Claims Against The Police and Public Authorities
Garden Court Chambers is one of the most highly-experienced sets in this complex area with an excellent reputation across the UK
"Garden Court offers "some very impressive barristers with a broad range of skills" who are all "dedicated to their work." The set has extensive experience of handling actions against the police and other detaining authorities, and is well known for its work on inquests and judicial reviews. Sources further praise it for having "fantastic" clerks who are "quick to deal with queries."
Chambers UK 2013
"Garden Court Chambers is credited for its commitment to fighting injustice and inequality. A major force in civil liberties and human rights work, it has a superb police law team that advises on assault, malicious prosecution, false imprisonment and claims for wrongful deprivation of liberty. Other matters handled include cases relating to psychiatric detention and mistreatment in prison. Sources agree that the set is supported by great clerks who are always extremely helpful."
Chambers UK 2012
Garden Court Chambers is noted for its 'strength and depth in actions against the police and inquest work', where it is described as a 'leader in the field'. It provides a 'fantastic service', and the clerks are rated for their quick responses. Owen Davies QC and Courtenay Griffiths QC are recommended among the leading silks. The 'fearless and formidable' Leslie Thomas has a superb reputation for police actions, and inquest and prison work, and is rated for his 'excellent cross-examination skills'. Stephen Simblet is an 'excellent jury advocate' whose 'presence at court shows incredible attention to detail'. The set also receives high praise for its up-and-coming junior juniors.
The Legal 500 2011
We conduct civil actions against the police and other public and quasi-public authorities for false imprisonment, assault, malicious prosecution, misfeasance in public office and other abuses of power. Whilst our work in claims against the police, and our extensive experience in jury trials, continues to form a significant part of our work, we cover the whole range of work against public bodies, including in the growing fields of immigration and mental health detention. The multi-disciplinary nature of Chambers means that members of our team are able to draw upon the experience and knowledge of numerous colleagues, thus providing a truly unique service.
Members of the team are well-versed in dealing with the increasing challenges to funding and are, in appropriate cases, able to work on a conditional fee basis.
A Selection of Our Cases from the Higher Courts
Hayes v Merseyside Police [2011] EWCA Civ 911, [2012] 1 WLR 517
Test of necessity under the Police and Criminal Evidence Act 1984
Clifford v The Chief Constable of the Hertfordshire Constabulary [2011] EWHC 815 (QB)
Successful claim for malicious prosecution
Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453
Unlawful immigration detention leading to substantial award of damages, including exemplary damages
Buike v Chief Constable of West Yorkshire [2009] EWCA Civ 971
Proper approach to section 329 of the Criminal Justice Act 2003
Commissioner of Police of the Metropolis v Raissi [2008] EWCA Civ 1237, [2009] QB 564
Successful claim for false imprisonment arising out of arrest for alleged involvement in 9/11 terrorist attacks
IT v Secretary of State for Justice [2008] EWHC 1707 (Admin) [2008] MHLR 290
Unlawful detention of patient subject to recall
Keegan v United Kingdom (2007) 44 EHRR 33
Damages can be claimed for the execution of a search warrant, even when there is no malice, where search is disproportionate because of a failure to carry out adequate checks as to accuracy of information
Langley v Liverpool City Council [2005] EWCA Civ 1173, [2006] 1 WLR 375
Liability of police and local authority for wrongful exercise of child protection powers
Chief Constable of Merseyside v Ali Daar [2005] EWCA 1774, [2005] 1 Pol LR 376
Claim against the police for malicious prosecution not an abuse of process despite subject matter of claim having already been decided against claimant in the context of an ASBO
R v Governor of HMP Brockhill ex parte Evans (No. 2) [2001] 2 AC 19
False imprisonment is a tort of strict liability.
The team
Members of the Claims Against The Police and Public Authorities team are listed below - click on their names to go to their profiles.
