Kirsten is recognised in Chambers and Partners and Legal 500 as a leading junior in Inquests and Public Inquiries, Claims against Public Authorities and Civil Liberties/Human Rights
Kirsten also specialises in public and administrative law and complex civil litigation arising across her practice areas. Kirsten is a member of the Environmental Law and Climate Justice team.
Kirsten is a Fee Paid Judge in the First Tier Tribunal and Assistant Coroner for Swansea and Neath and Port Talbot.
Inquests and Inquiries
Overview
Kirsten is recognised in Chambers and Partners as a leading barrister in Inquests and Public Inquiries described as “super clever and thorough: she has an excellent grasp on detail… Formidable with her opponents and excellent with clients. Someone you definitely want on your side."
Kirsten is currently instructed as leading counsel representing all the non-police, non-state core participants in the Undercover Policing Inquiry. Kirsten represents the Covid 19 Bereaved Families for Justice Cymru in the UK Covid-19 Inquiry and was instructed in the Brooke House Inquiry.
Kirsten has 17-years’ experience acting in high profile and complex inquests from the Hillsborough Inquests to the Shoreham Airshow disaster. Kirsten is a specialist in proceedings arising from deaths in custody, from use of force/restraint, police shootings, mental health detained/non-detained, deaths of children in the care of the state, of foreign nationals, clinical negligence related deaths and controversial and sensitive military deaths and mass disaster fatalities. Kirsten also has extensive experience working on cases involving deaths of women and children in the context of domestic violence and femicide and of children and young people with autism / neurodiversity / an ALN. Kirsten accepts pro bono instructions from bereaved families unable to secure legal aid.
Kirsten frequently advises Coroners and acts as Counsel to the Inquest.
Kirsten advises on public law challenges arising in coronial proceedings and litigates complex civil cases arising post-inquest.
Notable Cases
Click here for news on recent notable cases.
Undercover Policing Inquiry
Lead counsel for all non-police non state core participants in the Inquiry (2021 – ongoing)
UK Covid-19 Inquiry
Represents Covid-19 Bereaved Families for Justice Cymru
Brooke House Inquiry
Acted for Medical Justice
Inquests (selection)
Hillsborough Inquest
Kirsten was instructed on the Hillsborough inquest by Birnberg Peirce and Partners, as part of a team representing family members of 74 of the 96 victims. Kirsten was led by Patrick Roche on the police planning phase of the inquest and Peter Wilcock QC on the “evidence gathering” phase relating to the alleged cover up.
Inquest into death of Terri Harris and children
Systemic failures in probation service contributed to homicide and the murder of three children
Inquest into death of Zara Allena/Inquest into death of Lisa Skidmore /Inquest into death of Conner Marshall
Inquests into homicide contributed to by multi-agency failure (probation service/police)
Inquest into death of Jackeline Oakes
Domestic violence related murder contributed to by multi-agency failures
Inquest into Shoreham Airshow crash
Instructed on behalf of families bereaved on 22 August 2015, when a Hawker Hunter participating in the Shoreham Air Show crashed onto the A27. The Senior Coroner concluded that the deceased were unlawfully killed. Instructed in the connected High Court proceedings - HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC 215 (QB)
Inquest into death of Charlie Owen (ongoing)
Self-inflicted death of serving soldier
Inquest into the death of Marine Benjamin McQueen
Sir Ernest Ryder, appointed as Judge Coroner heard the inquest into the death of Marine Benjamin McQueen at the Royal Courts of Justice. The Judge Coroner ruled that Marine McQueen died on 14 November 2018 during arduous military training for operations with an elite unit. Marine McQueen, 26, drowned during a diving training drill at Portland Harbour, Dorset.
Inquest into the death of Alex Tostevin
Self- inflicted death of member of UKSF Special Boat Service
Inquest into the death of Anne-Marie Ellement
Alleged "blue on blue" rape, army bullying in the work place, work-related despair and a relationship breakup contributed to the self-inflicted death of Anne-Marie Ellement, a Royal Military Police (RMP) soldier based at Bulford, on 9 October 2011 leading to coronial prevent future death report on MoD improving policy and training on victims of sexual violence within the military and those at risk of suicide.
Inquest into death of Claire Lilley Inquest
Inadequate communication leading to self-inflicted death of detained mental health patient
Inquests into the death of Dean George and Inquest into the death of Oliver Huxter
Multiple failures contributed to self-inflicted deaths at HMP Swansea
Janet Müller inquest
Failings contributed to death of secure mental health patient
Welsh Ambulance service inquest
Imran Douglas: self-inflicted death of a young person/Harris Review issues
Neglect contributed to death of 19-year-old Nicholas Wheller at HMYOI Aylesbury
HMP Leeds bullying related self-inflicted death could have been prevented
System failure in prison healthcare at HMP Moorland results in death of seriously ill prisoner
Anti-gun campaigner stabbed to death by mentally ill grandson: death could have been prevented
Suicide of Chinese national suspected of overstaying: narrative verdict critical of Metropolitan Police Service
Death of patient detained under Mental Health Act 1983 contributed to by neglect
Death in Oakington immigration detention centre
Positional asphyxia and restraint death at HMP Belmarsh
Clinical negligence related death of cancer patient: critical narrative
Suicide of old person in hospital setting: critical narrative
Death of person detained under Mental Health Act 1983: critical narrative and neglect verdict
Prison suicide: neglect verdict (suicide of vulnerable female prison HMP Foston Hall contributed to by neglect)
Suicide recalled prisoner: critical narrative of Prison, the Probation Service and Mental Health Inreach Team
Inquest into the death of Paul Coker
Police death in Plumstead Police Station London, "excited delirium" related death: critical narrative
Inquest into death of Nadeen Khan
Police / “excited delirium” restraint death
Inquest into the death of Kurt Howard
Restraint death in psychiatic hospital: Kurt Howard - “excited delirium”
Self-inflicted death of Darfuri asylum seeker in custody contributed to by serious failings
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Claims Against the Police and Public Authorities and Complex Civil Litigation
Overview
Kirsten has extensive experience in acting in complex civil litigation across a range of her practice areas from claims against public authorities on behalf of: children and vulnerable adults, including with mental health and learning difficulties and autism/ALN, victims of domestic violence and femicide, including failure to protect cases involving the police and national probation service. Kirsten also specialises in protester-related civil actions and high value claims arising from unlawful immigration detention.
Kirsten is recognised in Chambers and Partners as a leading junior barrister in Police Law, Claimant (Band 2). Kirsten has expertise in high value civil claims arising out of police contact involving death or serious harm. Kirsten has a particular interest in misfeasance claims against the police after being led by Peter Wilcock KC representing 76 bereaved families in the phase of the Hillsborough Inquest looking at “evidence gathering” by the police during the aftermath of the tragedy – commonly called the cover – up.
Kirsten frequently litigates complex post inquest civil claims.
“Recognised for providing skilful advocacy in civil claims involving deaths in police custody. She is also experienced in sensitive cases including false imprisonment claims, which often have a mental health aspect. “She's a fierce cross-examiner who is able to cut through to the key issues and save the waffle." "She is hard-working, dedicated, intelligent and enthusiastic. Instructed in Marcia James v Chief Constable of South Wales, a claim concerning failure to protect and investigate allegations against a man who subsequently raped and assaulted a young girl” - Chambers and Partners 2021
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Andrew Gwynne v Chief Constable of South Wales Police
Seymour Young v. Chief Constable of Warwickshire and Director of Public Prosecutions [2020] EWHC 308 (QB)
Marcia James v Chief Constable of South Wales Police
Jaqueline Oakes inquest and subsequent civil claim against West Midlands Police
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Administrative and Public Law
Overview
Kirsten specialises in human rights and equality law-related judicial review challenges across her practice areas. Kirsten is recognised as a leading junior in Legal 500 under Civil Liberties and Human Rights.
'Excellent with clients. Understands the strengths and weaknesses of a case quickly and has an excellent understanding of the law.’ (Legal 500 2021)
Notable Cases
HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC 215 (QB)
R (on the application of Lisa Vincent & Ors) v Secretary of State for Work & Pensions: R (on the application of JD, a protected party, by his father and litigation friend JM) v Secretary of State for Work & Pensions (2020)
R (on the application of Equality & Human Rights Commission) v SS for Justice & SSHD [2010] EWHC 147 (Admin) - NOMS failure to conduct equality impact assessment
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IMMIGRATION: ASYLUM AND HUMAN RIGHTS
Kirsten has experience of advising and representing applicants in the Tribunal and the Administrative Court in a wide range of immigration, asylum and deportation cases involving victims of trafficking, unaccompanied children, spouses and other family members and of advising on appeals to the Court of Appeal.
Kirsten also acts for clients in civil claims for unlawful detention in the Administrative Court and claims arising from assaults during the course of removal from the UK. She also specialises in inquests into deaths of foreign nationals both detained and non-detained. Kirsten focused on UK asylum law and practice in her LLM. Kirsten is a Fee-Paid Judge in the First – Tier Tribunal (Asylum and Immigration).
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Pro Bono Work
Kirsten undertakes pro bono work for the Bar Pro Bono unit, FRU, INQUEST and the College of Law and has helped set up a school for street children in Guatemala City.
