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Claire Watson

CALLED TO THE BAR 2001

Junior Counsel


Public & Administrative Profile

Background

 

2002  Tenant at 3 Serjeants’ Inn
2001  Called to the Bar
2000-2001 Inns of Court School of Law, BVC
1996-1999 St. Hugh’s College, Oxford University, BA Hons Jurisprudence
1989 – 1996  St. Michael’s Catholic Grammar School, London

 

Email:                       cwatson@3serjeantsinn.com

 



General Information

 


Directory Comments

 


Nature of Practice

 

Claire has a long standing public law and common law practice and acts for Police Forces, NHS Trusts, medical and dental professionals and individuals.  Claire undertakes a broad range of public law work encompassing judicial review, human rights, inquests, regulatory and professional disciplinary matters and has advised and acted in cases in involving confidentiality, data protection principles, the Regulation of Investigatory Powers Act 2000 and the Freedom of Information Act 2000.

 

Human Rights
Claire has advised on and acted in cases raising a broad range of human rights issues affecting Police Forces, NHS Trusts, Local Authorities and medical and dental professionals.  In particular Claire has advised on the human rights implications of certain policing strategies, the application of Article 6 in internal disciplinary hearings and the impact of Article 8 in Closure Order applications under the Anti-Social Behaviour Act 2003. 

 

Information Law
Claire also provides advice on the effects of the Data Protection Act 1998, the Freedom of Information Act 2000 and the Regulation of Investigatory Powers Act 2000.  She has appeared before the Information Tribunal in appeals under the Freedom of Information Act, in claims under the Data Protection Act and has represented Police Forces, Primary Care Trusts and NHS Trusts in applications for disclosure where issues of public interest immunity and/or confidentiality arise. 

 

Inquests
Claire has wide experience of representing families, Police Forces, NHS Trusts and other statutory bodies at inquests throughout the country.  Inquests in which she has acted include a number of lengthy inquests held under Article 2, investigating deaths in police or prison custody and deaths of detained patients in psychiatric hospitals.

 

Judicial review
Claire has advised and represented the police service and Medical Defence Organisations in relation to judicial review matters. Her experience includes acting on behalf of the Metropolitan Police in Commissioner of Police of the Metropolis v Hooper [2005] EWHC 340 and R (Cleary) v Highbury Magistrates’ Court, the Commissioner of Police of the Metropolis and the Secretary of State for the Home Department [2006] and (with Christopher Johnston) on behalf of the National Crime Squad in ex p Tucker, a landmark judicial review case about the returning of an officer to his home force. 

 

Medical Ethics and Treatment Decisions
Claire has a growing Court of Protection practice, appearing in medical treatment and welfare cases involving adults and children.  Claire receives instructions from NHS Trusts and private hospitals in best interests cases and has recently appeared in an application to withhold treatment from an incapable adult and an emergency application to withhold treatment from a child.  Claire is one of the co-authors of MTDL.

Claire has also appears on behalf of clinicians in family proceedings and has recently advised and acted on behalf of a doctor granted intervener status in care proceedings in the Family Division of the High Court (A Local Authority v (1) A (2) B (3) C (4) D [2011] EWHC 231 (fam)).



Specialist Information

 


Reported and other cases of Interest

 

A Local Authority v (1) A (2) B (3) C (4) D [2011] EWHC 231 (fam) advising and appearing on behalf of a Consultant Paediatrician in care proceedings in the Family Division of the High Court in which allegations of child abuse were investigated.

Inquest touching the death of Paul Coker [2010] represented the Metropolitan Police in a high profile Article 2 inquiry into a death in police custody.

Inquest touching the death of Simon Allen [2009] represented a doctor in an Article 2 inquest into the death of an inmate with mental health problems on a prison healthcare wing. 
R v Jeffrey [2008] Appeared on behalf of a Primary Care Trust in the Crown Court following the issue of a summons directing disclosure of the medical records of a victim of rape and sexual assault. 
Rabess v the Commissioner of Police of the Metropolis [2007] EWHC 208 (Admin) Appeal to the Administrative Court in an ASBO case. 
Inquest touching the death of Stephen Lee [2007] represented three police doctors in an Article 2 inquest into the death of Mr Lee who died from vertebral artery dissection. 
A Borough Council v (1) A (2) B (3) C, D & E (Children by their Guardian) & Chief Constable of Thames Valley Police [2006] Guidance on disclosure and use of information and documents disclosed to police by a local authority. 
Hemsley v (1) The Information Commissioner (2) The Chief Constable of Northamptonshire Police [2006]  Appeal against police refusal of request for information under the Freedom of Information Act 2000.
R (Cleary) v Highbury Magistrates’ Court, the Commissioner of Police of the Metropolis and the Secretary of State for the Home Department [2006] Guidance given in closure of crack house procedure
GMC v Reid [2006] Led by Adrian Hopkins QC Claire represented noted gender expert Dr. Russell Reid at the GMC.
Metropolitan Police v Hooper [2005] EWHC 340 (Admin) Magistrates’ power to adjourn an application by police for a closure order under section 2 of the Anti-Social Behaviour Act 2003: Classification of proceedings - civil or criminal.
R v Director-General of the National Crime Squad, ex Parte Tucker [2003] ICR 599 (Court of Appeal) Termination of secondment to National Crime Squad: whether amenable to judicial review; extent to which fairness required that reasons should be given.

 

Court of Protection/Inherent Jurisdiction:
• Re M [2011] Representing the PCT at a review hearing in a landmark case concerning an application to withdraw artificial nutrition and hydration from a clinically stable patient in a minimally conscious state.  Bridget Dolan appeared for the PCT at the final hearing of this application, which was heard in open court. 
• Re A Child [2011] Appearing on behalf of a hospital trust in an application to withhold life-sustaining treatment from a child, who suffered from a congenital life-limiting condition. 
• Appearing on behalf of a General Practitioner in care proceedings in the County Court.  The GP faced allegations made by the parents that excessive force was used during the examination of a baby causing the injuries under investigation.  The allegations were considered to be unfounded following cross-examination of the first expert witness and the GP was released from the proceedings at the end of the first day of the hearing.
• Re An Adult Patient [2011] Appearing on behalf of a PCT at a hearing concerning the capacity of an adult patient to determine his care needs.   
• Re A Child [2011] Representing an NHS Trust in an emergency application to permit clinicians not to attempt resuscitation of a child, who had just moved into the Trust’s catchment area, in the event of a cardio-respiratory arrest.
• Re An Adult Patient [2010] Representing a private hospital and NHS Trust in an application concerning a DNAR order in respect of an incapable young adult with an acquired brain injury. 



Clients

 


Publications

 

Claire is the author of Chapter 2 “Consent – Adults” in the second edition of Medical Treatment Decisions and the Law, which was written by a team of authors at 3 Serjeants' Inn and edited by Christopher Johnston QC (Bloomsbury Professional 2010).

 



Lectures and Seminars

 

Claire has presented seminars to a number of forces around the country and to the Independent Police Complaints Commission. Seminars in which she has been involved include:


- A half day seminar on “containment”
- A two day seminar on “contract killing”
- A half day seminar on the Data Protection Act, Police and Criminal Evidence Act and the Regulation of Investigatory Powers Act



Related Professional Activities

 

Member of:
- Professional Negligence Bar Association
- London Common Law and Commercial Bar Association
- Association of Regulatory and Disciplinary Lawyers



Other Information