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Home > Areas of law > Civil liberties and human rights > Claims against the police and public authorities

Claims against the police and public authorities

Garden Court is recognised as one of the leading chambers in the UK specialising in actions against the police and public authorities. Our barristers are highly ranked in Chambers & Partners and Legal 500 for police law as well as civil liberties and human rights.

 

We have a reputation for securing substantial damages in the most difficult cases and for pursuing innovative points of law to secure the best possible outcome for our clients. We are strongly committed to representing the vulnerable and the marginalised.

Our Expertise

Our barristers have very considerable expertise in holding the State to account and bringing private law claims against a range of public bodies including:

  • The Metropolitan Police Service and all other police forces in England and Wales
  • The Prison Service (via the Ministry of Justice)
  • The Probation Service
  • Local Authorities
  • Social Services
  • NHS Hospital Trusts
  • The Home Office, particularly in relation to immigration detention

Since the outsourcing of public services to private companies such as G4S and Serco, we have inevitably built up expertise in bringing damages claims against such entities too.

Given some of the very real difficulties in obtaining public funding, we do our best to provide flexible fee arrangements, including Conditional Fee Agreements.

We also bring related judicial review challenges to individual decisions made by public bodies (such as the IPCC) as well as wider public law and human rights challenges to published policy.

We specialise in pursuing a wide range of civil claims for our clients, including damages claims relating to:

  • Post-inquest civil claims including breaches of Article 2 ECHR
  • Breaches of Articles 3 & 4 ECHR investigative obligations on behalf of victims of trafficking and sexual offences
  • Assault and battery and breaches of Article 3 ECHR
  • False imprisonment, unlawful detention and breaches of Article 5 ECHR
  • Trespass and breaches of Article 8 ECHR
  • Protest cases and breaches of Articles 9, 10 and 11 of the ECHR
  • Malicious prosecution
  • Misfeasance in public office
  • Negligence
  • Discrimination claims under the Equality Act 2010 and Article 14 ECHR claims

To find out more about how we can help, contact Phil Bampfylde, Senior Civil Clerk on 020 7993 7640 or or Emma Manning, Civil Practice Manager on 020 7003 7643 or

What others say

Garden Court Chambers won Human Rights and Public Law Set of the Year at the Chambers Bar Awards 2016.

“Garden Court Chambers boasts an impressive selection of silks and juniors offering broad-ranging expertise in the field of civil liberties and human rights. The set enjoys a strong reputation for claimants challenging police misconduct and the actions of public bodies.”
Chambers UK Bar Guide

“Experienced and highly regarded barristers” and “a go-to set for police actions.
Legal 500

Notable Cases

A selection of our notable cases:

Michael and Others v Chief Constable of the South Wales Police and Another [2015] UKSC 2, [2015] 2 WLR 343
Acting for the Interveners (Refuge and Liberty) in the most recent Supreme Court authority on police liability in negligence for a preventable death, as well as under the Human Rights Act 1998 (i.e. whether there was a breach of Article 2 ECHR).

CLG and others v Chief Constable of the Merseyside Police [2015] EWCA Civ 836
The Court of Appeal considered whether the police could rely on judicial proceedings immunity in a claim for negligence arising out of disclosure of the addresses of eye witnesses to a shooting.

South Wales Police v Daniels and others [2015] EWCA Civ 680
Successfully responding to an interlocutory appeal by the police in relation to claims for misfeasance in public office and the extent to which such claims were caught by the absolute immunity from suit as set out in Darker v Chief Constable of the West Midlands Police [2001] 1 AC 435.

Hayes v Merseyside Police [2011] EWCA Civ 911, [2012] 1 WLR 517
Test of necessity under the Police and Criminal Evidence Act 1984.

Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453
Unlawful immigration detention and misfeasance in public office leading to substantial award of damages, including exemplary damages.

Buike v Chief Constable of West Yorkshire [2009] EWCA Civ 971
The Court of Appeal considered the proper approach to section 329 of the Criminal Justice Act 2003.

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