Sarah Hemingway regularly represents claimants in civil jury trials, including multi-handed and multi-claim cases, often involving false imprisonment, assault and malicious prosecution. She appears at the county courts, high courts and Court of Appeal.
Claims Against the Police and Public Authorities
Overview
A major part of Sarah's practice involves civil claims against public bodies, with a particular focus on actions against the police. She is experienced in jury trials involving false imprisonment, assault, malicious prosecution and other torts and regularly advises on similar claims.
Sarah also has experience of round-table negation and mediation in police cases and recently helped to settle a race discrimination claim against Kent police for £50,000 plus an extensive written apology. In the case of Alford v CC Cambridgeshire Police she was junior counsel to a serving police officer who brought a claim against a neighbouring police service for false imprisonment and malicious prosecution.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Erinle v CC Merseyside Police
Sarah secured damages for a man assaulted by police in the course of an arrest then maliciously prosecuted for assault PC.
Pannell v Chief Constable of Surrey Police
Sarah was junior counsel in a team that managed to secure £40,000 for the victim of an assault by a police officer.
Deakin v Chief Constable of Merseyside Police
Sarah secured substantial damages for a man falsely imprisoned, assaulted and maliciously prosecuted for affray.
Stanford v Chief Constable of Merseyside Police
Successfully represented a claimant in relation to a case involving an arrest for breach of the peace in a domestic setting.
Hayes v Chief Constable of Merseyside Police [2012] 1 WLR 517
Sarah was junior counsel before the Court of Appeal case clarifying the application of the "necessity of arrest" requirement.
Marper v UK
Sarah worked on this case as a pupil, wherein the ECtHR unanimously held that the blanket retention of DNA breached Article 8.
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Inquests and Inquiries
Sarah's inquest work includes deaths in custody, deaths occurring soon after contact with police and health authorities, and deaths at work or those involving prospective prosecutions by the Health and Safety Executive. Civil claims in negligence or Article 2 claims following the inquest procedure are growing areas of practice.
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Prisoners’ Rights
Sarah is regularly instructed in prisoner adjudications and parole board applications, providing written representations and advocacy at oral hearings. She also advises on potential challenges to recall, prisoner complaints and other civil actions or human rights claims brought by prisoners.
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Administrative and Public Law
Judicial Review
Sarah mainly advises on judicial reviews arising from the criminal justice system such as the decisions of the Parole Board, the Independent Police Complaints Commission, magistrates, the Criminal Cases Review Commission and CICA. She has represented both prisoners and victims of crime in their applications before the High Court and is currently acting in a number of challenges against the IPCC. A growing area of work involves challenging decisions to detain within the immigration context.
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Criminal Defence
Overview
Criminal work makes up a significant part of Sarah's practice involving crown court trials, appeals and cases stated to the High Court.
Notable Cases
R v Abad Siddique and ors [2010]
Led junior for the main defendant in a prosecution arising from "Operation Retriever" where the charges included rapes, several false imprisonments and sexual assaults against a number of complainants.
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Protest Rights
Sarah has substantial experience in the area of protest cases, such as those arising out of "Climate Camp and other environmental campaigns, including sentencing of the 49 Stansted protesters ("Plane Stupid") case. She continues to represent people in cases where there is a potential civil claim arising out of police acts or omissions and in ASBO applications.
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International Human Rights
Sarah works internationally as a human rights expert for the Council of Europe training police in developing countries (completing missions in Georgia, Albania, Azerbaijan, Russia) and has represented Northern Ireland at international seminars held in Paris and Strasbourg.
In June 2011 and March 2012 she was involved in the training of senior UK police officers in human rights and public order.
In 2010 she was an international legal observer of an employment trial in Turkey for the International Centre for Trade Union Rights. And her report assisted in speeding up victory for the unfairly dismissed employees.
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Pro Bono Work
Sarah continues to work for the Asylum Support Appeals Project, which provides free representation for failed asylum seekers needing financial support and housing. She also works for the organisation Bail for Immigration Detainees (BID) providing free representation at bail hearings in the AIT.
