"Anne Studd QC is "highly capable," "very decisive and intellectually very bright." She is "a tough opponent" because she is "excellent in cross-examination," and has built up a strong reputation for herself handling work arising from the G20 demonstrations. She defended the Metropolitan Police in a case concerning a young autistic person who was arrested at a swimming pool." (Police Law) Chambers UK 2013

"decisive and bright"  (Police Law) Chambers UK 2012

“Continues to win acclaim” Chambers and Partners 2010

Anne Studd is ‘a classy operator who is very highly regarded and knows her stuff incredibly well.’ Chambers and Partners 2009

Trusted for her “determined and incisive approach” Chambers and partners 2008

Anne is a Recorder of the South Eastern Circuit and is vetted to SC level.

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 team 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. Her focus of interest centres on judicial review and the impact of the Human Rights Act 1998 on police procedures and operations. She is also regularly instructed to deal with sensitive inquests involving the application of Article 2 and issues of third party disclosure for example in relation to the lifting of the Venables injunction, as a “non- party” in family proceedings where the mother was a victim of HBV and in police protection and a claim for libel brought against the Times Newspaper where disclosure was sought of very sensitive informant material. She also regularly advises in non-contentious policy and training matters relating to the police.

Recent Police Law cases:
Inquest into the death of Naomi Bryant (Hampshire)
Lengthy inquest into the death of a young woman murdered by a man released on life licence. Allegations of failures by those agencies involved in the MAPP. Close examination and analysis of the MAPP process and responsibilities.

Pewter v. Commissioner of Police for the Metropolis (3 December 2010) Wilkie J
The case concerned the inadvertent disclosure by the Defendant’s officer of material relating to a convicted sex offender, created under the Multi Agency Public Protection Arrangements (MAPPA) and thus subject to Public Interest Immunity (PII). The Claimant contended that such a disclosure placed the material in the public domain and thereby waived the PII of the source documents. Wilkie J., in rejecting the application, confirmed that the PII status of documents cannot be affected by their inadvertent disclosure. The ruling establishes that the principle, that PII exists independently of any party and thus cannot be waived survived the introduction of the Human Rights Act 1998.

Staley v Commissioner of Police of the Metropolis HHJ Mitchell Central London County Court Judgment 15th November 2010
Extent of Article 2 duty in relation to person suffering from excited delirium who made a 999 call alleging assault. Whether there was a common law action available (negligence and misfeasance struck out strike) and whether Article 2 can apply where there is in fact no threat from the unlawful act of the third party and a person is not detained by the state (as in Savage) Held no article 2 duty per Osman in such circumstances.

B v. A 2010 (Family Division) Acting for the Intervener in family proceedings in relation to allegations of honour based violence where one party was living at an undisclosed address and under a new identity. Complex issues of public interest immunity and whether the fact finding judge should adopt the special advocate procedure in order to deal with the material.

C v Greater Manchester Police [2010] EWHC 1601 CA 19th January 2011 Consideration of disclosure of allegation of sexual abuse to employer. First since “L” in the Supreme Court. Langstaff J quashed decision to disclose and ordered that the material not be disclosed in any future application in the event C sought work with over 16s. CA held injunction was wrong in principle save in exceptional circumstances. This was a case where representations should be sought from C. Where it is alleged that there has been a failure to permit representations it should be dealt with by way of the judicial review pre action protocol.

Rutherford v. IPCC and Commissioner of Police of the Metropolis 2010 Powers of plain clothes offices when stopping vehicles to speak to drivers. Common law powers contrasted with powers under Police and Criminal Evidence Act and/or road Traffic Accident.

Inquest and civil claim arsing from the shooting 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 the Administrative Court. Her public law work is generally police or IPCC related. She is regarded as a leader in this field in Legal Experts 2011.

Recent Administrative law cases

C v Greater Manchester Police [2010] EWHC 1601 CA 19th January 2011
Consideration of disclosure of allegation of sexual abuse to employer. First since “L” in the Supreme Court. Langstaff J quashed decision to disclose and ordered that the material not be disclosed in any future application in the event C sought work with over 16s. CA held injunction was wrong in principle save in exceptional circumstances. This was a case where representations should be sought from C. Where it is alleged that there has been a failure to permit representations it should be dealt with by way of the judicial review pre action protocol.

Rutherford v. IPCC and Commissioner of Police of the Metropolis [2010] EWHC 2881
Powers of plain clothes offices when stopping vehicles to speak to drivers. Police officer not required to have power in mind to act lawfully under it. Common law powers contrasted with powers under Police and Criminal Evidence Act and/or road Traffic Act.

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

West v. Holloway
High value claim arising from head on road traffic accident. Complex issues in relation to re-housing costs.

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. Recently she has lectured on the ambit of Article 2 in so far as it relates to policing and the developing jurisprudence on the use of police tactics in policing protest.

Interests:

Gardening and Chickens.