Police Law: Mainly Claimant: All Circuits

THE SET This public law and civil liberties powerhouse remains the number-one choice for claimant police law actions. Its members are barristers of the highest academic pedigree who excel in the area, and are regularly engaged in High Court and County Court damages claims against the police. They also feature heavily in appellate work and judicial reviews. Work undertaken includes claims of false imprisonment, malicious prosecution and assault, as well as more complex actions brought under the Human Rights Act, the Data Protection Act and the Fatal Accidents Act. 

SILKS Heather Williams QC is "a lawyer of keen intelligence who always makes persuasive arguments." She is currently instructed in the significant case of ZH v Commissioner of Police for the Metropolis, a claim for assault, false imprisonment and disability discrimination relating to police officers’ treatment of a severely autistic young man. Williams is deemed a big name in the field. Patrick O'Connor QC is an "extraordinary resource of knowledge," and recently appeared in the inquest into the July 7th bombings, acting for the families of the victims. When handling police law work he is known for being a penetrating cross-examiner. New silk Phillippa Kaufmann QC is unanimously perceived as "amazing" and a "sincere and committed" silk. She is a lauded as an expert in the operation of the criminal justice system at all levels and regularly appears in inquests involving deaths in police and prison custody. She recently handled a successful mediation arising out of the failure of the police to carry out an effective investigation into a claimant’s complaint that she was a victim of child trafficking.

JUNIORS Sources say that "it is only a matter of time before Stephen Cragg takes silk." He is the lead advocate for GC in the Supreme Court case of GC and C v Metropolitan Police Commissioner, which revisited the previous House of Lords decision on the retention of DNA samples. He also led in the cutting-edge case of R (L) v Metropolitan Police Commissioner, which gave greater rights to would-be employees working with children and vulnerable adults under Article 8 of the ECHR. The "super-bright" Henrietta Hill is a "great fighter on her feet" and "knows the law inside out." Interviewees are full of praise for this discrimination law expert. She was instructed in Lynford v Chief Constable of Sussex, the successful sex discrimination claim brought by the only female officer in the Gatwick airport firearms squad. 

Ruth Brander has an "eye for detail" and is "able to identify the good and bad points of a case with ease." Sources further appreciate her "to-the-point manner." Her broad remit of expertise includes human rights, constitutional law, prison and police law, parole hearings and inquests. The very "thorough" Alison Gerry comes highly recommended for her expertise in police, prison, mental health law and related inquests. She acted in the noteworthy Van Colle and Smith cases, involving claims brought by the relatives of victims of crime alleging a breach of the State’s positive obligation to protect life under Article 2. Nick Stanage is popular choice amongst instructing solicitors in the North, but maintains a national practice. He specialises in cases involving the abuse of power by police on the mentally ill, immigrants and minors, as well as businesses and legal professionals.

THE SET Garden Court Chambers is credited for its commitment to fighting injustice and inequality. A major force in civil liberties and human rights work, it has a superb police law team that advises on assault, malicious prosecution, false imprisonment and claims for wrongful deprivation of liberty. Other matters handled include cases relating to psychiatric detention and mistreatment in prison. Sources agree that the set is supported by great clerks who are always extremely helpful.

JUNIORS Colin Hutchinson impresses sources with the high quality of his advice. He is best known for his work for the families of people who have died in custody under the authority of the police or prison. Recently, he was instructed in an inquest and civil action involving the failure of the police to obtain medical treatment for Peter Kirkwood and to record and pass on relevant information. His expertise also extends to claims for wrongful arrest and assault. Interviewees agree praise is due to Stephen Simblet, who has "an extensive knowledge of police law" and is complimented for "running novel points and tricky legal arguments." Claims against the police form the bulk of his practice, and he is an expert in inquests into death in custody. Leslie Thomas is undoubtedly a first-choice junior for instructing solicitors in claimant police law cases. "A formidable opponent," he is strong on cross-examination, and is someone who is "fearless and takes no prisoners." His recent portfolio of high-profile cases includes the inquiry into the police shooting of Azelle Rodney, as well as Rutherford v IPCC, the judicial review of police powers of stop and search. Sarah Hemingway has handled a raft of civil claims against the police and other public bodies. She displayed considerable prowess in the case of Marper before the ECHR, which was a seminal case concerning DNA retention. She also recently appeared in Erinle v CC Merseyside Police. In this matter, she secured damages for a man assaulted by police in the course of an arrest, who was then maliciously prosecuted for assaulting a police officer.

THE SET Matrix is a powerful presence in the claimant police law sphere, boasting several leading silks and juniors in the field. Its team is commended for the breadth of its coverage, and for being able to combine high-calibre expertise from within its criminal, prison law and human rights teams. Often at the cutting edge of police work, its members have been instructed in some of the most significant cases of the year, including the Azelle Rodney inquiry, the inquest into the death of Ian Tomlinson and the judicial review of the Metropolitan Police's failure to investigate the News of the World phone-hacking claims.

SILKS Heavyweight police law guru Tim Owen QC receives a mountain of praise and is said to be "a man of great tactical acumen." He was recently instructed in the inquiry into the death of Azelle Rodney, and advised the Director of Public Prosecutions on the issues surrounding Ian Tomlinson's death. Matthew Ryder QC is an expert in both civil and criminal defence law, making him highly desirable to instructing solicitors of police law cases. They say of him that "it is possible to plot a campaign of litigation with him. He can prepare everything from the moment someone is arrested at the police station and work out an entire system of redress." Ryder is "a good man if you need a solution to a difficult issue; he often has an answer which leads to a successful resolution of the case." He, too, was singled out for his work in the Ian Tomlinson inquest. Also recommended is Hugh Tomlinson QC. "Nobody knows more about police law and privacy law than him," says one interviewee. He is recognised for his work on behalf of the MPs bringing the judicial review into the phone-hacking affair. "He is incredibly learned on the law, gets to grips with the facts quickly and produces creative arguments." The "fantastic" Richard Hermer QC, who, arrives at the set from Doughty Street Chambers, has appeared in some very noteworthy cases such as Chief Constable of Hertfordshire v Van Colle. Hermer is one of the most thoughtful and creative lawyers handling public law and is known for his excellent tactical sense.

JUNIORS "Robust trial advocate" James Laddie is a police law and employment specialist who has "exemplary skills." His recent cases include acting in the civil claim for two of the young men acquitted of the murder of Damilola Taylor. He has also been acting for a police officer arrested after a domestic incident in an important claim that raises the question of the post-Serious Organised Crime Agency necessity of arrest. Alison Macdonald has an active police law practice and is praised for her "incredible focus and phenomenal brain, which is able to process huge amounts of information and formulate forceful arguments extremely quickly." Her portfolio of recent cases is extremely impressive. It includes the Ian Tomlinson inquest and the phone-hacking judicial review. She also represented André Hanscombe, the partner of Rachel Nickell, in his successful complaint to the Independent Police Complaints Commission (IPCC) concerning police failures that allowed the murder to take place, and the failure to convict the killer until 2008. She is also representing Mr Hanscombe in his Strasbourg application. The "impeccable" Helen Law is a "rising star" of the Bar. She produces fine written work, is good on her feet, has enviable cross-examination skills and is persuasive in court, according to sources. 

THE SET Tooks Chambers has barristers who are well clerked and produce high-quality work. The set offers expertise in all aspects of police law, including false imprisonment, malicious prosecution, misfeasance in public office, breach of confidence and negligence. Other matters handled include claims under the ECHR and related human rights issues, such as judicial reviews of decisions of the IPCC relating to disciplinary proceedings against police officers.

SILKS Hugh Southey QC is a hugely experienced practitioner and a popular choice for police law cases in which human rights issues arise. He operates on a wide canvas and also has good general criminal law expertise. He recently acted in the significant case of R (F) v Secretary of State, which argued that registration of sex offenders is not compatible with Article 8 of the ECHR.

JUNIORS Patrick Roche is an expert in both crime and police law. A well-respected advocate, he is joint head of chambers and has a busy practice acting in cases involving false imprisonment and malicious prosecution. Solicitors admire him for his consistently high standards and his approachability.

Anthony Metzer of Argent Chambers has a criminal law background and advises on all manner of actions against the police. Sources praise his calmness and particularly compliment him for his cross-examination skills. He has been acting in the complex case of Ollivierre, a multi-claimant claim against two forces concerning allegations of assault and false imprisonment arising from a murder inquiry. 

Future Events 

6th June: Chambers USA General Counsel Seminar: New York

7 June 2012: Chambers USA Awards for Excellence 2012, New York




7 June 2012: Launch of Chambers USA 2012


17 September 2012: Chambers Latin America Awards for Excellence 2012, Miami


25 October 2012: Chambers Bar Awards 2012

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam