Malicious prosecution, misfeasance in public office and damages after Rees

The speakers will be talking about the torts of malicious prosecution and misfeasance in public office, and how to use those effectively in claims against the police and other public authorities.

In particular, there will be consideration of how to prove who is the prosecutor for the purposes of the tort, of what constitutes proof of malice and/ or bad faith and issues around loss and damage, and the increasing importance of misfeasance in public office in the light of cases conducted by members of Garden Court Chambers. 
 

Recording

Speakers

Fatima Jichi, Garden Court Chambers (Chair)
Fatima has a broad public law and civil liberties practice, with a focus on state accountability. She represents Claimants in claims against the police and public authorities, including false imprisonment, assault, malicious prosecution, misfeasance in public office and claims under the Human Rights Act 1998 and the Equality Act 2010. Fatima also acts for bereaved families in inquests and inquiries.

Fatima is a founding member and Director of Black Protest Legal Support (BPLS), who support protesters and activists in the Black Lives Matter and anti-racist movements and is part of the group’s strategic litigation team. She represents protesters in actions against the police arising from incidents of unlawful arrest, false imprisonment and assault during protests. She is also a volunteer Legal Observer and regularly provides legal updates to volunteers as well as contributing to drafting bust cards explaining protesters’ rights.

Stephen Simblet QC, Garden Court Chambers
Stephen's practice focuses on individual rights in four discrete areas. These are civil claims against the police and public authorities; inquests; mental health and Court of Protection; public law/judicial review. He was one of the lead advocates representing bereaved families in the Hillsborough Inquests and has appeared as advocate in a number of public inquiries.

Stephen specialises in claims for false imprisonment, assault, malicious prosecution and misfeasance in public office against the police, prison authorities and psychiatric hospitals.  Stephen is highly experienced in trials in this area, conducts many High Court and County Court trials in these types of claim every year, and advises in countless others that settle on favourable terms. He has appeared in many of the leading appellate decisions in this area. He is one of the most experienced lawyers in the country in this sort of litigation and is ranked highly in the Chambers UK Bar Guide in this area. 

Stephen was involved in some of the first damages claims under the Human Rights Act 1998. He was the lead advocate in a case before the European Court of Human Rights concerning forcible entry by the police, in a decision important enough to be reported in the European Human Rights Reports. He represented one of the successful claimants in Rees, both in the lengthy High Court trial, in the appeal and on the trial of damages. Stephen’s legal knowledge and skill at pleading meant he was commissioned to write the section on Malicious Prosecution for the latest edition of Atkin’s Court Forms.

Una Morris, Garden Court Chambers
Una Morris is a leading civil liberties, human rights and public law practitioner with a diverse practice including civil claims for damages, inquests and inquiries and judicial review. Una co-convenes the Civil Liberties Team. She is Public Access qualified. Una’s significant expertise extends across a range of different areas, including claims against the police and public authorities, inquests, inquiries, public law, abuse claims, data and privacy, protest rights, youth justice and child rights, prisoners’ rights and discrimination.

Una has wide-ranging experience in advising and representing claimants in civil claims for damages. She has expertise across the full spectrum of torts, claims under the Human Rights Act 1998 and breaches of other statutory duties. Una has a substantial paperwork practice, regularly negotiates or advises on settlements on behalf of claimants and she has appeared for claimants in cases tried by judge alone, in civil jury trials and in a number of appeals. Her experience in this area includes claims against the police, claims against other detaining authorities, including prisons and immigration authorities, claims involving probation, claims against local authorities, claims involving healthcare and other state bodies.

Michael Etienne, Garden Court Chambers
Michael has a broad public law and human rights practice encompassing actions against the state in various forms but with a focus on cases involving detaining authorities, particularly police forces and prisons. He is frequently instructed on cases that give rise to issues of systemic discrimination, whether in the detention context or in his education law work. Michael has a particular focus on actions against the police and other detaining authorities in all of their forms; especially claims involving alleged breaches of the Human Rights Act 1998 and the Equality Act 2010. With that in mind, he has been an active member of the Police Action Lawyers Group (PALG) for several years.

He takes an active interest in issues of diversity and inclusion in the legal profession. As such, he is a member of the Steering Committees for the Black Barristers Network, the Black Men in Law Network and the recently launched “Bridging the Bar”. He won the 'Future Leader: Diversity and Inclusion' Award in the Chambers Awards 2020 and was shortlisted in the 'Young Pro Bono Barrister of the Year' category in the Advocate Pro Bono Awards 2020.