Richard Perks barristers@5essexcourt.co.uk Year of Call: 1977 Areas of Law Police Law Personal Injury Inquests and Inquiries Judicial Review Professional Negligence Public Law Licensing

Highly specialised in all aspects of actions against police forces, with huge experience in civil jury trials in both the High Court and the County Court. Cases have included high profile trials concerning allegations of racism, harassment, conspiracy and dishonesty by officers, and the use of unlawful force.

Instructions also include judicial review; negligence and misfeasance actions by members of the public and police officers against police forces, including deaths in custody; technical and interim applications, particularly concerning disclosure, informers and public interest immunity.

An acknowledged expert in firearms law and practice, is also frequently instructed in inquests and misconduct hearings. Advises, drafts, and writes on the most complex and sensitive legal and policing issues.

Cases include:

Carnduff v Rock [2001] 1WLR 1786 – leading authority on striking out claims on the ground of public policy, public interest immunity, and informers.

Mullaney v Chief Constable of the West Midlands Police [2001] EWCA Civ 700 – the case which defines the duty of care owed by a chief officer to his constables.

Heaven v Chief Constable of the West Midlands Police, June 2000, CA – guidance on the approach to be taken when a jury give apparently perverse answers to questions.

Ghafar v Chief Constable of the West Midlands Police, May 2000, CA – specifying the words of arrest to be given in an arrest under S25 PACE.

Author of:

Police in the Civil Courts (Butterworths 2003),Police Actions (Atkins Court Form 2003)

Police Claims (Atkins Court form,Vol 31 2008)

Memberships
Regular contributor to lectures on police law issues, including police civil actions updates, covert operations and informants.

Junior Barrister

Education
King Edward VI School
Birmingham University

Inn: Lincoln's

Outside interests
Racing Driver
Skydiving Instuctor
Airline Pilot
Shooting

Jeremy Gompertz QC barristers@5essexcourt.co.uk Year of Call: 1962 Queen's Counsel: 1988 Areas of Law Police Law Public Law Human Rights Inquests and Inquiries

Also deals with Police Discipline matters

Reported Cases include
R v Chief Constable of West Midlands ex p Wiley [1995]  AC 274 (HL) Leading case on public interest immunity
Marcel v Commissioner of Police of the Metropolis [1992] Ch 225 (CA) Breach of Confidence
Swinney v Chief Constable Northumbria Police [1997] QB 464 (CA) Breach of Confidence
DPP v Humphrys [1977] AC 1 (HL) No issue estoppel in criminal law

Inquiries
Stephen Lawrence Inquiry (1998) on behalf of the Commissioner of Police of the Metropolis.
Hutton Inquiry (2003) on behalf of the Kelly Family.
Bichard Inquiry (2004) on behalf of Humberside Police.

Inquests:
Gill Phipps (1995) Animal Rights Protestor
Stephen Lawrence (1997)
Ibrahima Sey (1997) Use of CS Spray

Discipline:
Re: Asst Commr. Wyn Jones (As Chairman of the Tribunal)
Re: Supt. Raymond Mallon (2001-2) (As Legal Member of Tribunal)

Appointments

Queens Counsel

Education
Beaumont College
Trinity College, Cambridge MA Cantab (Law)

Inn: Gray’s Inn (Bencher 1997)

Outside interests

Horse Racing and Breeding, Travel, Skiing, Architecture

Prior to taking silk in 1992 I had a predominantly personal injury orientated practice : at its outset it had embraced all common law matters, family and crime but became increasingly narrow as time passed. On taking silk I undertook a wide range of cases, including a few murders as I thought I would benefit from the experience but I quickly gave this up. Thereafter my only experience with crime, apart from sitting, was in two pro-bono death row cases in the Privy Council [Reckley v Minister of Public Safety and Immigration [1997] AC 527 and Henfield v AG of Bahamas [1997] AC 413] which turned on administrative law issues. Since Reckley was executed, it was an experience I doubt that I will forget.

In the last few years my work has been largely substantial personal injury claims, almost invariably resulting in spinal injury or brain damage. In December 2000 I successfully appeared for a Claimant in the House of Lords in his appeal as to the incompatibility between the MIB Agreement and an EEC Insurance Directive [White v White & MIB [2001] WLR 481]. I am currently instructed in litigation against the Ministry of Defence in respect of responsibility for the negligent treatment of servicemen and their dependants abroad.

My practice is mixed with some administrative / judicial review work and professional and clinical negligence. I enjoy the mix.

I have always taken a particular interest in disciplinary matters. I have been actively involved, with others, in reviewing the disciplinary procedures of the Church of England and producing the Clergy Discipline Measure which has received the Royal Assent and will shortly come into force.

I have recently been appointed an External Reviewer of decisions of the Director of Fair Access as to the terms of access agreements made between the Director and academic institutions [which permit increased tuition fees] or sanctions imposed for breach of such agreements.

In July 2002 I organised and implemented the Northern Circuit Pro Bono Scheme for the XVII Commonwealth Games in Manchester which provided representation for competitors and others before the Court of Arbitration for Sport.

Over recent years my judicial sittings have been mainly in the Isle of Man, where as the Judge of Appeal I sit solely in the Staff of Government Division [the Manx Court of Appeal] with a local Deemster or an Acting Deemster [there are about 18 English silks who are on the panel of Acting Deemsters.] The usual practice is that the Judge of Appeal gives the judgment of the Court. I am also the final arbiter under the Advocates Act 1995 as to whether foreign advocates can be licensed to appear in the Manx courts.

The work is very varied because the Staff of Government Division hears all appeals. However although there are some criminal appeals the vast majority of the work is civil: it frequently involves trusts which is a continuing challenge for a Common Lawyer. Many cases involve conflict of law issues. Given that the decisions of all English courts are of only persuasive authority, it is not a judicial forum for the feint hearted. Appeals lie to the Privy Council.

Some reported judgments in cases I have heard include:
IOM Insurance v Floyd [1996-98] MLR 350
Eurotrust v Barlow Clowes [No 1] [1996-98] MLR 394
Deras v Ocean Marine [1996-98] 1VILR 517
In Re the Villa Marina [1999-01] MLR 224
Dobson v R [1999-01] MLR 267
Jones v R [1999-01] MLR 369
In Re Galloway [1999-01] IVELR 479
In Re Frost [1999-01] MLR 501
Rosewood Trust Ltd v Schmidt [1999-01] MLR 570
Liggins v Lumsden Ltd [1999-01) MLR 601
In Re Manx Ices Limited [2001-03] MLR 64
Eurotrust v Barlow Clowes [No 2] [2001-2] MLR 330
Mt Murray Country Club Ltd V Macleod [2001-3] MLR 381
In Re Atrium Trading Limited [2003-5] MLR 91
In Re World Duty Free Co Limited [2003-5] MLR 184
In Re Navigator Gas Transport PLC [2003-5] MLR  459
Caldwell - Camp v R [2003-5] MLR 505
Drower v Gubay [2003-5] MLR 531

Some noteable cases:
D v Bury Metropolitan Borough Council [CA]
Re Child A v Ministry of Defence [QBD]
The Shipman Inquiry
White v White & MIB [HL]
Henfield v AG of the Commonwealth of the Bahamas [PC]
Reckley v Minister of Public Safety & Immigration [PC]
Re Pearce Deceased [CA]
White Arrow Express v Lameys Distribution [CA]
Easton v Ford Motor Co Ltd [CA]
Sheikh v Chief Constable of Greater Manchester [CA]
Robertson v Ridley [CA]
R v Salford HA ex p Janaway [HL]
D v M [CA]

Appointments
Recorder of the Crown Court -1989
Queen's Counsel - 1992
Senior Counsel New South Wales - 1995
Bencher of Lincoln's Inn - 1997
Judge of Appeal of the Isle of Man - 1997
Deputy High Court Judge - 2003
Chancellor of the Diocese of Carlisle - 2003
Lay Canon of Manchester Cathedral - 2003-
Chancellor of the Diocese of Manchester - 2004
Deputy Vicar General of the Diocese of Sodor and Man - 2004
External Reviewer of decisions of the Director of Fair Access - 2005
Chairman of Disciplinary Tribunals under Clergy Discipline Measure - 2006 

Queens Counsel

Education

Manchester Grammar School [1958-1966]

Christ Church Oxford [1966-1969]:
Exhibitioner
MA Jurisprudence : Class 2

Languages
French

Inn: Lincoln's Inn

Outside interests

Family
Travel
Church Affairs
Music

John Bassett barristers@5essexcourt.co.uk Year of Call: 1975 Areas of Law Commercial Litigation, Company and Partnership Law Human Rights Inquests and Inquiries Judicial Review Personal Injury Police Law Professional Negligence Public Law

Having initially had a wide common law practice ( including criminal law), John now mainly specialises in personal injury litigation and police law but continues to offer expertise in other areas including professional negligence.

In the personal injury field he reprsents both Claimants and Defendant particularly in relation to workplace and road traffic accidents. His work covers the full range of cases from " pavement trippers " to cases involving seriously brain injured or paralysed Claimants.

His police law practice covers all aspects with particular emphasis in misconduct proceedings (where as well as representing Presenting Officers he often acts as Legal Advisor to Panels) civil litigation and pensions.

Junior Barrister

Education
Leeds University, LLB Hons
Leighton Park School

Languages
Basic French

Inn: Inner Temple

Outside interests
Travel, Opera, Ballet

Nicholas Wilcox barristers@5essexcourt.co.uk Year of Call: 1977 Areas of Law Human Rights Inquests and Inquiries Judicial Review Personal Injury Police Law Public Law

Specialisations: 

Police work:  Includes.
 

Advice on policy                                                                           

Discipline proceedings;

Police employment, particularly pensions

Inquests involving deaths in custody;

Public enquiries involving the Police;

Judicial Review.

Criminal Law: Appointed to the Attorney General's Panel of Prosecuting Advocates (A List) in 2003.  Mainly prosecutions for the CPS and HSE.

Common Law: Personal Injury.

Experience:

Wide experience of criminal and civil litigation particularly involving state institutions.  This includes dealing with the full spectrum of crime but primarily sexual crimes, violence, drug offences and health and safety matters.

Further I have extensive experience of representing and advising areas of the executive on matters including personal injury, contracts, pensions, Inquests, disclosure, claims for immunity and public law issues and appearing at public enquiries and advising thereon.

I have lectured to Police lawyers, barristers and many other solicitors.

Recent Cases

Jason Paul - v- Chief Constable of Humberside Police [2004] EWCA Civ 308.  Litigation arising out of the death of Christopher Alder.

X and Y -v- Greater Manchester Police [2004] EWHC 764.  Quantum of damages in cases of liability for loss to an informant. 

R (on the application of Jones) -v- Chief Constable of Cheshire [2005] EWHC (Admin) 2457

R (on the application of Northumbria Police Authority) -v- Dr J Broome [2005] Admin.  Whether "antipathy" to working for the police is a medical condition.

Price -v- Dobson [2005] EWHC (Admin) 1017 The extent of a Chief Constable's liability for contempt.

R -v- Whitehead and Daglish ex parte Chief Constable of Avon and Somerset [May 2001] Admin Court.  The applicability of Article 6 to police discipline hearings and the issue of double jeopardy.

Inquest include Wayne Douglas, Christopher Alder and Phillip Prout.

Major corruption inquiries include Operation Teak

Recent Advices:

Meaning of and applicability of various regulations concerning Police

pensions.

The law relating to disclosure of a journalist's sources where a public

institution is involved.

The limit of the Home Secretary's powers to enforce unwanted police merger

Junior Barrister

Education
Lincoln College, Oxford
Manchester University
Wimbledon College

Inn: Gray's Inn

Outside interests
All sport.  Keen member of Bar Golfing Society.  Long standing interest in wine.  After dinner speaking (which conflicts with interest in wine).

Charles Apthorp barristers@5essexcourt.co.uk Year of Call: 1983 Areas of Law Employment Personal Injury Police Law Commercial Litigation, Company and Partnership Law Human Rights Landlord and Tenant Professional Negligence Public Law

Employment; wide experience of employment cases including cases involving large public bodies such as the NHS, including dismissal for disciplinary reasons, incapacity, and unfair dismissal.  Cases have also involved allegations of sexual and racial discrimination.  I have also been instructed in respect of redundancy, in  particular ETO's and TUPE transfers.

My practice also includes instructions in internal disciplinary tribunals, including police discipline, the Law Society and other professional bodies such as NHS trusts, the Fire Service and sporting bodies.  I am also instructed in matters relating to pensions.

Professional Negligence; instructed on behalf of the Solicitors Indemnity Fund and other defendant insurers to represent solicitors in negligence actions; claims involving architects and surveyors.

Personal Injury; instructed by Stagecoach, Union Funded and Legal Indemnity Insurers, CFA work and bulk instruction undertaken.  In particular accidents at work, WRULD claims and dependency claims.

Cases include:

• Fletcher v Stagecoach (South) Ltd, (CA), Significant injury to bus passenger;
• East Midlands Electricity Board v Stagecoach (South) Ltd, loss of use of commercial vehicles;
• Baron v Lovell (CA) service of Medical reports;
• Robertson v Bedford (High Court on appeal) amendment of pleading at trial;
• Lawday v Ash and Lacy Ltd, serious head injury £2m+ value. 
• Frequent lecturer for a number of organisations including Police Authorities, Insurers and Solicitors.

Appointments
Arbitration: Sports Dispute Resolution Panel (2001) 

Memberships
Lecturing
British Olympic Sailing Squad 1982 - 1992
Flying Fifteen World Champion 2001

Junior Barrister

Education
University of Westminster, BA Hons
Memorial University, Newfoundland
Haileybury College

Inn: Inner Temple

Outside interests
Sailing

Fiona Barton barristers@5essexcourt.co.uk Year of Call: 1986 Areas of Law Police Law Judicial Review Human Rights Inquests and Inquiries Public Law

Police Law including:
a) acting for police forces in civil jury actions an judicial review proceedings.
b) police disciplinary proceedings both as counsel and as legal assessor.
c) public inquiries

Instructed on a regular basis, by most of the 42 police forces in England and Wales, Fiona Barton is a highly experienced and successful barrister in all aspects of police law. She acts for the police in Public Inquiries, civil jury actions and judicial reviews.

She appears reguarly for the presenting officer and as legal advisor in the police misconduct tribunals .  She has also represented police forces at inquests involving deaths in custody and advised on disclosure issues concerning evidence and documents held by police forces.  Regularly requested to contribute to lectures and seminars for the Association of Police Lawyers and the Police Defence Lawyers Forum.

Previous Cases include:

Public Inquiries:

The Bichard Inquiry (2004)- On behalf of the Chief Constable of Humberside.

X v Chief Constable of West Midlands (2005) 1 WRL 65 C.A.- The leading case on disclosure for the purposes of enhanced criminal record certificates.

Thompson & Hsu v Commissioner of Police of the Metropolis (1997) 3 WLR 403. The leading case on damages in civil jury actions against the police.

Gizzonio v Chief Constable of Derbyshire TLR 29/4/98. A case concerning the relationship between the torts of misfeasance and malicious abuse of process and the extent of the tort of malicious abuse of process.

Costello v Chief Constable of Nottinghamshire. A test case pending in the Court of Appeal regarding the right of the police to retain "rung" cars.

Appointments
Panel Member of Bar Disciplinary Triburnal since 1999 

Junior Barrister

Education
LLB Hons (London)
Stratford House School, Bickley

Inn: Middle Temple

Outside interests
Travel and Sport

Andrew Waters barristers@5essexcourt.co.uk Year of Call: 1987 Areas of Law Police Law Employment Judicial Review Inquests and Inquiries

Police civil actions - considerable experience of all levels of civil actions for false imprisonment, assault and malicious prosecution.

Police discipline - a wide range of disciplinary work, both advisory and as an advocate. Sits as a legal adviser and has dealt with high profile / sensitive matters.

Inquests - deaths in police and prison custody - a large number of inquests for both police forces and the Home Office.

Employment law - all areas of employment law both for police forces and civilian organisations / individuals.

Appointments
Panel counsel for the Professional Conduct and Complaints Committee of the Bar Council 

Memberships
Has lectured at Kingston University on employment law.
Has lectured to police forces and solicitors on employment, discipline and human rights issues.

Junior Barrister

Education
Bristol Polytechnic LLB (Hons) 2:1
Lord Wandsworth College

Inn: Inner Temple

Outside interests
Mountaineering, scuba diving and travel

Simon Walsh acts for Metropolitan and provincial police forces giving advice on policy matters as well as appearing in the High Court and the County Court especially in jury trials for false imprisonment, malicious prosecution and misfeasance.  Regularly instructed in complex regulatory applications and in matters relating to police discipline and complaints.  Listed in Legal 500 as a leading junior in police law has successfully defended cases, many in front of juries, covering issues as wide ranging as transsexuals, youths and sickle-cell sufferers.  Deals also with employment disputes on behalf of police forces and authorities (and other types of Claimant and Respondent) especially those involving disability, race, sex and sexual orientation issues and unfair dismissal. 

Also has a growing licensing practice acting for police forces and local authorities in major cases and policy issues involving the new Licensing Act 2003. 

Further occasional work in the fields of personal injury, contested probate and ecclesiastical law.

Has lectured at local and national conferences.

Employment

Strouthos v London Underground Limite

Error by EAT in considering range of reasonable responses to misconduct

Trusts

Stimson v Oates

Interrelationship of constructive trusts and oral agreements of the disposition of land

Licensing

Licensing cases involving closing major West End nightclubs and obtaining a premises licence for Trafalgar Square

Appointments

Past Chairman of the Police Authority for the City of London Police
Deputy Chairman- City of London Licensing Committee
Alderman of the City of London
Justice of Peace
Valuation Triburnal Chairman

Junior Barrister

Education

The Manchester Grammar School
Balliol College Oxford (MA Modern Languages)
Paedagogische Akademie des Bundes in Oberosterreich (Linz)
City University London (DipLaw)

Languages
French and German

Inn: Middle Temple

Outside interests

Corporation of London

Anne Studd barristers@5essexcourt.co.uk Year of Call: 1988 Areas of Law Human Rights Inquests and Inquiries Judicial Review Personal Injury Police Law Public Law

All aspects of police law
Policy, civil actions, misconduct hearings, inquests
Personal injury on behalf of Claimant and Defendant. CFAs undertaken

Previous Cases include

R v Chief constable of Avon & Somerset ex parte HOPES [2004] EWHC 220 Admin

Paul Terence Price v Rosalind Price (T/A Poppyland Hardware)(2003) 3 All ER 911, CA (Brooke LJ, Dedley LJ, Hale LJ)

R (On the applicaton of Ellis) v The Chief Constable of Essex Police (2003) 2 FLR 566, QBD (Lord Woolf LCJ, Goldring J)

R v Minshull Street Crown Court, ex Parte Miller Gardner Solicitors LTL (20/12/2002) EXTEMPORE

R v Commissioner of Police for the Metropolis, ex Parte U : R v Durham Constabulary, ex Parte R (2003) 1 WLR 897, 3 All ER 419, (2003) Crim LR 349

Jockey Club (Claimant) v Roger Buffham (Defendant) & (1) British Broadcasting Corporation (First Applicant) (2) Chief Constable of Greater Manchester Police (Second Applicant (2003) 2 WLR 178, QBD (Gray J) 13/9/2002

Patrick James Isaac v Chief Constable of the West Midlands Police LTL 24/7/2001, CA (Hale LJ, Longmore LJ)

R v Commissioner of Police of the Metropolis, ex Parte 'W'

R v Durham Magistrate's Court, ex Parte Chief Constable of Durham Constabulary, LTL 7/4/200, (Roch LJ, Harrison J)

Colin Leslie Kerry v Hrs Automotives Ltd LTL (27/10/1998), CA (Gibson LJ, May LJ)

Kevin Patrick Kelly v Commissioner of the Police for the Metropolis LTL (22/7/97), CA (Kennedy LJ, Millett LJ, Sir Neill)

Junior Barrister

Education
University of London, BA Modern History (Hons)

University of Westminster, Grad. Dip. Law

Inns of Court School of Law (BVC)

Languages
French

Inn: Gray’s Inn

Outside interests
Travel

Georgina Kent barristers@5essexcourt.co.uk Year of Call: 1989 Areas of Law Employment Human Rights Inquests and Inquiries Personal Injury Police Law Public Law Licensing

Georgina specializes in (a) Civil actions involving the Police (b) Police Misconduct/UPP (c) Employment Claims and (d) Judicial Review

Legal guides and recommendations:

Georgina is ranked as a leading junior in Police Law by Chambers UK 2008 and "has a full caseload of inquests and inquiries." She "has a wide breadth and depth of experience in this area, covering all civil claims, race relations and police employment tribunals amongst other things. Her "careful manner" and "excellent negotiation skills" earn her the "respect of her peers." Chambers UK 2007. She "handles administrative law as well as all aspects of police law and was praised by peers for "the quality of her pleadings". Chambers UK 2006.

Georgina is ranked as a leading junior in police law by Legal 500 2007 "The "personable and intelligent" Georgina Kent has advised and trained chief officers amongst other senior-level advisory and presentation work."

Cases and experience:

(a) Civil Actions include jury/non-jury actions for assault, false imprisonment, malicious prosecution, misfeasance and negligence. Claims under the Race Relations Act and other anti discrimination legislation (on Metropolitan Police Panel of Counsel). Instructed in claims under Police Pension Regulations, (retirement/pensions/medical retirement, injury awards, allowances and recovery of overpayment). Other claims in contract and misrepresentation. Advising on operational and policy issues. Cases include Kuddus v Chief Constable of Leicestershire Constabulary [2001] 2 WLR 1789 (House of Lords) availability of exemplary damages for the tort of misfeasance. Christopher Mark Coore v Chief Constable of Leicestershire Constabulary [1999] EWCA Civ 1366 (10 May 1999) issue of reasonable grounds for suspicion – ref to Castorina v Chief Constable of Surrey and O'Hara v Chief Constable of the Royal Ulster Constabulary.

Inquests into deaths in police custody/after police contact resulting from the alleged acts or omissions of police officers. Cases involving allegations of use of excessive force (including firearms) and allegations of lack of care. Inquests include Eli Hall 2005 (longest armed siege in UK), Clare Bernal 2007 (Harvey Nichols shooting).

(b) Police misconduct proceedings including as Counsel for the Presenting Officer (Tribunals and PAT) and as Legal Assessor. Advised and trained Chief Officers and discipline departments on misconduct, UPP and UPP/A. Cases include advising on officer's conduct in Shipman Inquiry, the death of Michael Powell (West Midlands).

(f) Employment

Instructed on behalf of the police/authorities/public bodies (re: officers and civilian employees) in cases including allegations of wrongful dismissal, racial, sexual and disability discrimination, claims for flexible working and part time working.

(d) Judicial Review

Including judicial review of Tribunals and PAT, judicial review of the IPCC by Chief Officers, claims involving Chief Officer's discretion to allocate his resources and to take policy decisions on policing, judicial review of inquest verdicts, challenging the validity of cautions, Criminal Record Certificates and Procurement of Public Contracts. Cases include R v The Charity Commissioners for England and Wales Ex parte Baldwin LTL 11/9/2000 QBD (Beatson QC now Beatson J) 7/7/2000 whether the supervisory role of charity commissioners with visitorial functions are amenable to judicial review.  Field v HM Coroner v Southwark Coroner ex parte Fields, R v [1998] EWHC Admin 111 (30th January 1998) Judicial Review of the Inquest into the death of Brian Douglas. Applications to quash verdict and seek fresh inquest refused.  R v Chief Constable of Sussex ex p International Trader's Ferry Ltd [1996] QB 197. Judicial review of discretion of police to allocate their resources and how to take police decisions on policing in domestic law. Whether decision contrary to European Community Law –Treaty of Rome Art 34 and 36. Judicial Review of West Mercia Police by Rev Jepson oF decision not to prosecute re late termination of fetus with cleft palate.

Training

Georgina is leading the 5 Essex Court team in developing and delivering NPIA accredited training on all aspects of the 2008 police conduct and performance regulations.

Gray's Inn Advocacy Trainer. Advocacy trainer at South Easter Circuit Keble Advocacy Course 2006 and 2007.  

Lectures and trains police lawyers, officers and staff in all aspects of police law.

Appointments
Appointed Recorder 2002 

Memberships

Junior Barrister

Education
King's College, University of London, LLB (Hons) 2:1

Inn: Gray's Inn and Inner Temple

Giles Powell barristers@5essexcourt.co.uk Year of Call: 1990 Areas of Law Employment Human Rights Judicial Review Public Law Police Law

Called:	1990
Educated:	University College, Cardiff Hereford Sixth Form College Wycliffe College
Inn	Grays Inn
Circuit:	South Eastern Member of the South Eastern Circuit Committee
Professional Memberships	Administrative Law Bar Association European Bar Association Professional Negligence Bar Association Bar Pro Bono Panel
Areas of Practice	Employment Law Regulatory and Disciplinary Law Public Law Administrative Law

Profile

Giles practices principally in Employment and associated Regulatory and Disciplinary Law.  He also undertakes cases in related areas of Public and Administrative law.  

He has wide experience, providing advice and representation in contentious matters, from initial stages through to trial, and he also advises in non-contentious matters.

He is frequently instructed to act for and advise Public Bodies and Authorities including -

• Fire Services
• Local Authorities
• Local Transport Authorities
• NHS Bodies
• The Police

He has also been instructed on behalf of charities and major companies as well as individuals.  He acts primarily for Defendants.

He also often provides advice to, and acts as legal assessor for, the internal misconduct panels of a variety of public bodies including the Police, the Fire Service and NHS bodies.

He regularly lectures and gives training seminars to conferences and to small groups.

Experience

• age discrimination,disability discrimination,
• part time workers' discrimination,race discrimination,
• religious and belief discrimination,sex discrimination,
• sexual orientation discrimination,victimisation,
• whistle blowing / public interest disclosures,equal pay,
• protection of pay,pensions,
• unfair dismissal,wrongful dismissal,
• regulatory and internal misconduct,redundancy,
• restraint of trade,TUPE. 

Written and advisory experience also includes

• drafting employment contracts,
• employer/employee procedures and policies, including
  • disciplinary,
  • grievance,
  • equal opportunities,
  • harassment,
  • flexible working,
  • part-time workers,
  • maternity,
  • paternity,
  • sickness,
  • health and safety,
  • smoking,
  • monitoring communications,
  • Data protection,
  • freedom of information,
  • recruitment and selection,
  • redundancy.

Significant Cases

Dr L v an NHS Trust [2008] QBD Claims by a consultant that an NHS Trust has acted in breach of Maintaining High Professional Standards in the Modern NHS by pursuing an internal disciplinary hearing, that the breach is breach of contract and decision is a nullity.  Claims for declarations, injunction and damages. Trial Feb 2008.

Scotcher v Kirklees MBC and CSCI [2008] QBD. Claim by a nurse and residential home manager for damages for unlawful interference and procuring a breach of contract and for negligent misstatement.

B and others v an Ambulance Service NHS Trust [2007- 2008]  ET Representative claims by Ambulance Technicians as to an agreement made, allegedly through collective bargaining, in respect of the assimilation to a pay grade under Agenda For Change, NHS Terms and Conditions of Service.  Trial Feb 2008.

Mr S v an NHS Trust [2007- 2008] ET Claim by a locum consultant for compensation for unfair dismissal and for a redundancy payment following dismissal by the Trust on grounds that it could not renew a locum post in breach of the National Health Service (Appointment of Consultants) Regulations 1996. Central Issue – Vires Trial Feb 2008.

Drs B, J and W v and NHS Trust [2007] ET.  Successful defence of claims by three GPs for redundancy payments and compensation following termination of contracts which the Trust alleged were contracts for the provision of services rather than employment contracts and successful recovery of monies paid to the GPs by mistake.

Dr A v and NHS Trust 2007-2008 Internal Capability hearing under Maintaining High Professional Standards in the Modern NHS ("the framework").  Issues of whether HC90 (9) or the framework applied.  Allegations of discrimination and breach of contract and threats to apply for injunctions.

Promar International Ltd v Clarke [2006] EWCA Civ 332. Employment - Restraint of Trade - breach of restrictive covenant, injunctive relief and damages.  Costs – determination of costs by Judge after settlement.

Chester and Leach v The Cardiothoracic Centre Liverpool NHS Trust 2006 – Fully successful defence of a claim for compensation in excess of £2 million by Dr Chester for discrimination/victimisation by reason of protected disclosures / whistle blowing and of wages claims.

R (the London Fire and Emergency Planning Authority) v the First Secretary of State in the Office of the Deputy Prime Minister (now the Secretary of State for Communities and Local Government) 2008 Admin Ct Judicial Review of a decision of the medical board of referees.

R (the West Midlands Fire and Civil Defence Authority) v the First Secretary of State in the Office of the Deputy Prime Minister.  2004 Admin Ct Successful judicial review of a decision of the Deputy Prime Minister allowing an appeal of a firefighter against his dismissal.  2006 Admin Ct Further judicial review of second decision. 

Carlier v Surrey County Council (As the Fire Authority for the Surrey Fire and Rescue Service) 23 Sept 2004.   Successful defence of the appeal of firefighter in respect of a pension award. Construction of provisions of the Fireman's Pension Scheme Order 1992.  Successfully argued that the provisions allowed for apportionment between loss of earnings attributed to a qualifying injury and those attributed to a non-qualifying injury.

Chief Constable of Cumbria v McGlennon [2002] ICR 1156 Sex Discrimination – Victimisation – Liability of chief officer for the acts of subordinate officers   Sex Discrimination Act 1975, s. 17(1) – Jurisdiction of an employment tribunal under Equal Treatment Directive 76/207/EEC.

Police Misconduct 2007-2008 – Presenting Officer in ongoing case concerning serious misconduct of 8 police officers.   At a preliminary stage successful argument that evidence obtained from telephone monitoring under the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 was admissible in police misconduct proceedings.  Substantive proceedings that started in December 2006 are still running (March 2008).

Other Information

Giles is a registered Pupil Supervisor.

Memberships
I have lectured and given seminars on numerous occasions both to conferences and to small groups on all aspects of employment law, human rights, police discipline and public interest immunity.

Active Member of the Bar Pro Bono Unit

Junior Barrister

Education
Inns of Court School of Law
University College, Cardiff LLB Hons
Hereford Sixth Form College
Wycliffe College, Glos

Languages
French (conversational)

Inn: Gray's Inn

Outside interests
Family, Rugby and Wine

Jason Beer barristers@5essexcourt.co.uk Year of Call: 1992 Areas of Law Police Law Public Law Inquests and Inquiries Judicial Review Human Rights

Practice

Jason is a leading practitioner in the field of police law and government litigation. He has particular expertise in Public Inquiries (having acted in the Lawrence Inquiry, the Shipman Inquiry, the Hutton Inquiry, the Mubarek Inquiry, and the Public Hearings Touching on the Outbreak of Legionella in Barrow in Furness). He is presently leading a team of barristers in the Billy Wright Inquiry.

He is ranked as the joint leading junior in 'police law for defendants' and 'public inquiries' in the Legal 500 (2007) and as a leading junior in 'police law for defendants', in 'public inquiries' and in 'administrative and public law' in Chambers & Partners Guide to the Legal Profession (2007).

 Jason is Junior Counsel to The Crown (Common Law A Panel)

What the directories say:

 Chambers & Partners Guide to the Legal Profession (2007):

"... has a real flair far judicial review and public law claims where his superb paperwork and stylish advocacy- without the table- thumbing stand him in a good stead"

Chambers & Partners Guide to the Legal Profession (2006):

"…a calm, polished advocate with a dry sense of humour that plays well with judges…"

"Never one to run bad points and always fully in command…"

Chambers & Partners Guide to the Legal Profession (2005):

"…oozes confidence and gives good, measured advice…"

"…the best of the junior juniors…"

"…he fights his corner well, takes sensible points and is a fantastic cross-examiner..."

Chambers & Partners Guide to the Legal Profession (2004):

"…a good choice to put backbone into a case when you are feeling nervous…"

"…first rate knowledge and commitment to service - he clearly has a burning desire to win the case…"

Legal 500 (2007) "...one of the most experienced juniors in public inquiries ... "

Legal 500 (2006) "…very accomplished, a class operator…"

Previous cases include:

Public Inquiries

The Inquiry into the matters arising from the death of Stephen Lawrence (Junior Counsel for the Commissioner of Police)

The Shipman Inquiry (Counsel for a Government Department)

The Hutton Inquiry (Junior Counsel for the family of Dr David Kelly)

The Mubarek Inquiry (Counsel for the Commissioner of Police)

The Public hearings Touching on the Outbreak of Legionella in Barrow in Furness (Counsel to the hearings)

The Billy Wright Inquiry (Counsel for serving and retired prison officers and governors)

Judicial Review

R v The Chairman of the Stephen Lawrence Inquiry ex parte Acourt (1998) The Times 25^th July

R v The Governor of HMP Brixton ex parte Kamer Peci (2000) The Times 12^th January

Chief Constable of Nottinghamshire v Parkin (2000) LTL 24^th February 2000

R v Birmingham Magistrates ex parte Chief Constable of West Midlands Police and others [2002] EWHC 1087 (Admin)

R (on the application of Redgrave) v Commissioner of the Police of the Metropolis [2003] EWCA Civ 04

Chief Constable of Lancashire v Potter [2003] EWHC 2272 (Admin)

R (on the application of Kay) v Commissioner of Police of the Metropolis [2007] EWCA Civ 477

R (on the application of "C") v (1) Chief Constable of "A" Police (2) "A" Magistrates' Court [2006] EWHC 2352 (Admin)

R (on the application of Mondelly) v Commissioner of Police of the Metropolis [2006] EWHC 2370 (Admin)

Inquests

HM Coroner for Wiltshire & Swindon v Ministry of Defence [2002] EWHC 2567 (Admin)

Commissioner of Police of the Metropolis v HM Coroner for Southwark [2003] 1 WLR 371

Regina (Hurst) HM Coroner for Northern District London [2003] EWHC 1721(Admin)

R (on the application of Sutovic) v HM Coroner for the Northern District of Greater London [2006] EWHC 1095 (Admin)

Civil Litigation

Verrechia v. Commissioner of Police of the Metropolis (2001) LTL 27^th March 2001

Cassie v Ministry of Defence (2002) The Times 11^th April

Verrechia v. Commissioner of Police of the Metropolis [2002] 1 WLR 2409

Wilding v Commissioner of Police of the Metropolis [2004] EWHC 3042 (QB)

Brooks v Commissioner of Police of the Metropolis [2005] 1 WLR 1495

Wells v (1) Mutchmeats Ltd (2) Food Standards Agency [2006] EWCA Civ 963

Appointments
Junior Counsel to the Crown, Common Law (A Panel)

 

Junior Barrister

Education
University of Warwick
The Grammar School for Boys, Gillingham, Kent

Inner Temple Major Scholarship
Inner Temple Duke of Edinburgh's Scholarship

Languages
Latin & Greek (Ancient)

Inn: Inner Temple

Outside interests
Sailing & Travel

Samantha Leek barristers@5essexcourt.co.uk Year of Call: 1993 Areas of Law Human Rights Inquests and Inquiries Judicial Review Personal Injury Police Law Public Law

Reported cases

MF (Jamaica) v Secretary of State for the Home Department [2007] EWCA Civ 1153

R (Singh) v Chief Constable of West Midlands Police  [2006] EWCA Civ 1118

R (Singh) v Chief Constable of West Midlands Police [2005] EWHC 2840 (Admin)

R (Sharman) v Commissioner of Police of the Metropolis [2005] EWHC 857 (Admin) R (Mulholland) v Commissioner of Police of the Metropolis [2003] EWHC 2612 (Admin) Margerison v Ministry of Defence and others LTL 24.06.02 Brindle v Commissioner of Police of the Metropolis LTL 15.10.01 Jolly v Governor of HMP Wandsworth LTL 7.6.02

(1) Practises in all areas of police law and government litigation. Within police law her particular emphasis is on civil actions (assault, false imprisonment, malicious prosecution, misfeasance in public office, negligence), judicial review and disciplinary proceedings.  Sam also regularly acts on behalf of the Prison Service and other government departments in a range of cases.

(2) Inquests. Particularly into deaths in police and prison custody. Sam has developed a niche practice in representing forces in shooting cases. She has appeared and is appearing on behalf of various police forces, the MOD, Department for Work and Pensions and the Home Office in a number inquests including:

• Junior counsel for the Commissioner of Police of the Metropolis in 2 inquests and 2 judicial reviews arising out of the shooting of Henry Stanley (the 'table leg' shooting case).
• Counsel for Merseyside Police in the inquest into the death of Andrew Kernan, a paranoid schizophrenic who was shot by the police whilst he was wielding a samurai sword.
• Counsel for the Commissioner in the inquest into the death of Kieran O'Donnell, shot by the police as he was about to stab his girlfriend.
• Counsel for the Commissioner in the inquest into the death of Keith Larkins, a man with mental health problems who fired a modified firearm at officers.
• Counsel for the Commissioner in the inquest into the shooting of Nicholas Palmer.
• Counsel for Avon and Somerset Police in the inquest into the shooting of Fosta Thompson.
• Counsel for the Department for Work and Pensions at the inquest into the death of Heather Jane (who committed suicide following the termination of her incapacity benefit).
  

(3) Public inquiries. Sam was junior counsel to Marchioness Inquiry, the Thames Safety Inquiry and the Non-Statutory Inquiry into the Identification of Victims of Major Transport Accidents.

(4) Personal injury. Sam acts on behalf of both claimants and defendants in personal injury actions.

Listed in the Legal 500 2006 as "a good all round performer" and "a junior on the way up".  Listed in Chambers & Partners 2006 as a leading junior in police work and described as "an effective hard worker" and "practical, approachable and friendly"." Described in Chambers UK 2008 as 'strong on communication', 'decisive in her interpretation of the law and fully committed to all her cases', and 'a safe choice by anyones standards'."

Appointments
Junior Counsel to the Crown, Common Law (B Panel) 

Memberships

Sam has lectured widely on the following topics:

• Inquests.
• The legal implications of the police use of firearms.
• Post incident management in firearms incidents.
• The role of the police in major disasters.
• The seizure, detention and forfeiture of terrorist cash
• The Police Reform Act 2002 and deaths in custody.
• Police disciplinary procedures.

She also appeared on Radio 4's Unreliable Evidence program with Lord Justice Clarke, to discuss coroners and inquests.

Junior Barrister

Education
St. Hugh's College, Oxford. BA Hons (Oxon) Modern Languages
Polytechnic of Central London: Dip. Law
King Edward VI High School for Girls, Edgbaston, Birmingham

Languages
French, German, Spanish

Inn: Gray's Inn

Outside interests
Skiing, water-skiing, scuba diving, squash, theatre, travel.