Contact Us

5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk

Practice Areas

Police Law

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Public-Administrative Law

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Inquests

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Public Inquiries




News

Rosemary Nelson Inquiry publishes report

Supreme Court declares DNA retention policy unlawful but grants only limited relief

Jason Beer QC appeared for the Charity Commission in Kennedy v (1) Information Commissioner and (2) Charity Commission [2011] EWCA Civ 367, a case concerning exemptions within the Freedom of Information Act 2000.

Jason Beer QC appears in misconduct hearing concerning Chief Constable

“Public Inquiries" by Jason Beer QC, is published

Jason Beer QC successfully resists an attempt to impose a positive obligation to inform possible victims of unlawful restraint as to their legal status

Jason Beer QC and Andrew Waters successfully defend claim of malicious prosecution and misfeasance in public office brought against Gwent Police

Court of Appeal hands down important decision on necessity criterion in s24 of PACE: Hayes v The Chief Constable of Merseyside Police [2011] EWCA Civ 911

Jason Beer QC appears in a case clarifying the application of the ‘necessity of arrest’ requirement in s24(4) PACE 1984

Congratulations to Chambers' three new QCs

The Commissioner of Police of the Metropolis, represented by Jason Beer, successfully resists an application for judicial review of the decision to retain biometric samples

Ian Tomlinson Inquest

5 Essex Court is delighted to announce the appointment of Fiona Barton, Jason Beer and Jeremy Johnson to Queen's Counsel

Court of Appeal rejects application of criminality defence to human rights claims

Azelle Rodney Inquiry

 

Jason Beer QC

YEAR OF CALL 1992

Chambers & Partners Guide to the Legal Profession:

"...occupies premier league status"

"Frighteningly bright"

“...perpetually busy and perpetually good...”

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

"engaging and warm personality"

"astute and thorough, and manages to tackle everything in a calm and controlled manner"

“A superb all-rounder”

"A tough advocate and a great lawyer"

Clients praise Jason Beer for his “sophisticated legal knowledge and ability to think on his feet”

“superb; very calm and measured, he always has the complete respect of the tribunal”

“intellectually incisive and a man of increasing stature within his field”

"Stands out for his 'impeccable knowledge' and facility for sorting out complicated cases"

"...a punchy advocate who is good in tough arguments"

"He has discretion and good instincts when it comes to sizing up what the court cares about"

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

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

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

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

"…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…"

A "renowned hard worker" with particular expertise in public inquiries

Legal 500:

"...very impressive...a stand-out counsel"

"…very accomplished, a class operator…"

Jason was Junior Counsel to the Crown (Common Law – A panel) until he took Silk in 2011.

Jason is a Recorder on the South Eastern Circuit.

Jason is Developed Vetted.

Background:

Jason practices in public law and police law. He took Silk in 2011. He is ranked as leading practitioner in four practice areas in Chambers & Partners Guide to the Legal Profession, namely in 'police law for defendants', 'professional discipline', 'public inquiries' and 'administrative and public law'. In the Legal 500 he is ranked in 'police law for defendants' and 'public inquiries'.

In relation to public law, Jason specialises in public inquiries and inquests and in claims arising from the operation of the criminal justice system. Before taking Silk Jason was Junior Counsel to the Crown (Common Law – A Panel). He is a Recorder on the South Eastern Circuit, and is Developed Vetted.

In relation to police law, he acts in the full range of disciplines: in civil jury trials for false imprisonment and malicious prosecution; in misconduct proceedings and in inquests.

Jason’s current case load includes:

  • Counsel to the Inquiry in the Al Sweady Inquiry
  • Leading Counsel for the Metropolitan Police Service in the Azelle Rodney Inquiry
  • Leading Counsel for the Parole Board in the inquest into the death of Naomi Bryant
  • Acting for the Metropolitan Police Service in civil claim arising from incident involving ex-Commander Ali Dizaei
  • Acting for and advising Serco PLC in relation to public law claims relating to the use of restraints in detention centres
  • Acting for SOCA in a misfeasance claim arising from Operation Ore
  • Acting for West Midlands Police in test claim relating to the necessity criterion in s24 of PACE 1984
  • Acting for Hampshire Police in malfeasance claim arising from wrongful detention for 28 years
  • Acting for HMRC in claim under HRA 1998 arising from death in custody of drug courier
  • Acting for Nottinghamshire Police in proceedings arising from the discontinuance of criminal proceedings against activists accused of conspiring to shut down a power station
  • Acting for the Metropolitan Police Service in the Phone Hacking Claims

Police Law:

Jason appears in the full range of disciplines on behalf of the police service. He has been instructed by nearly all of the 43 forces in England and Wales.

He has appeared in a significant number of civil jury trials for false imprisonment and malicious prosecution and non-jury actions for assault. These are often 'high profile' claims where serious allegations of racism and / or corruption have been made. Jason has also appeared in non-malfeasance claims which involve the police service – by way of example he appeared on behalf of the Attorney-General in the application for disclosure of police documents in the Madeline McCann case; and represented the Counter-Terrorism Command in the Omagh Bombing Trial in the High Court in Northern Ireland.

Jason has acted and advised in over 250 discipline and misconduct cases. These have often involved complex misconduct investigations and substantial, document intense, misconduct hearings. Jason has additionally acted as Legal Advisor to Chief Constables and Misconduct Panels in a significant number of cases.

Jason has appeared in a high number of difficult and sensitive inquests involving the police service. These are typically inquests involving the deliberate use of lethal force by police officers (firearms incidents), suicides and other deaths in police custody (involving allegations of lack of care) and deaths in road traffic accidents following pursuits by police vehicles. He was counsel for the Metropolitan Police Service in the New Cross Fire Inquest (a 3 month inquest into the deaths of 13 children at a birthday party in 1981).

Jason’s public law practice frequently sees him acting on behalf of the police service in the Administrative Court. Cases have involved challenges to a policy on police cautioning, to disclosures made to the Criminal Records Bureau under the Police Act 1997, to the use of ASBOs to combat prostitution, to the legality of investigations, arrests and searches conducted as part of Operation Ore.

Finally, Jason conducts a significant amount of advisory work on non-contentious police business. This is in relation to both operational and policy matters, in particular in relation to sensitive, and terrorist related, issues. He has also provided advice on the operation of the Data Protection Act 1998 and the Freedom of Information Act 2000.

Recent Police Law cases:

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

Karagozlu v Commissioner of Police of the Metropolis [2007] 1 WLR 1881; [2007] 2 ALL ER 1055

M v Commissioner of Police of the Metropolis (2008) The Times 4th January

Gichura v Home Office (2008) The Times 4th June; [2008] ICR 1287

Flood v The Times Newspapers Ltd [2009] EWHC 411 (QB); (2009) EMLR 18

Al-Hassan Daniel v Her Majesty's Revenue and Customs [2010] EWCA Civ 1443; (2011) 2 WLR 488; (2011) 2 All ER 31; (2011) UKHRR 1

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB) (2011) The Times 11th April (2011) Cr.App.R.1

Hayes v. Chief Constable of Merseyside Police [2011] EWCA Civ 988 (2011) 2 Cr App R 30 (2011) The Times 19th August 19

Howarth v Chief Constable of Gwent Police and Gwent Police Authority [2011] EWHC 2836 (QB)

Public Law:

Jason undertakes all areas of public law work, but specialises in claims that arise from the operation of the criminal justice system. He appears on behalf of central government and other public authorities (including the police service, the Independent Police Complaints Commission and coroners).

Recent Public/Administrative Law cases:

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

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

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

R (on the application of Pinnington) v Chief Constable of Thames Valley Police [2008] EWHC (Admin) 1870

R (on the application of Kay) v Commissioner of Police of the Metropolis [2008] UKHL 69; [2008] 1 WLR 2723; [2009] 2 ALL ER 935; [2009] RTR 10

R (on the application of the Independent Police Complaints Commission) v Commissioner of Police of the Metropolis [2009] EWHC 1566 (Admin)

Kennedy v (1) Information Commissioner and (2) Charity Commission [2011] EWCA Civ 367

R (GC & C) v Commissioner of Police of the Metropolis [2011] UKSC 21 [2011] 1 WLR 1230

R (Children’s Rights Alliance for England) v Secretary of State for Justice [2012] EWHC 8 (Admin)

Inquests:

As well as appearing in inquests themselves, Jason is frequently instructed in related proceedings in the Administrative Court (often acting on behalf of coroners whose decisions and actions are challenged). He appeared on behalf of the Ministry of Defence in the Porton Down Inquest (an inquest into the death in 1953 of a serviceman who acted as a “human guinea pig” testing the Sarin nerve agent). He recently advised the Metropolitan Police Service in relation to the public law aspects of the Inquest into the 7/7 Bombings in London and represented the Parole Board in the Naomi Bryant Inquest. He is presently acting for the University of Manchester in three inquests into the deaths of academic staff who occupied the Rutherford Rooms at the University.

Recent Inquest cases:

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)

R (on the application of the Independent Police Complaints Commission) v HM Coroner for Inner North London [2009] EWHC 2681 (Admin)

R (on the application of McLeish) v HM Coroner for the Northern District of Greater London [2010] EWHC 3624 (Admin) [2010] All ER (D) 211

Public Inquiries:

Jason has appeared in many of the most significant public inquiries of the last decade, mainly on behalf of central government or other public authorities.

He acted for the Commissioner of Police of the Metropolis in the Stephen Lawrence Inquiry (and in the civil litigation that followed it, right up to the House of Lords: see Brooks v Commissioner of Police of the Metropolis [2005] 1 WLR 1495). He appeared for a Government Department in the Harold Shipman Inquiry. He again appeared for the Commissioner of Police of the Metropolis - in the Zahid Mubarek Inquiry (an inquiry into the murder of a young man in Feltham Young Offenders Institution). He was Counsel to the Hearings, instructed by the Health and Safety Executive, in the Public Hearings Touching on the Outbreak of Legionella in Barrow in Furness (an inquiry into the worst outbreak of Legionnaires’ disease in the United Kingdom, in which 7 people died and 172 others contracted the disease). He was junior counsel for the family of Dr David Kelly in the Hutton Inquiry.

Over the last two years, Jason has spent a significant period of time in Northern Ireland, appearing in the Billy Wright Inquiry and the Rosemary Nelson Inquiry. In the former, he lead a team of barristers representing 92 former and serving prison officers and governors that had worked in HMP Maze at the time of the murder of Billy Wright. In the latter, he led a team representing the Northern Ireland Office.

He recently appeared in the Baha Mousa Inquiry, leading on behalf of a group of soldiers in connection with the death of an Iraqi civilian in Basra in 2003.

He has recently been appointed First Junior Counsel to the Al-Sweady Inquiry, an inquiry into allegations that British soldiers unlawfully killed and mistreated Iraqis in 2004.

He is also leading on behalf of the Metropolitan Police Service in the Azelle Rodney Inquiry, an inquiry into the death of a man shot by a police officer in 2005.

He has written a book, called Public Inquiries, for the Oxford University Press, published in July 2011 as part of the OUP’s “Practitioner Series”.

Recent public inquiries:

The Stephen Lawrence Inquiry (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 (Leading Counsel for serving and retired prison officers and governors)

The Rosemary Nelson Inquiry (Leading Counsel for the Northern Ireland Office)

The Baha Mousa Inquiry (Leading Counsel for 15 Soldiers)

The Al-Sweady Inquiry (First Junior Counsel to the Inquiry)

The Azelle Rodney Inquiry (Leading Counsel for the Commissioner of Police)

Immigration:

Jason has recently appeared in a large number of cases at appellate level concerning immigration, nationality and asylum issues. These often involve issues of statutory construction, whose outcome affects a significant volume of applicants.

Recent immigration cases:

JK (Democratic Republic of Congo) v Secretary of State for the Home Department [2007] EWCA Civ 831

NH (Vietnam) v Secretary of State for the Home Department [2008] EWCA Civ 338

AH (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 985

US (Nepal) V Secretary of State for the Home Department [2009] EWCA Civ 208

JH (Zimbabwe) v Secretary of State for the Home Department [2009] EWCA Civ 78 [2009] INLR 385; [2009] IMM AR 499

R (on the application of R (Palestine) v Secretary of State for the Home Department [2009] EWHC 1044 (Admin)

A (Afghanistan) v Entry Clearance Officer (Islamabad) [2009] EWCA Civ 825

AS (Afghanistan) + NV (Sri Lanka) v Secretary of State for the Home Department [2010] 2 All ER 21; (2011) 1 WLR 385 [2010] IMM AR 284; [2010] INLR 111

R (MS, AR and FW) v Secretary of State for the Home Department [2009] EWCA Civ 1310 [2010] INLR 489

R (Simons) v Secretary of State for the Home Department [2010] EWHC 3132 (Admin)

QI (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 614

MD (Ivory Coast) v Secretary of State for the Home Department [2011] EWCA Civ 726

NA (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172

R (Solomon) v Secretary of State for the Home Department [2011] EWHC 3075 (Admin)

Lectures:

Jason provides CPD-accredited lectures to solicitors and others on all aspects of his practice. Recently he has lectured on tactics in defending claims for judicial review, corporate manslaughter, and negligence claims against the police service.

Education:

ICSL, 1991-1992

University of Warwick, 1988 – 1991

The Grammar School for Boys, Gillingham, 1981 - 1988

Interests:

Sailing and travel.