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Briony Ballard

CALLED TO THE BAR 2000

Junior Counsel


Police Profile

Background

 

1990 – 1995            Oxford High School for Girls
1995 – 1998            Birmingham University: Joint BSocSc (Hons) Class IIi, Economics and Politics
1998 - 1999             College of Law, London: Common Professional Exam

Queen Mother Scholar, Middle Temple
Blackstone’s Entrance Exhibitioner, Middle Temple

1999 - 2000             Bar Vocational Course at the Inns of Court School of Law, Chrystal MacMillan Prize for results in the BVC, Middle Temple

2000 - 2001             Pupillage at 3 Serjeants` Inn

2001                        Tenant at 3 Serjeants` Inn

2002                        Contributing Editor, Lloyds Law Reports Medical

2003                        Advanced International Advocacy Course

 

Email: bballard@3serjeantsinn.com



General Information

 


Directory Comments

 

Briony Ballard is recommended in police law by leading legal directory Chambers & Partners 2009.

 

'Briony Ballard is "a tremendous asset to any team," who handles civil actions, judicial reviews and disciplinary procedures. Cases for Ballard include her representation of the IPCC in the McPherson inquest, which concerned the death of a young man following contact with the Metropolitan Police.'....Chambers and Partners 2011 

 

"...a 'measured advocate' who knows 'which points to take'..." Legal 500 2010

 

' Briony Ballard's practice is also coming along well. Her caseload takes in civil claims, judicial reviews and disciplinary matters, including those involving issues of dishonesty, sexual harassment or victimisation and bullying. She is “a tough, user-friendly practitioner with excellent clarity of thought and speech.” Chambers and Partners 2010

 

Briony Ballard "clearly enjoys being in the courtroom - she is measured and knows when to take points" Legal 500 2009



Nature of Practice

 

Briony specialises in police law, for which she is recommended by leading legal directory Chambers & Partners. She has acted for a significant number of UK police forces in a wide range of areas. Briony’s experience includes civil claims  (including claims under the Protection from Harassment Act, breach of the peace, assault and false imprisonment) inquests, judicial review proceedings and misconduct proceedings.

 

Civil Actions involving the Police: Briony regularly settles claims and provides advice on civil claims to police forces.   She has appeared in a number of trials, including those involving allegations of assault and false imprisonment, race discrimination, negligence and breach of the peace cases.  Briony also has experience of wrongful imprisonment in a terrorist context post 9/11 and the Regulation of Investigatory Powers Act 2000.

 

Police Misconduct:  Briony has been retained by a number of Forces to appear on behalf of the Presenting Officer to prosecute disciplinary charges involving issues of dishonesty, sexual harrassment and victimisation / bullying.  She also has considerable experience of advising on evidence and disclosure and drafting charges.   She recently successfully presented the case for dismissal of an officer for dishonesty whilst investigating a case of historic sexual abuse.

 

Judicial Review:  Briony has advised and represented several police forces in relation to judicial review matters.  Her experience includes: challenges to decisions to charge rather than warn or reprimand a juvenile, and the hearing and progress of crack house closure orders, as well as other Administrative Court cases including appeals by way of Case Stated from Magistrates' Courts exercising jurisdiction under the Crime and Disorder Act 1998.

 

Inquests: Briony has considerable inquest experience including inquests into deaths in police custody and deaths in prison, both within normal location and the segregation unit.  She as acted on behalf of police forces, the Independent Police Complaints Commission, individual officers and Forensic Medical Examiners in coroner's inquests.

 

Applications in the magistrates' court: Briony has extensive experience acting on behalf of the police in applications for Anti-Social Behaviour Orders, Sexual Offences Prevention Orders, Risk of Sexual Harm Orders, Notification Orders, Football Banning Orders, Closure Orders and orders under the Proceeds of Crime Act 2002.  She has also acted in a number of appeals to the Crown Court and High Court concerning such applications.

Briony has also acts in appeals under the Firearms Act 1968.

 

Disclosure: Briony has frequently represented police forces in applications for disclosure, where issues of public interest immunity and / or confidentiality arise, often in the context of child abuse cases.

 

Other work: Briony has provided advice on both operational and policy matters, including the retention of photographs of missing persons and the selling of unclaimed / seized property via internet auction sites.

 

 

 



Specialist Information

 


Reported and other cases of Interest

 

 

R (on the application of Sally Scurrah)  v. (1) The Chief Constable of Humberside Police and (2) The Crown Prosecution Service [2008]: successfully resisted a challenge to the police’s decision to charge rather than warn or reprimand a juvenile pursuant to the final warning scheme.


Raissi and Raissi v. Commissioner of Police of the Metropolis [2008] EWCA Civ 1237: assisted in the defence of the Metropolitan Police Service in first post-9/11 wrongful imprisonment claim. 


Turner v. Highbury Coroner Magistrates’ Court [2006] 1 WLR 220: concerning the hearing and progress of crack house closure orders in the magistrates’ court. 


Kohanzad v. Derbyshire Police Authority [2004] EWCA Civ 1387 (Court of Appeal): concerning case management powers, in particular the power of transfer.


Millanaise v. (1) South London and Maudsley NHS Trust and (2) London Borough of Lambeth (2004): Successfully representing an NHS Trust in a claim under section 7(1) of the HRA 1998 alleging breaches of Arts 2 and 14 ECHR in the context of medical treatment.


Centre for Reproductive Medicine v. U [2002] Lloyds Rep Med 93 (Divisional Court): legality of posthumous fertility treatment.


R v. Commissioner of Police of the Metropolis, ex parte M & Leon La Rose [2001] EWHC Admin 553: concerning adequate facilities for suspect – lawyer consultations under Article 6(3) ECHR.



Clients

 


Publications

 


Lectures and Seminars

 

 

Briony has presented numerous lectures and seminars to audiences such as police forces and individual solicitors firms. Lectures she has given include:
- A half day seminar on sexual offences prevention orders
- A one day seminar on applications in the magistrates’ courts
- A half day seminar on football banning orders at the invitation of the UK Football Policing Unit at the UKFPU conference.



Related Professional Activities

 

Member of


- PNBA


- LCLCBA


- Liberty



Other Information