Contact Us

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

Practice Areas

Police Law; Public-Administrative Law; Personal Injury Law; Inquests; Public Inquiries



Jeremy Johnson

YEAR OF CALL 1994

Jeremy is recommended in the major directories:

  •  ‘fantastic and extremely knowledgeable – a very clever man who always produces a quick turnaround.’ Chambers and Partners 2010
  •  ‘outstanding – he works relentlessly, and is incredibly intelligent and incisive.’ Chambers and Partners 2009

Jeremy is Junior Counsel to The Crown (Common Law – A Panel) (2007) (previously B panel 2003-2007 and C panel 2000-2003), a member of the Welsh Assembly Panel of Counsel, a Recorder (2009), editor of the Police Law Reports, Consultant Editor of Halsbury's Laws Volume 36 (Police). He is Developed Vetted.

Background:

Practises in the areas of public law, human rights (domestic and international) and civil liberties, police and prison law, immigration and asylum, social security, employment and malfeasance claims (assault, false imprisonment, malicious prosecution and misfeasance).

Appointed to the Attorney General's Panel of Counsel for Government work in April 2000, and appointed to the A Panel in 2007.

Police Law:

Jeremy edits the Police Law Reports and Halsbury Laws (Police). He acts for claimants, chief constables, police authorities and the Independent Police Complaints Commission in all cases involving the police, including public law claims, malfeasance cases, employment claims and policy advice.

Recent Police Law cases:

Seal v United Kingdom – European Court of Human Rights 2010

Whether the requirement to obtain the leave of the High Court under section 139(2) of the Mental Health Act 1983 before commencing civil proceedings is compatible with articles 6 and 14 of the European Convention on Human Rights.

R (AF and Thompson) v Secretary of State for the Home Department – Supreme Court, 2010

Whether the regime requiring sex offenders to comply with notification obligations for an indefinite period without a right of review was compatible with article 8 of the European Convention on Human Rights.

R (Purdy) v Director of Public Prosecutions [2009] UKHL 45 – House of Lords

Whether the Code for Crown Prosecutors was sufficient to satisfy the legality requirement of article 8 of the European Convention on Human Rights in assessing how prosecutorial discretion was likely to be exercised in cases of assisted suicide under the Suicide Act 1961.

Secretary of State for the Home Department v AF [2009] UKHL 28 – House of Lords

Whether the system of special advocates in control order proceedings, and the linked disclosure regime, complied with article 6 of the European Convention on Human Rights.

R v G [2009] 1 AC 92 – House of Lords

Whether the offence of rape under section 5 Sexual Offences Act 2003 was compatible with article 8 of the European Convention on Human Rights.

Seal v Chief Constable of South Wales Police [2007] 1 WLR 1910

Whether a failure to obtain the leave of the High Court under the Mental Health Act 1983 s.139(2) before commencing civil proceedings rendered those proceedings a nullity.

R (Laporte) v Chief Constable of Gloucestershire [2007] 2 AC 105 – House of Lords

Whether preventing protestors from attending a demonstration had been a breach of article 10 of the European Convention on Human Rights.

Ministry of Justice v Scott [2009] EWCA Civ 1215

Whether the right to bring an action for malicious prosecution against a complainant was confined to cases in which there was a single prosecution witness with exclusive knowledge of the facts.

Barracks v John Coles and Commissioner of Police of the Metropolis [2007] ICR 60

Whether, having regard to section 17 of the Regulation of Investigatory Powers Act 2000, the police were entitled to withhold disclosure of documents on the grounds that there was a statutory prohibition on disclosure which the police were not permitted to identify.

R (I) v (1) City of Westminster Magistrates’ Court (2) Chief Constable of Greater Manchester Police (Defendants) & Crown Prosecution Service (Interested Party) [2008] EWHC 2146 (Admin)

Whether the power contained in section 41 of the Terrorism Act 2000 to detain without warrant was compatible with article 5 of the European Convention on Human Rights.

 R (Hodgson) v Chief Constable of South Wales Police [2008] EWHC 1183 (Admin)

Whether it was lawful to require officers who had served for more than 30 years to retire.

 R (I) v Chief Constable of Manchester Police [2008] EWHC 2146 (AdmIn), [2009] ACD 45 whether power to detain a terrorist suspect under s41 Terrorism Act 2000 is compatible with art 5 ECHR.

 R (Independent Police Complaints Commission) v Assistant Commissioner Hayman [2008] EWHC 2191 (Admin)

Standard of proof in police disciplinary proceedings

R (Independent Police Complaints Commission) v Chief Constable of West Mercia and David Walton [2007] EWHC 1035 (Admin)

Whether it was an abuse of process (double jeopardy) to discipline a police officer on charges which had been determined in the officer’s favour in the context of a coroner’s inquest.

Miller and others v Chief Constable of South Wales Police 2009

Settlement of major malicious prosecution claim - amount claimed in the region of £3M.

 Butterworth v Information Commissioner 2009

Test case in the Information Tribunal on whether the names of police informants from 100+ years ago should still be kept secret.

 Ahmad v Commissioner of Police 2009

High Court trial of assault claim against a prominent terrorist suspect.

2009: Advising several forces on recouping the costs of policing public events, particularly football matches.

Public / Administrative Law:

Jeremy acts for both claimants and defendants in all areas of public and administrative law, but particularly in relation to claims concerning human rights and civil liberties, criminal law and public protection, immigration and asylum and police/prisons.

Recent Public/Administrative Law cases:

Seal v United Kingdom – European Court of Human Rights 2010

Whether the requirement to obtain the leave of the High Court under section 139(2) of the Mental Health Act 1983 before commencing civil proceedings is compatible with articles 6 and 14 of the European Convention on Human Rights.

R (AF and Thompson) v Secretary of State for the Home Department – Supreme Court, 2010

Whether the regime requiring sex offenders to comply with notification obligations for an indefinite period without a right of review was compatible with article 8 of the European Convention on Human Rights.

R (Purdy) v Director of Public Prosecutions [2009] UKHL 45 – House of Lords

Whether the Code for Crown Prosecutors was sufficient to satisfy the legality requirement of article 8 of the European Convention on Human Rights in assessing how prosecutorial discretion was likely to be exercised in cases of assisted suicide under the Suicide Act 1961.

Secretary of State for the Home Department v AF [2009] UKHL 28 – House of Lords

Whether the system of special advocates in control order proceedings, and the linked disclosure regime, complied with article 6 of the European Convention on Human Rights.

R v G [2009] 1 AC 92 – House of Lords

Whether the offence of rape under section 5 Sexual Offences Act 2003 was compatible with article 8 of the European Convention on Human Rights.

Seal v Chief Constable of South Wales Police [2007] 1 WLR 1910 – House of Lords

Whether a failure to obtain the leave of the High Court under the Mental Health Act 1983 s.139(2) before commencing civil proceedings rendered those proceedings a nullity.

R (Laporte) v Chief Constable of Gloucestershire [2007] 2 AC 105 – House of Lords

Whether preventing protestors from attending a demonstration had been a breach of article 10 of the European Convention on Human Rights.

R (Misick) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 1039 (Admin)

Whether it was contrary to domestic and international human rights law to suspend democratic institutions in the Turks and Caicos Islands.

R (Bektas) v Secretary of State for Justice [2009] EWHC 2359 (Admin)

Whether the regime for release under section 225A(5) of the Criminal Justice Act 2003 was compatible with article 5 of the European Convention on Human Rights.

R (I) v (1) City of Westminster Magistrates’ Court (2) Chief Constable of Greater Manchester Police (Defendants) & Crown Prosecution Service (Interested Party) [2008] EWHC 2146 (Admin)

Whether the power contained in section 41 of the Terrorism Act 2000 to detain without warrant was compatible with article 5 of the European Convention on Human Rights.

Public Inquiries:

Jeremy has acted both for individuals/families and public authorities in several significant public inquiries. He is currently acting for the Ministry of Defence in the Al Sweady public inquiry. He has acted in a number of significant public inquiries in recent years, including:

The Hutton Inquiry (junior counsel for the Kelly family)

The Scott Review (for the Northern Ireland Office, the Secretary of State for Northern Ireland and a number of officials)

The Inquests into the deaths of Diana, Princess of Wales and Dodi Al Fayed (for the Secret Intelligence Service, the Security Service and Government Communications Headquarters)

The Billy Wright Inquiry (for the Northern Ireland Office, the Northern Ireland Prison Service and a number of senior officials)

Lectures:

Jeremy provides CPD lectures to solicitors on all aspects of his practice. Recently he has lectured on public inquiries, the Regulation of Investigatory Powers Act 2000, false imprisonment and judicial review.

Education:

Inns of Court School of Law, 1993-1994

Common Professional Examination, 1992-1993

Corpus Christi College, Oxford, 1989-1992 (Mathematics and Philosophy)