, according to solicitors, recognised as one of the - if not the - top chambers for this kind of work, boasting "quality across the board and a commitment to seeking justice for the individual." Members of the team regularly act in High Court and County Court claims against the police, and also have a strong presence in appellate work and related judicial review claims. Expertise on both the criminal and civil side means that the lawyers here can combine an awareness of civil procedure with highly effective advocacy and cross-examination skills. Members at all levels of seniority are able to cover the main categories of work, including actions under the Human Rights Act, the Data Protection Act and the Fatal Accidents Act, as well as negligence cases, breach of confidence actions and claims for the recovery of property. The "exceptionally bright" Heather Williams QC continues to impress as a top choice for heavyweight matters, thanks to her "ability to tell you in no time at all how strong a claim is" and her "tactical, low-key advocacy." Having acted in a number of high-profile malicious prosecution cases over the years, including Michael O'Brien's claim alongside Keir Starmer QC, she is also regularly engaged in civil law claims against the police at both trial and appellate level. Moreover, she frequently represents victims of miscarriages of justice in their applications for compensation: this was the case in R (Clibery) v Secretary of State for the Home Department, which dealt with the meaning of miscarriage of justice under the statutory compensation scheme. Patrick O'Connor QC is an "incisive and ferocious cross-examiner" who "works phenomenally hard and is completely fearless." He has conducted a number of high-profile miscarriage of justice appeals, such as the Guildford Four, Birmingham Six and Carl Bridgewater cases. He has also carried out significant civil claims against the police, including successes in Halford v Brookes and Francisco v Diedrick, the first two civil claims for victims' families against unconvicted murderers (both were later convicted). Recognised as being "pivotal to the area of police law," Stephen Cragg leads the Actions Against the Police team. His practice encompasses advice and litigation in civil actions against the police, appearing at inquests into deaths in police custody, and acting generally in public law and human rights cases involving the police. Recent work includes representing the applicants in Marper v UK, a case concerning the retention by the police of the DNA samples of acquitted individuals. Of late, he has also been involved in two important cases dealing with the miscarriage of justice compensation schemes: R (Niazi & Others) v Secretary of State for the Home Department and the Court of Appeal case of Lotfi Raissi. Cragg is "an eloquent advocate who inspires confidence" and "remains extremely committed and determined to the cause." Richard Hermer has acted on a number of leading civil actions against the police, such as Ashley v Chief Constable of Sussex, a claim arising from a fatal shooting that was listed before the House of Lords in 2008. He is also currently involved in Moore v Greater Manchester Police, a case concerning an alleged high-level conspiracy to prosecute the claimant. Solicitors praise him as "incredibly enthusiastic and bright." Henrietta Hill 's practice covers civil actions against the police, inquests and public law cases involving police forces. Something of an expert on discrimination claims, she recently represented the claimants in Lynford v Chief Constable of Sussex, a successful and widely publicised sex discrimination claim brought by the only female officer in the Gatwick Airport firearms squad. Throughout 2007 she has also acted for the family of Jean Charles de Menezes, appearing at several high-profile hearings before the coroner and in the judicial reviews seeking to challenge the CPS refusal to prosecute any individual officers involved in the case. Instructing solicitors appreciate her " detailed and comprehensive advice" and her flexible approach. She is also greatly valued as a trial advocate. Phillippa Kaufmann is "sharp as a tack" and "has the ability to get the jury hanging on her every word." Her police law practice comprises civil claims against the police and appearances at death in custody inquests. Recent work has included Lynch v Chief Constable of the Warwickshire Police, a claim arising from the failure of the police to protect a woman from a fatal attack by her estranged partner. She was also part of the counsel team in R (Niaza & Others) v Secretary of State for the Home Department. Ruth Brander is "very calm, sensible and brave in protecting her clients' rights even when her clients are vulnerable." A "relaxed but firm advocate," she represented the family at the inquest into the death of Lee Anthony Marsh, a mentally ill suspect who died whilst in police custody. Alison Gerry has been identified as a name to watch in police law: solicitors comment that she is "very diligent and hard-working." Blessed with "a great eye for detail," her practice encompasses actions against the police, prisoners' rights and inquests.

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.