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

;

Licensing Law

;

Inquests




 

Barnabas Branston

YEAR OF CALL 1999

Background:

Barney studied French with Linguistics at Christ Church, Oxford, graduating in 1991. Whilst at university, Barney was sponsored by the Welsh Guards and after graduating he served in the regiment for five years in Northern Ireland, Shropshire, Paris, Germany and London.

On leaving the Army he converted to law at City University and studied for the BVC at ICSL; he was called to the Bar by Middle Temple in October 1999. Barney was recently awarded an MA from Oxford University, being congratulated by both the Vice Chancellor of the University and by the Dean of Christ Church for his "hard work and dedication.

“a star of the future in this field” Chambers and Partners 2007

“an incredible ability for one so young” Chambers and Partners 2007

“a solid reputation for his work, particularly on employers’ liability claims” Chambers and Partners 2010

“impresses sources with his solid expertise in relation to disciplinary proceedings, employers' liability claims and coroners' inquests." Chambers and Partners 2011

“is a firm favourite among clients and instructing solicitors alike. Sources rate him highly for his work in coroners' inquests, disciplinary hearings and civil actions.” (Police Law) Chambers and Partners 2012

Police Law:

Barney’s police law practice consists largely of work in disciplinary proceedings, both on behalf of the presenting officer/appropriate authority and as legal adviser to the panel. In particular, he has been able to deploy his familiarity with the Police (Conduct) Regulations 2008 that was garnered from his membership of the Chambers’ team that delivered highly successful and acclaimed training on the subject to police forces nationwide.

He continues to represent Chief Officers in coroners’ inquests, recently appearing on behalf of City of London Police in the Ian Tomlinson inquest. Other inquests in which Barney has appeared have included those into deaths resulting from cocaine toxicity and excited delirium, those where death resulted from acute alcohol withdrawal and those where death followed vehicle pursuits. He is currently instructed in a week-long inquest with a jury in which issues surrounding the condition of excited delirium and the extent of police training thereon will fall to be considered, and in another week-long inquest where the relevant force’s pursuit policy will be examined. His five years’ service in the Welsh Guards before coming to the Bar also gives him a particular insight into inquests where firearms have been used.

He also defends Chief Officers in civil actions for assault, wrongful arrest/false imprisonment, malicious prosecution and misfeasance and appears on behalf of Chief Officers in licensing matters; he has a background in representing the police in various civil matters in the Magistrates’ Court (such as under POCA and the Sexual Offences Act) and on appeal to the Crown Court.

Recent Police Law cases:

Re Ian Tomlinson - Representing City of London Police in the six-week inquest into the death of Ian Tomlinson at the G20 demonstration on 1 April 2009, where the actions of all officers (and police dogs) involved in the clearance of Royal Exchange Buildings were considered in great detail and in highly publicised proceedings.

Klein v Chief Constable of Staffordshire – defence of the Chief Constable in a 6 day jury trial for malicious prosecution brought by a litigant in person.

Gray v Metropolitan Police – defence of the Commissioner in a number of wide-ranging applications (both in the County Court and in the High Court) and in the eventual trial in proceedings for wrongful arrest brought by a litigant in person.

Re Ricky Penfold – Coroner’s inquest representing the Metropolitan Police where officers restrained an individual who was in the throes of cocaine-induced excited delirium.

Re PC Rackham – Presenting Officer in Fast Track disciplinary proceedings pursuant to Police (Conduct) Regulations 2004 in respect of an officer who was later convicted of serious sexual offences.

Re Sean Walsh - representing Warwickshire Police in a three-week Coroner's inquest into the death of an alcoholic man whose condition declined in custody and who later died in hospital. Detailed analysis of the signs, symptoms and medical consequences of alcohol withdrawal and the ramifications for training and improved best practice in the custody suite.

Re Insp Burrows, Sgt Thurogood, PC Johnson - Legal Advisor to an externally-appointed panel convened to consider allegations of gross misconduct against officers who were very highly placed in the force's Federation hierarchy. Re Supt Trotman - Legal Advisor to the panel in misconduct allegations against a senior officer convened to consider matters of gross misconduct.

Okoro v Metropolitan Police - defending a three-day trial in the High Court for wrongful arrest and assault.

Re PC Joseph - Legal Advisor to the panel chaired by the DCC in allegations of gross misconduct brought against an officer alleged to have assaulted members of the public when off duty, where proceedings continued despite the officer's prior acquittal in the magistrates' court.

Licensing Law:

Barney is regularly instructed by Police Forces and Licensing Authorities in relation to case management hearings, review hearings and appeals under various provisions of the Licensing Act 2003. He is also regularly instructed in Private Hire Vehicle Driver and Operator Licence appeals.

Recent Licensing cases:

Re Broadway Boulevard – represented the Metropolitan Police in a review of a premises licence for a venue in West London.

Re The J Bar - represented the Metropolitan Police in a review and subsequent appeal in relation to a nightclub in Brixton.

Personal Injury:

Barney represents both claimants and defendants at all stages of proceedings and in cases that range from "simple" tripping and slipping cases on the fast track to rather more complex matters on the multitrack. He is very happy to undertake CFA work and aims to return written work within 14 days.

Sports Law:

Barney has a long-held interest in sport and is seeking to develop a practice in the regulatory and disciplinary aspects of sports law, both on behalf of individual athletes / sportsmen and sportswomen and on behalf of individual sports’ governing bodies, primarily utilising his significant disciplinary experience in his police practice.

Lectures:

Barney is happy to provide CPD lecture to solicitors on all aspects of his practice.

Education:

ICSL, 1998 - 1999

City University, 1997 - 1998

Royal Military Academy Sandhurst, 1992

Christ Church, Oxford University, 1987 - 1991

Rendcomb College, Cirencester, 1982 - 1987

Interests:

Barney is married with three children, lives in Shropshire and his outside interests include sport (especially rugby and cricket), the Welsh Guards, and looking after his chickens and his spaniel.