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 2011 and have been so listed for a number of years. Out of the 23 barristers recommended in the Guide, nine come from Doughty Street. 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. Many members are highly ranked in these areas also.

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 operation of the 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 (with Tony Murphy of Bhatt Murphy) of the six-monthly updates on this area of law published in Legal Action. To download or view any of these articles from April 2005 - April 2009 please click here. For more recent articles please click on the links April 09 October 09 April 10 May 10 October 10 April 11.

Team Members

Cases

Recent cases include:

• GC and C v Metropolitan Police Commissioner [2010] H.R.L.R. 34 - retention of DNA samples and Article 8 - appeal listed for the Supreme Court, January 2011.
  
  
• R (L) v Metropolitan Police Commissioner [2010] 1 AC 410, SC -duty of police to disclose information for enhanced criminal record certificates, and Art 8.
  
  
• E v Home Office (21 August 2010) - quantum in false imprisonment cases.
  
  
• Marper v UK (App nos 30562/04 and 30566/04) (2009) 48 EHRR 50 -UK's policy of retaining DNA samples for unconvicted persons ruled unlawful by Grand Chamber of ECtHR.
  
  
• Austin v Commissioner of Police of the Metropolis [2009] 1 AC 564 -the legality under art 5 of the police tactic of "kettling" (in the context of Mayday protestors held for many hours in Oxford Circus). Case is now the subject of an ongoing application to the European Court of Human Rights.
  
  
• Van Colle v Chief Constable of Hertfordshire: Smith v Chief Constable of Sussex [2009] 1 AC 225 HL, - test cases on scope of Art 2 and cases in negligence on the extent to which police owed a duty of care to protect foreseeable victims of crime.
  
  
• R. (on the application of Saunders) v Independent Police Complaints Commission [2009] EWCA Civ 187 - investigation guidelines for death in custody cases.
  
  
• Ministry of Justice v Scott [2009] EWCA Civ 1215 -concerning when an action in malicious prosecution can be brought against a person who makes a deliberately false complaint to the police, which leads to the claimant's prosecution.
  
  
• R (Miller) v Independent Assessor [2009] EWCA Civ 609, (the correct approach to evaluating compensation for loss of liberty).
  
  
• Johnston v Chief Constable of Merseyside [2009] EWHC 2969 (limitation periods under the MHA 1983)
  
  
• G v Chief Constable of West Yorkshire [2008] EWCA Civ 28; [2008] 1 WLR 550; [2008] 4 All ER 594 (detention at the police station for charging decision)
  
  
• R (Raissi) v Secretary of State for Home Department [2008] QB 836 and [2010] EWCA Civ 337 -application of ex gratia miscarriage of justice scheme to extradition cases and 9/11 suspect.
  
  
• Ashley v Chief Constable of Sussex [2008] 1 AC 962, HL - 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.
  
  
• Commissioner of Police of the Metropolis v Hurst [2007] 2 AC 189] - retrospective application of section 3 Human Rights Act 1998 in relation to resuming an inquest.
  
  
• 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.
  
  
• 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.
  
  
• 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

 

What the Directories say

Chambers and Partners, 2011

Doughty Street Chambers is the leading set in claimant-side police law and civil liberty cases, and a haven for some of the most driven barristers anywhere at the Bar. It has talent across the set and covers all types of civil actions. Expert in Human Rights Act, Data Protection Act and Fatal Accidents Act issues, the set undertakes a substantial range of judicial review work and frequently advises on applications for compensation for miscarriages of justice to the Home Office. Its members recently acted for the claimant in Austin v Commissioner of Police of the Metropolis, the House of Lords matter concerning crowd 'kettling' procedures and their application during May Day protests. The set also acted in the prominent House of Lords case R(L) v Metropolitan Police Commissioner, which involved issues relating to Article 8 and police powers to disclose information to employers.

Deputy head of chambers Heather Williams QC is an eminently respected police law, civil liberties and human rights expert. She recently took the spotlight with her lead in the Austin v Commissioner of Police of the Metropolis appeal to the House of Lords. She also appeared for the appellant in R (Miller) v Independent Assessor, a successful appeal relating to the assessment of compensation for long-term loss of liberty. Commentators attest to her brilliance, stating that "she is absolutely fantastic when it comes to rooting out the best legal points," and she is particularly strong on discrimination cases. Richard Hermer QC is no less celebrated in the fields of police law, civil liberties and international public law. Sources appreciate his "clear and concise, analytical style." Also respected amongst the silks, the tremendously experienced Patrick O'Connor QC is renowned for his long-established and broad-ranging civil and criminal law practice. He is viewed as "a real senior statesman who has more experience of complex cases than most."

Stephen Cragg is a highly respected figure in human rights cases in the criminal and social welfare arenas, and regularly represents claimants in an array of judicial review proceedings. His recent highlights include leading in the House of Lords case R(L) v Metropolitan Police Commissioner, where he once again demonstrated that "there are few juniors better than him when it comes to sheer knowledge of the law in this area." Also recommended, Henrietta Hill is a lauded expert in civil actions against the police, employment discrimination and inquests. She has continued in her representation of the family of Jean Charles de Menezes, and played a key role in the successful settlement of the family's claim for damages. In such work, she demonstrates "the sensitivity to handle difficult issues, and the judgement to know which points to run with and how to run with them." Phillippa Kaufmann is a star of the civil liberties sector and an expert in actions against the police, including false imprisonment, malicious prosecution, misfeasance and negligence issues, and cases involving prisoners' rights. She has been heavily involved in the high-profile case of Austin v Commissioner of Police of the Metropolis, along with Heather Williams QC, concerning police tactics of public containment. Solicitors like that Kaufmann "prepares impeccably and has the ability to demystify the law for the client." Alison Gerry is highly regarded for her work involving actions against the police, prison law, mental health and related inquests. She is also noted for her strength with international human rights issues and ECHR. The "supremely intelligent" Ruth Brander, meanwhile, continues to develop an extremely fine practice in crime, prison and police law. Her recent portfolio of high-profile cases includes a number of prison-related matters, and an instruction on behalf of a protestor in his claim against the Metropolitan Police for assault during Climate Camp 2007. Like Brander, Nick Stanage receives praise as a rising name in the field. He has a broad remit of expertise covering civil claims against the police, as well as prison and human rights issues.

 

Legal 500, 2011

The clerks at Doughty Street Chambers are 'fantastic and really obliging'. The barristers 'stand out for their thorough knowledge of the law and because their first thought and focus is to ensure that the client's needs are met'. Heather Williams QC is 'meticulous, incisive and compelling', while Edward Fitzgerald CBE QC and Kate Markus have a 'dedication to preserving the rights of vulnerable people, and are never afraid to explore interesting legal arguments'. Paul Bowen has 'a well-earned reputation for intellectual incisiveness'. Stephen Cragg is 'a genius - super knowledgeable and very talented'. Philippa Kaufmann is 'phenomenally bright and enthusiastic. She is hardworking and imaginative in the way she approaches a case'. Nick Stanage is 'charismatic and knows how to get the best out of the client on the stand, and the worst out of the defendant in cross-examination'.

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."