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Briony Ballard

CALLED TO THE BAR 2000

Junior Counsel


Public & Administrative 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.  She is also recommended in Clinical Negligence and Healthcare by the Legal 500.

 

"...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

 

Human Rights and Information Law
Briony has a keen interest in human rights matters. She has advised and represented several police forces and NHS Trusts on a variety of issues including: the legality of posthumous fertility treatment involving consideration of rights under Arts 8 and 12, lawyer consultations under Art 6(3), alleged breaches of Arts 2 and 14 in the context of medical treatment, inquests pursuant to Art 2, terrorist related matters, the Regulation of Investigatory Powers Act 2000, and the potential infringement of Art 8 and the Data Protection Act 1998 in the context of missing person enquiries and criminal record bureau disclosures. She is also a member of Liberty.


Inquests
Briony has a wealth of inquest experience. She has acted for families, NHS Trusts / PCTs, individual clinicians and police officers, police forces, and the Independent Police Complaints Commission. She has been instrumental in obtaining a number of neglect verdicts for families, including following the loss of a child. She has also been involved in representing other interested persons in a wide variety of issues including deaths from surgery, deaths of psychiatric patients, deaths in police custody, deaths in prisons (both within normal location and the segregation unit), neonatal deaths and deaths following infective processes such as c-diff and MRSA. In March and April 2009 she was jointly instructed on behalf of two NHS Trusts at an inquest into the deaths of 10 elderly patients, heard in one hearing at Portsmouth Combined Court, whose deaths were suspected of having been unnecessarily hastened by the giving of inappropriate doses of strong opiates (‘The Gosport Inquest’).


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.


Briony has also represented Trusts in relation to judicial review proceedings following inquests.

 



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

 
PNBA
LCLCBA
Liberty

Other Information