Lucinda graduated from the University of Leicester with a First Class honours degree in Law with French Law and French Language. She was awarded the Bedingfield Scholarship by Gray’s Inn in 2001 and was called to the Bar by Gray’s Inn in October 2002.

Lucinda accepted tenancy at 5 Essex Court in 2003 and was appointed to the Attorney-General’s “C” Panel of Junior Counsel to the Crown in 2007.

In July 2010 Lucinda was appointed to sit as a Deputy District Judge (Civil) on the South Eastern Circuit.

Police Law:

Lucinda has extensive experience of acting on behalf of the police in civil actions (assault, false imprisonment, malicious prosecution, misfeasance and discrimination), police misconduct proceedings, inquests and claims for judicial review. Lucinda has been instructed in a number of civil jury actions. Lucinda also has particular interest and expertise in advising the police on operational and policy matters.

Lucinda acts on behalf of the Independent Police Complaints Commission in civil claims and claims for judicial review.

Lucinda has advised, and appeared on behalf of, the Serious Organised Crime Agency in various matters relating to its covert operational functions, its Article 2 ECHR obligations and sensitive matters arising from its duty as a protection provider, including as to the procedure for intervening in civil proceedings which risk compromising a protected person’s assumed identity.

Recent Police Civil Cases:

Wright v Chief Constable of Devon and Cornwall Constabulary & Mitchell & Friggens
Instructed for the three defendants in this claim for damages for false imprisonment, battery, malicious prosecution and breach of Articles 3 and 14 ECHR.

Lyonette v Commissioner of Police of the Emohare v Commissioner of Police of the Metropolis
Instructed for the Defendant in this claim for damages for false imprisonment, battery and malicious prosecution.

Taylor v Commissioner of Police of the Metropolis
Instructed for the defendant in this claim for damages for false imprisonment, battery and malicious prosecution .

Harrold v Chief Constable of Wiltshire Constabulary & Independent Police Complaints Commission
Lucinda was instructed on behalf of the IPCC in this claim for damages in respect of an alleged breach of statutory duty to investigate and race discrimination.

Public/Administrative Law

Lucinda undertakes all areas of public law work, including immigration and asylum, prison law, human rights, discrimination claims against public authorities, claims against the Parole Board, care standards appeals and inquests. Lucinda is regularly instructed in claims for judicial review in immigration and asylum law, prison law and claims involving the police (in particular challenges to the outcome of complaints against police).

Recent Public / Administrative Law Cases:

R (D) v Independent Police Complaints Commission & DC Fraser LTL 24/5/2011 EXTEMPORE

Instructed for the IPCC in this challenge to the decision of the IPCC not to recommend the institution of misconduct proceedings against a police officer. The Court upheld the IPCC’s conclusion that the officer had no case to answer in relation to honesty and integrity but wrong not to find a realistic prospect that a police misconduct panel would find that she failed to perform her duties conscientiously and diligently. The Court declined to quash the Commission’s decision, however, because the substantial lapse of time (over 5 years) meant that it would not be appropriate for the officer to be faced with the possibility of misconduct proceedings.

R (Coker) v Independent Police Complaints Commission [2010] EWHC 3625 (Admin)
Instructed for the IPCC. The Administrative Court found that the IPCC was not functus officio after it had recommended that a police officer should receive a written warning, and was therefore entitled to revise its recommendations upon receipt of further representations, and the fact that it made a recommendation that was contrary to a view that it initially formed was neither ultra vires nor irrational.

Claims arising from the loss of an unencrypted data stick by a contractor of the Home Office
Instructed in the numerous claims arising from the loss of an unencrypted data stick which held the details of some 85000 prisoners in England and Wales. The claims raised issues relating to data protection, breach of contract, breach of confidentiality, misuse of private information and the scope of Article 8 in the context of the use, and loss, of private information.

Seal v United Kingdom - European Court of Human Rights 2010
Instructed as junior counsel for the UK. The issue was whether the requirement to obtain the leave of the High Court under section 139(2) of the Mental Health Act 1983 before commencing civil proceedings is compatible with articles 6 and 14 of the ECHR.

Gichura v Home Office & anor [2008] 1 ICR 1287, [2008] EWCA Civ 697 - Court of Appeal
Junior counsel for the Home Office. The Court of Appeal held that there was no reason to exclude services provided to a person held in an immigration removal centre from the ambit of the Disability Discrimination Act 1995.

Asylum and Human Rights appeal of Afghan hijackers and their family members
Instructed as Junior Counsel for the SSHD in the appeals of the men who hijacked an aeroplane in February 2000 in order to leave Afghanistan, and landed the aeroplane at Stansted airport.

R (Rahman) v Birmingham City Council & Secretary of State for the Home Department
Instructed for the SSHD. C, an asylum seeker, challenged D1’s age assessment and D2’s reliance on that assessment and D2’s decision to detain him for removal to Afghanistan.

R (Alawneh) v Secretary of State for the Home Department
Instructed for the SSHD in this challenge to the refusal to issue C with a Family Member’s Residence Stamp on the basis that C had not established a right of residence under the Immigration (European Economic Area) Regulations 2006.

R (Moses) v Secretary of State for the Home Department
Instructed for the SSHD. A Sri Lankan national challenged the Home Secretary’s refusal to treat his further representations relating to the deterioration in the country situation and his suspected involvement with the ‘Tamil Tigers’ as a fresh claim.

Beko v Crown Prosecution Service
Civil claim for damages for malicious prosecution against the CPS.

A v The Home Office
Instructed for the Home Office in this claim for damages, including aggravated and exemplary damages, for false imprisonment and breaches of Articles 5 and 8 of the ECHR in respect of 18 months’ immigration detention pending deportation.

Major v The Home Office
Instructed for the Home Office in this claim for damages for false imprisonment and breach of Articles 3, 5, 8 ECHR. C was detained for 2 months whilst the defendant considered whether an exception to automatic deportation applied.

Inquests:

Lucinda has extensive inquest experience, including many inquests involving serious allegations of lack of care and system failure.

Recent Inquests:

Inquest into the death of Vijay Sharma
Instructed for the Ministry of Justice (National Offender Management Service). Mr Sharma died from complications arising from a perforated ulcer whilst a serving prisoner.
Inquest into the death of Hui Ki-Yang
Instructed for the Ministry of Justice (NOMS). Mr Ki-Yang hanged himself in his cell at HMP Bullingdon.
Inquest into the death of Paul Honey
Instructed for the Chief Constable of Devon and Cornwall Constabulary. Mr Honey died when he fell from a railway bridge following contact with police.
Inquest into the death of Jianping Liu
Instructed for the Commissioner of Police of the Metropolis. Miss Liu died when she fell from a bridge at Heathrow airport after she had been released from police detention;
Inquest into the death of Oliver Brown
Instructed for the Ministry of Justice (NOMS). Mr Brown hanged himself in his cell at HM Prison Wandsworth
Inquest into the death of Charlotte Shaw
Instructed for the Ministry of Defence. Miss Shaw died when she fell into a river whilst training for the Ten Tors challenge on Dartmoor.
Inquest into the death of PC Toms
Instructed for the Commissioner of Police of the Metropolis. PC Toms was the backseat passenger in an armed response vehicle, which was in pursuit of another vehicle. The two vehicles collided and PC Toms died when he was expelled from the rear door of the police vehicle.
Inquest into the death of Brian Elton
Counsel for the Commissioner of Police of the Metropolis. Mr Elton died when he was struck down by a police car responding to an emergency call.
Inquest into the death of Faisal Al-Ani
Instructed for the IPCC. Mr Al-Ani died in police detention following an extensive period of restraint by police officers.
Inquest into the death of Ian Snelling
Instructed for the Chief Constable of Suffolk Police. Mr Snelling died in a police cell following a massive overdose of prescription drugs.

Personal Injury:

Lucinda is instructed in all aspects of personal injury work, including employer’s liability, occupier’s liability, fatal accident claims, road traffic accidents, and quantum assessment.

Recent Personal Injury Cases:

Wood v Ministry of Defence – Court of Appeal

Instructed as Junior Counsel for the MOD in this high value claim arising from the Claimant’s exposure to solvents whilst working as a painter and finisher for the RAF. Lucinda is also instructed in the linked case of Baker v Ministry of Defence.

White v Ministry of Defence and Department for Communities and Local Government

Instructed for both Defendants in this High Court action for damages. C claimed damages in respect of pleural effusion that he claimed had resulted from exposure to asbestos.

Lloyd-Taylor v London Probation Trust

Instructed for the Defendant in this claim for damages for negligence and breach of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health and Safety at Work Regulations 1999. C fell down stairs at her workplace and claims that the staircase was defective.

Lectures:

Lucinda provides CPD lectures on all aspects of her practice.

Education:

Nottingham Law School, BVC, 2001-2002

University of Leicester, Law with French Law and French Language (First class) 1997-2001

University of Strasbourg, Diploma in French Legal Studies, 1999-2000