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
Samantha Leek QC
YEAR OF CALL 1993
Described in Chambers UK as:
- "Steeped in police law," Samantha Leek QC is "a charming silk who has a thorough understanding of the police service and the needs of the client." "Impressive in conference," she has the "ability to set clients' minds at rest in difficult circumstances.” Well known for her work in police shootings, Leek represented one officer in the public inquiry into the death of Azelle Rodney - Police Law (2013)
- "remains a top choice for a range of police law cases, but is perhaps best known for her exceptional expertise in handling inquests relating to police shootings" - Police Law (2012)
- A lawyer with the "ability to set the client's mind at rest in difficult circumstances" - Police Law (2012)
Described in Chambers and Partners as:
- "a fantastically safe pair of hands" (2011)
- ‘"possibly without equal" in terms of her specialisation in firearms’. (2010)
- “having particular expertise on deaths in police and prison custody”, (2009)
- "strong on communication', 'decisive in her interpretation of the law and fully committed to all her cases' (2008)
- "a safe choice by anyone’s standards' (2008)."
- "a good all round performer", "an effective hard worker" and "practical, approachable and friendly". (2006)
- claims for damages for psychiatric injury;
- claims by prisoners for negligence / assault;
- employer's liability;
- claims arising out of deaths in custody and police shootings;
- road traffic accidents;
- occupier's liability
- Highways Act claims;
- fatal accidents.
- Human Rights.
- Inquests and the ‘adjectival obligation to investigate’ pursuant to Article 2.
- 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.
- The legal implications of the police use of firearms.
- Post incident management in firearms incidents.
- Police disciplinary procedures.
Background:
Samantha’s first degree was in French and German at St. Hugh’s College, Oxford. She did a CPE at Central London Polytechnic, took the BVC at ICSL and was called to the Bar by Gray’s Inn in October 1993.
She accepted tenancy at 5 Essex Court in 1995, was appointed to the Attorney-General’s “C” Panel of Junior Counsel to the Crown in 1999, to the “B” Panel in 2004 and to the "A" Panel of Treasury Counsel in 2010 and is Developed Vetted.
Personal Injury:
Samantha is instructed on behalf of private companies, police forces, government departments (including Home Office, MOD, Department for Transport, Ministry of Justice, FCO) and privately run prisons in all aspects of personal injury law including:
Police Law:
Samantha represents the police in most areas of civil law, including judicial review, inquests, claims for assault, false imprisonment, malicious prosecution and misfeasance in public office and advises on all aspects of police powers including policy and operational issues.
See section on Inquests for information as to Inquest expertise.
Recent Police Law cases:
Inquests (see above) into the deaths (in custody or by shooting) of: Jean Charles de Menezes, Terry Nicholas, Simon Murden, David Sycamore, Fosta Thompson, Andrew Kernan, Enzo Stompanato
Desmond v Chief Constable of Nottinghamshire [2009] EWHC 2362 (QB)
Representing the Chief Constable of Nottinghamshire in resisting Mr Desmond’s appeal against the order of the County Court striking out his claim in negligence.
R (Gunn) v MAPPA [2009] EWHC 1812
See public law section.
R (De Menezes) v HM Assistant Deputy Coroner for Inner South London [2008] EWHC 3356
Urgent application for permission by the family of Jean Charles De Menezes, challenging the Coroner’s ruling which restricted the verdicts and questions to be left for the jury to consider.
Charles v Commissioner of Police of the Metropolis 2008 Central London County Court
Civil jury action in which the Claimant claimed damages for assault, false imprisonment and malicious prosecution.
Singh v Chief Constable of West Midlands [2006] EWCA (Civ) 1118
See public law section.
Alder v Police Complaints Authority & others
Acted for the PCA in long running claim for discrimination and misfeasance in public office.
R (Mulholland) v HM Coroner for Inner North London [2003] EWHC 2612(Admin)
Acted for Commissioner in JR against decision of Coroner.
R (Stanley) v HM Coroner for Inner North London [2003] EWHC 1180 (Admin)
Acted for Commissioner in JR against decisions of Coroner.
Public / Administrative Law:
Samantha appears in the Administrative Court on behalf of Police Forces and government departments. She undertakes all areas of public law work, including immigration and asylum, prison law, judicial review, human rights.
She is currently advising the Parole Board and the Ministry of Justice in a number of ongoing claims alleging breach of Article 5(4) of the ECHR and false imprisonment.
She is also advising the Secretary of State for Health in ongoing cases in the Care Standards First Tier Tribunal.
Recent Public/Administrative Law cases:
R (De Menezes) v HM Assistant Deputy Coroner for Inner South London [2008] EWHC 3356
Urgent application for permission by the family of Jean Charles De Menezes, challenging the Coroner’s ruling which restricted the verdicts and questions to be left for the jury to consider.
R (Pounder) v (1) HM Coroner for North & South Districts of Durham & Darlington (Defendant) (2) Youth Justice Board (3) Serco Home Affairs Ltd (4) Lancashire County Council (Interested Parties)[2009] EWHC 76 (Admin) (Administrative Court)
Representing Serco Home Affairs Ltd, who operated Hassockfield Secure Training Centre, where Adam Rickwood had hanged himself in his cell, aged 14. The Claimant, Adam’s mother, applied for judicial review of a decision of the defendant coroner not to make any ruling as to the legality of a restraint used on Adam 6 hours before his death, whilst he was detained at Hassockfield.
R (Gunn) v MAPPA [2009] EWHC 1812
Advising MAPPA in a JR in which the Claimant claimed that MAPPA had wrongly categorised him as Category 3, Level 3 according to the MAPPA Guidelines and accordingly imposed too stringent licence conditions.
JN (Cameroon) v SSHD [2009] EWCA Civ 307
Representing the SSHD in an appeal against a decision of the Asylum and Immigration Tribunal to uphold the SSHD’s deportation order.
MF (Jamaica) v SSHD [2007] EWCA (Civ) 1153
Representing the SSHD in an appeal against the decision of the AIT as to whether there was a subsisting marriage.
Singh v Chief Constable of West Midlands [2006] EWCA (Civ) 1118
Representing the Chief Constable in a challenge to the way in which West Midlands police had dealt with protests against the play Bezhti, which some members of the Sikh community found deeply offensive. The Claimant challenged the lawfulness of a direction to disperse protesters which had been issued on 16.12.04 pursuant to section 30(4) of the Anti Social Behaviour Act 2003 (‘ASBA’).
Inquests:
Samantha regularly appears in high profile inquests on behalf of Police Forces, the Home Office, the Ministry of Defence and other government departments. She has recently lectured to the Coroners’ Training Group on the conduct of inquests concerning deaths at the hands of, or in the custody of, agents of the state. She also appeared on BBC Radio 4’s “Unreliable Evidence”, together with Lord Justice Clarke, to discuss Inquests and Coroners.
Recent Inquests:
Inquest into the death of John Charles de Menezes
Counsel for 16 members of CO19, the Metropolitan Police Service Firearms Unit into the shooting of Jean Charles de Menezes.
Inquest into the death of Terry Nicholas
Counsel for the 3 Metropolitan Police Service ‘Specialist Firearms Officers’ who discharged firearms and fatally wounded Terry Nicholas.
Inquest into the death of David Sycamore
Counsel for the Chief Constable of Surrey in the inquest into the shooting of David Sycamore, which culminated in a verdict of ‘lawful killing’.
Inquest into the death of Simon Murden.
Counsel for the Chief Constable of Humberside in the seven-week inquest into the shooting of Simon Murden.
Inquest into the death of Fosta Thompson
Counsel for the Chief Constable of Avon & Somerset in the inquest into the shooting of Fosta Thompson.
Inquest into the death of Louise Giles.
Acted on behalf of the Home Office in a four-week inquest into the death of Louise Giles, who killed herself whilst serving a term of life imprisonment for murder in Durham Prison.
Inquest into the death of Stephen Brown.
Acted on behalf of Serco Home Affairs in the four-week inquest into the death of Stephen Brown who died of septicaemia whilst in Doncaster Prison.
Inquests into the deaths of David Christie / Paul Macaulay
Acted on behalf of the Ministry of Defence in the inquests into the deaths of members of the Royal Navy, who died whilst undergoing training to be Navy divers.
See also Police Law section.
Public inquiries:
Samantha also has experience of public inquiries, having been junior counsel to the Thames Safety Inquiry, the Marchioness Inquiry, and counsel to the Public Inquiry into the Provision of Library Services on the Wirral.
Lectures:
Samantha provides CPD lectures to solicitors and police officers on all aspects of her practice. She has lectured widely on topics including:
Education:
ICSL: 1992-3
CPE: Central London Polytechnic: 1991-2
St Hugh’s College, Oxford University: 1987-1991
King Edward VI High School for Girls, Birmingham: 1980-1987
Interests:
Theatre, Opera, Scuba diving, Skiing.