Trusted for her “determined and incisive approach” Chambers 2008

Anne is a Recorder of the South Eastern Circuit and is security cleared

Background:

Anne graduated from London University with a degree in history and then pursued her law studies achieving a 2:1 in Bar Finals in 1988. Having completed pupillage in a civil and public law set Anne joined 5 Essex Court in 1991. Complementing her work at 5 Essex Court, Anne has contributed to Clayton and Tomlinson’s ‘Civil Actions Against the Police’ (3rd edition) and wrote the section on damages in police cases for the latest edition of Kemp and Kemp ‘The Quantum of Damages’  She is also a Gray’s Inn Advocacy Trainer.

Police Law:

Anne has widespread experience in all aspects of police law, including judicial review, human rights, civil actions involving the police (assault and other personal injury, false imprisonment, malicious prosecution and misfeasance) and inquests. She also regularly advises in non contentious matters relating to the police.

Recent Police Law cases:

Inquest Into The Death Of JEAN CHARLES DE MENEZES 2008

R (on the application of CHRISTINE ASHTON) (Claimant) v POLICE MEDICAL APPEAL BOARD (Defendant) & METROPOLITAN POLICE AUTHORITY (Interested Party) [2009] ICR 51

The correct interpretation of "the force" in the Police Pensions Regulations 1987 reg.12(2) was the police force in which the officer was serving at the relevant time, as opposed to the police service as a whole.

ALESSANDRO PEREIRA (Claimant) v INNER SOUTH LONDON CORONER (Defendant) & (1) DIRECTOR OF PUBLIC PROSECUTIONS (2) INDEPENDENT POLICE COMPLAINTS COMMISSION (3) COMMISSIONER OF POLICE FOR THE METROPOLIS (Interested Parties) [2007] 1 WLR 3256
A coroner had under the Coroners Act 1988 s.16(1)(b) a discretion to adjourn an inquest at the request of the Director of Public Prosecutions where there were reasons not to accede to the request, and if he exercised that discretion rationally in the light of all relevant matters including the state's duty under the European Convention on Human Rights 1950 Art.2 to investigate a death, his decision could not be impugned by judicial review.

R (on the application of CHRISTINE HURST) v COMMISSIONER OF POLICE OF THE METROPOLIS  [2007] 2 AC 189

The Court of Appeal had erred in concluding that, by virtue of the Human Rights Act 1998 s.3, the Coroners Act 1988 s.11(5)(b)(ii) had, since the coming into force of the 1998 Act, to be interpreted to require an inquest complying with the United Kingdom's international obligations under the European Convention on Human Rights 1950 Art.2, no matter when the death occurred.

COMMISSIONER OF POLICE FOR THE METROPOLIS V CHRISTINE HURST [2005] 1 WLR 3892  
An inquest would be resumed where there were very strong reasons of public policy, as well as reasons relating to the UK's obligations under the European Convention on Human Rights 1950, why an enquiry into a death should take place as required by Art.2. No unfairness would be caused to any individual by the holding of such an enquiry and there was every reason for giving the Human Rights Act 1998 s.3 a limited retrospective application in order to bring about the resumption of the inquest.

R (on the application of R) v DURHAM CONSTABULARY & ANOR [2005] 1 WLR 1184

The giving of a warning pursuant to the Crime and Disorder Act 1998 s.65 did not involve the determination of a criminal charge.

Public / Administrative Law:

Anne appears on behalf of public bodies in the Administrative Court. Her public law work is generally police or IPCC related.

Recent Administrative law cases:

ALESSANDRO PEREIRA (Claimant) v INNER SOUTH LONDON CORONER (Defendant) & (1) DIRECTOR OF PUBLIC PROSECUTIONS (2) INDEPENDENT POLICE COMPLAINTS COMMISSION (3) COMMISSIONER OF POLICE FOR THE METROPOLIS (Interested Parties) (2007) 1 WLR 3256

A coroner had under the Coroners Act 1988 s.16(1)(b) a discretion to adjourn an inquest at the request of the Director of Public Prosecutions where there were reasons not to accede to the request, and if he exercised that discretion rationally in the light of all relevant matters including the state's duty under the European Convention on Human Rights 1950 Art.2 to investigate a death, his decision could not be impugned by judicial review.

R (on the application of CHRISTINE HURST) v COMMISSIONER OF POLICE OF THE METROPOLIS  (2007) 2 AC 189

The Court of Appeal had erred in concluding that, by virtue of the Human Rights Act 1998 s.3, the Coroners Act 1988 s.11(5)(b)(ii) had, since the coming into force of the 1998 Act, to be interpreted to require an inquest complying with the United Kingdom's international obligations under the European Convention on Human Rights 1950 Art.2, no matter when the death occurred.

Personal Injury:

Anne has represented Claimants in personal injury actions ever since she commenced practice in 1991 and continues to do so.

Recent Personal Injury cases:

Lintern v. Horton Claimant aged 24 at date of approval sustained catastrophic brain injury in car accident. Claimant settled for over £3m 2007

Power v Greenall Claim by driver employed by Virgin Trains who was assaulted by a passenger. Damages included an aggravated damages award 2009

Hopes v Specialist Vehicles Limited 2004 Claim by driver injured in car accident. Back injury Claim settled for £500,000

Lectures:

Anne provides CPD lectures to solicitors and others on all aspects of her practice.

Interests:

Early Years Education,