Contact Us

5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk

Practice Areas

Police Law

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Public-Administrative Law

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Employment Law

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Personal Injury Law

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Licensing Law

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Inquests

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Public Inquiries

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Other Specialisms



 

Russell Fortt

YEAR OF CALL 1999

Ranked in Chambers and Partners as a police law specialist in which he has in current and past editions been described as ‘tireless and dedicated ’ and as having 'excellent paperwork and breadth of experience'.

"always well prepared" (Police Law) – Chambers UK 2012

Russell is Junior Counsel to The Crown (Common Law – C Panel), appointed in 2005.

Background:

Russell came to the Bar after a career in the Civil Service where he worked as a Fraud Inspector. He did his degree at Southampton Institute and graduated with First Class Honours where he was awarded the Sweet and Maxwell Prize, the Cavendish Publishing Prize, the Paris, Smith & Randall Prize, the Blake Lapthorn Prize and the Advocacy Cup. He sat his BVC at the Inns of Court School of Law where he was graded as ‘Outstanding’ in both Civil Litigation and Evidence and Criminal Litigation and Evidence. He was called to the Bar by Inner Temple in 1999. Before commencing pupillage he worked in the litigation department for Mishcon de Reya Solicitors working primarily on banking/shipping fraud cases and also on international constructions law disputes for an international arbitration consultancy.

He accepted tenancy at 5 Essex Court in 2001 and was appointed to the Attorney-General’s “C” Panel of Junior Counsel to the Crown in 2005.,

Police Law:

Russell is ranked in Chambers and Partners Directory as a police law specialist and has represented most of the police forces in England and Wales in all aspects of civil law, including assault, false imprisonment and malicious prosecution, misfeasance, disclosure, Data Protection and Freedom of Information Act issues and judicial review actions. He has a very considerable inquest practice, including lengthy and complex cases involving deaths in custody and firearms operations. He also has extensive experience of advisory work on all aspects of police powers including both policy and operational issues. He has also represented the Presenting Officer in numerous police disciplinary proceedings and acted as legal advisor to panels at misconduct hearings.

He has considerable experience in forfeiture proceedings under the Proceeds of Crime Act 2002 and specialises in the more complex and sensitive applications and particularly those with a terrorist dimension. He also has experience of Football Banning Orders, Anti-Social Behaviour and Sexual Prevention Orders and Closure Orders.

Russell has lectured extensively to police forces and solicitors, most recently on the following topics: Proceeds of Crime Act; Football Banning Orders; Hunting Act 2005; Police Disciplinary Tribunals and judicial review actions.

Recent Police Law cases:

R (on the application of Perinpanathan) v City of Westminster Magistrates’ Court and the Commissioner of Police of the Metropolis [2010] EWCA Civ 40

Acted for the Commissioner in both the Divisional Court [2009] EWHC 762 (Admin) and in the Court of Appeal in the leading case on the application of costs principles to police proceedings in the Magistrates’ Court. Successfully argued that the principles which were applicable in licensing cases as set out in City of Bradford MDC v Booth [2000] were of equal application to forfeiture proceedings under the Proceeds of Crime Act 2002.

Brogan v (1) South Yorkshire Police (2) Department for Work and Pensions (3) HM Customs & Excise [2008] EWHC 1040 Admin

Acted for the Department for Work and Pensions in a judicial review application relating to the lawfulness of a search carried out by fraud investigators from the DWP, Customs & Excise and police officers. Successfully argued that even if the police warrant was invalid, the existence of independent powers of entry meant that there was no trespass.

Howlett v HM Coroner for Devon & Others [2006] EWHC 2570

Instructed by Wiltshire Constabulary in a successful appeal under s.13 of the Corner's act quashing the original inquest and obtaining an order for a new inquest. Concerned the death of Rachel Whitear, a heroin addict whose parents released the photograph of her dead body to the media and used it as part of a high profile national campaign against drug abuse.

Re Wardle (Deceased) (2006)

Acted for a police force in a five week inquest concerning the death of a member of the Royal Navy who shot himself whilst surrounded by armed police.

Brooks v Commissioner of Police for Metropolis, HoL, [2005] 1 WLR 1495

Instructed as research junior in the leading House of Lords case on the duty of care in police investigations.

R (on the application of M) v Bow Street Magistrates Court, Times, July 21, 2005

Instructed to represent the Commissioner of the Metropolitan Police in a judicial review application of terrorist cash forfeiture proceedings. Successfully argued that application was premature.

Public / Administrative Law:

Russell acts for many Government Departments and agencies in judicial review and civil actions. His areas of work include prison law, immigration and asylum, human rights, inquests and public inquiries.

Recent Public/Administrative Law cases:

Bryant (deceased) (2010)

Instructed to represent the Parole Board at a lengthy and high profile inquest into the death of a woman who was murdered by a former prisoner who had been released on licence from a discretionary life sentence.

The Billy Wright Inquiry (2007 to present)

Instructed by the Crown Solicitor’s Officer of Northern Ireland as part of team of counsel representing a large number of individual prison officers and governors, including the former governor of the Maze prison in a long running inquiry into the death of the LVF leader who was murdered by Republican terrorists in the Maze in 1997. Also separately instructed by the Ministry of Defence to represent a senior army officer at the inquiry.

AB (Turkey) v Secretary of State for the Home Department [2007] EWCA Civ 1535

Successful appeal to the Court of Appeal from the AIT in a case concerning the alleged bias of the Adjudicator and the Adjudicator's failure to provide a fair hearing.

Employment Law:

Russell has been instructed by claimants and defendants in employment cases including unfair dismissal claims, discrimination and TUPE.

Licensing Law:

Russell undertakes review and appeal hearings in licensing matters for police forces.

Personal Injury:

Russell is instructed for both claimants and defendants in all aspects of personal injury including asbestos claims, employer's liability, road traffic accidents, occupier's liability, Highways Act claims and fatal accidents.

Lectures:

Russell provides CPD accredited lectures to solicitors on all aspects of his practice. He has lectured extensively to police forces and solicitors, most recently on the following topics: Proceeds of Crime Act; Football Banning Orders; Hunting Act 2005; Police Disciplinary Tribunals and judicial review actions.

Education:

Inns of Court School of Law, 1998-99

Southampton Institute 1995-8

Clayesmore School 1976-84

Interests:

Rugby