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; Employment Law; Personal Injury Law; Licensing Law; Inquests; Public Inquiries; Other Specialisms



Francesca Whitelaw

YEAR OF CALL 2003

Background:

Francesca studied English Literature at St John’s College, Cambridge. She converted to law and took the BVC at ICSL before undertaking an MA in Law at City University. She was called to the Bar by Inner Temple in July 2003 and accepted tenancy at 5 Essex Court in 2005.

Police Law:

Francesca represents police forces across the country in all areas of police civil law including false imprisonment, assault, malicious prosecution, misfeasance, race relations, personal injury, disclosure, inquests, and police misconduct. She also advises forces on all aspects of operational and policy matters.

She has extensive experience acting on behalf of the police in applications for Anti-Social Behaviour Orders, Sexual Offences Prevention Order/Risk of Sexual Harm Orders, Football Banning Orders, Closure Orders, orders under the Proceeds of Crime Act 2002 and the Anti-Terrorism, Crime and Security Act 2001 and Police Property Act and firearms licensing matters. She has been instructed in appeals to the Crown Court and High Court, by way of case stated, and in proceedings brought by way of Judicial Review.

Public / Administrative Law:

Francesca has appeared in the Administrative Court and has considerable experience of advisory work in claims for judicial review, with particular expertise in claims involving the police, human rights, and challenges to the outcome of complaints against police.

Francesca has previously acted as an advisor to the Treasury Solicitor in false imprisonment, misfeasance, personal injury and other claims brought against the Home Office and other government bodies.

Francesca’s particular experience is in the area of deaths in police and prison custody, and deaths involving police contact.

Francesca has experience of cases involving unfair dismissal, unlawful deduction of wages, sex discrimination and race discrimination.

Francesca is regularly instructed by public authorities and police forces in hearings and appeals under the Licensing Act 2003, as well as on advisory matters.

She also has considerable experience of appeals in Private Hire Vehicle licensing matters.

Francesca represents and advises claimants and defendants in all aspects of personal injury work, including road traffic accidents, employer’s liability, occupier’s liability, Highways Act claims, and fatal accident claims. Her experience has included advising police forces, local authorities, and government departments.

Recent Police Law cases:

E, T and Morris v Chief Constable of Kent Police[2009] EWHC 2264 (Admin)

Junior Counsel for the Respondent in Judicial Review proceedings brought by three claimants, including two children aged 11, who challenged the lawfulness of stop and searches which took place at a Climate Camp protest at a power station in Kent.

Seal v Chief Constable of South Wales Police [2007] UKHL 32

Junior Counsel for the Respondent in the early course of an appeal to the House of Lords, concerning whether a failure to obtain leave under s139(2) Mental Health Act 1983 rendered subsequent proceedings a nullity.

Chief Constable of Cumbria v (1) Marc Wright (2) Fiona Wood [2006] EWHC 3574 (Admin)

Counsel to the Chief Constable in an appeal by way of case stated concerning the requirements of the Police in bringing application to close “crack house” premises under the Anti-Social Behaviour Act 2003. 

Recent Public/Administrative Law cases:

E, T and Morris v Chief Constable of Kent Police[2009] EWHC 2264 (Admin)

Junior Counsel for the Respondent in Judicial Review proceedings brought by three claimants, including two children aged 11, who challenged the lawfulness of stop and searches which took place at a Climate Camp protest at a power station in Kent.

Recent Inquests:

Re Ali (Deceased)

Counsel for the Commissioner of Police for the Metropolis in the Inquest into the death of a young boy who died crossing the M1.

Lectures:

Francesca provides CPD lectures to solicitors on all aspects of her practice. Previous lectures include: the Police Performance and Conduct Regulations 2008; positive duties of the police under Articles 2 and 3 of the European Convention on Human Rights; Civil orders under the Proceeds of Crime Act 2002, the Anti-Social Behaviour Act 2003 and the Sexual Offences Act 2003; and Police Disclosure of Information to the Media.

Education:

City University, 2003-2004 and 2001-2002 (Inner Temple Exhibition)

ICSL (Duke of Edinburgh Entrance Scholarship, Inner Temple), 2002-2003

St John’s College, Cambridge University (McMahon Scholarship), 1998-2001

Harvard University, Cambridge, Massachusetts, June-August 1998

Benenden School (Scholar), 1995-1997

Interests:

Travel, scuba-diving, wakeboarding, skiing