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Since joining 3 Serjeants’ Inn a large amount of James’ practice has involved advising and representing Chief Constables across the country in the full range police related litigation. James delivers lectures and training to the police service.
Civil Actions Against the Police
Representing Chief Constables across the range of civil actions brought against the police, including malicious prosecution, misfeasance in public office, wrongful arrest/search, damage to property, discrimination (of any kind), negligence and breach of Convention Rights.
Harrold v Wiltshire Police and IPCC (2009). - Striking out claim of negligence, racial discrimination and victimisation against the police for the manner in which they had conducted an investigation into an alleged assault on the Claimant’s daughter.
Darke v Thames Valley Police (2010). - Striking out a claim for malicious prosecution.
Advising on a claim in negligence and malicious prosecution and misfeasance in public office arising out of a quashed robbery conviction.
Addams & Ors v Gloucester Police - Defending (with John Beggs QC) over 100 claims for compensation for false imprisonment and breach of Articles 10 and 11 arising out of the Laporte litigation
Civil Applications
James has built up a significant experience of police civil applications including: ASBOs, DBOs, RSHOs, SOPOs, Notification and Foreign Travel Orders, VOOs, Closure Orders (‘Crack House’ and ASB), Forced Marriage Protection Orders, Football Banning Orders and Cash Seizure under POCA. James appears both at the first instance in the Magistrates’ Court and the County Court, on appeal to the Crown Court and the Divisional Court and in associated Judicial Review proceedings.
Recent experience:
Cambridgeshire Police v Lunn (2009) - Appeal against a RSHO where all but one of the incidents related to historic allegations in the early 1990s of sexual abuse by the appellant of his prep school ‘cello students. The Crown Court found all allegations proved (where the Magistrates’ Court had not), made a RSHO for the duration of appellant’s life and awarded the police its full costs.
Shafique (2010) - Representing Bedfordshire Police in a long-running Forced Marriage Protection Order application involving hearings in the High Court (Family Division) and the Luton County Court.
Covert Surveillance and Interception of Communications
Advising Chief Constables on the application of the powers under the Regulation of Investigatory Powers Act 2000 and related legislation, both in the operational context and in relation to civil claims against the police.
Recent experience:
Advising a police force on the use of its powers under RIPA for anti-corruption and misconduct investigations including online surveillance.
Disclosure and Information Law
Representing Chief Constables in the High Court and the County Court on applications to withhold disclosure of statements and police documents for reasons including (or) Public Interest Immunity and risk to members of the public.
Recent experience:
Seeking an order in the High Court (Family Division) not to disclose police documents (due to) on account of risk of harm to the victim in connection with a Forced Marriage Protection Order application.
Representing Lincolnshire Police in an application for non-party disclosure in civil proceedings.
Advising a Chief Constable on Data protection Act 1998 and Freedom of Information Act 2000 obligations and penalties.
Human Rights
James has experience of advising on claims under the Human Rights Act 1998 and the application of the HRA to other areas of his practice. He has particular experience of advising on the effect of Articles 2, 6, 8 and 10.
Inquest and Inquiries
Representing Chief Constables at inquests throughout the country including jury inquests and Article 2 inquests.
Judicial Review
Representing police forces in judicial review proceedings.
Recent experience:
The Queen (on the application of Iqbal) v Luton & South Bedfordshire Magistrates' Court (2011) successfully defending the judicial review of a Magistrates' Court's decision to authorise police detention of seized cash under the POCA. Important guidance on the time limits for seizure given.
Resisting a claim for judicial review of the Chief Constable's decision not to extend sick pay beyond 12 months where the officer retired on grounds of ill health.
Advising (with John Beggs QC) on judicial review of a Police Appeal Tribunal decision to quash a sanction of requirement to resign against an officer who had admitted dishonesty.
Advising (with John Beggs QC) on judicial review challenging the legality of a search warrant.
Operational Advice
James offers legal and tactical advice relating to operational policing including the application of legislation, case law and guidance and is comfortable with sensitive and restricted material.
Acting as legal advisor to the Silver Commander in a major public order operation, policing a large scale demonstration.
Police Discipline
James represents Chief Constables at misconduct hearings under the Police (Conduct) Regulations 2008 and on appeal to the Police Appeal Tribunal. He also has experience of advising on whether complaints against police are 'recordable' and whether referral to the IPCC is necessary. James has advised on aspects of ongoing disciplinary investigations including on matters of surveillance, human rights and disclosure obligations in relation to subsequent criminal proceedings.
Recent experience:
Representing the Chief Constables of Thames Valley Police in proceedings concerning a Special Constable who failed to prevent and/or report a theft which occurred while he was off duty.
Shotgun and Firearms Licensing
Representing Chief Constables in shotgun and firearms licensing appeal hearings in the Crown Court.
Recent experience:
Representing Northamptonshire Police in a Shotgun Appeal where the former licence holder had allegedly assaulted his partner's child and suffered depression.
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