Francesca Whitelaw is an advocate with “commendable charm and good humour” Court of Appeal in Pryor v Chief Constable of Greater Manchester [2011] EWCA Civ 749

Background:

Francesca read English Literature at St John’s College, Cambridge. She converted to law and took the BVC at ICSL before undertaking an MA in Law at City University. She was called to the Bar by Inner Temple in July 2003 and accepted tenancy at 5 Essex Court in 2005.

Police Law:

Francesca advises and represents police forces across the country in all areas of police civil law including judicial review, inquests, civil actions for false imprisonment, assault, malicious prosecution, misfeasance, and negligence. She also advises forces on all aspects of operational and policy matters, including matters of disclosure, and on sensitive issues involving covert operations and the use of surveillance under the Regulation of Investigatory Powers Act 2000.

Francesca has extensive experience of police disciplinary matters. She has delivered NPIA-approved training to police forces on all aspects of the Police (Conduct) Regulations 2008 and the Police (Performance) Regulations 2008 and she regularly advises and represents police forces at misconduct hearings, including the Police Appeals Tribunal. Recent cases include those involving the discharge of firearms, computer misuse, sexual harassment and assault.

Recent Police Law cases:

Shorthall v Commissioner of Police for the Metropolis [2011]

Claim against the Police for damages including aggravated and exemplary damages for wrongful arrest and false imprisonment.

Pryor v Chief Constable of Greater Manchester [2011] EWCA Civ 749

Appeal to the Court of Appeal concerning the meaning of ‘relevant certificate of insurance’ within s.165 (2)(a) of the Road Traffic Act 1988 and the circumstances in which police may seize a vehicle pursuant to s.165A of the that Act.

Re police disciplinary proceedings (2011): disciplinary proceedings against an officer who had discharged a firearm.

Commissioner of Police for the Metropolis v Waheed Zaman and Abdul Patel [2011]

Civil proceedings under the Anti-Terrorism, Crime and Security Act 2001 brought against the Respondents who were convicted of terrorism offences following the foiled transatlantic bomb plot in 2006, in which a terrorist cell plotted to blow up transatlantic air flights using liquid explosives concealed in fizzy drinks bottles.

Emohare v Commissioner of Police of the Metropolis [2010]

Claim for damages, including aggravated and exemplary damages for false imprisonment, assault, malicious prosecution, trespass to property and breach of Articles 3 and 8 ECHR, and claim for an injunction against the Police.

E, T and Morris v Chief Constable of Kent Police [2009] EWHC 2264 (Admin)

Junior Counsel for the Respondent in Judicial Review proceedings brought by three claimants, including two children aged 11, who challenged the lawfulness of stop and searches which took place at a Climate Camp protest at a power station in Kent.

Seal v Chief Constable of South Wales Police [2007] UKHL 32

Junior Counsel for the Respondent in the early course of an appeal to the House of Lords, concerning whether a failure to obtain leave under s139(2) Mental Health Act 1983 rendered subsequent proceedings a nullity.

Chief Constable of Cumbria v (1) Marc Wright (2) Fiona Wood [2006] EWHC 3574 (Admin)

Counsel to the Chief Constable in an appeal by way of case stated concerning the requirements of the Police in bringing application to close “crack house” premises under the Anti-Social Behaviour Act 2003. 

Public / Administrative Law:

Francesca appears in the Administrative Court and has considerable experience of advisory work in claims for judicial review, with particular expertise in claims involving the police, human rights, and challenges to the outcome of complaints against police.

Francesca has previously acted as an advisor to the Treasury Solicitor in false imprisonment, misfeasance, personal injury and other claims brought against the Home Office and other government bodies.

Recent Public/Administrative Law cases:

E, T and Morris v Chief Constable of Kent Police [2009] EWHC 2264 (Admin)

Junior Counsel for the Respondent in Judicial Review proceedings brought by three claimants, including two children aged 11, who challenged the lawfulness of stop and searches which took place at a Climate Camp protest at a power station in Kent.

Inquests:

Francesca’s particular experience is in the area of deaths in police and prison custody, and deaths involving police contact.

Recent Inquests:

Re Carter (Deceased) (2011)

Counsel for Westminster City Council in the Inquest into the death of a woman who was at the time of her death on escorted leave from a psychiatric hospital.

Re Mundawarara (Deceased) (2011)

Counsel for the Commissioner of Police for the Metropolis in the Inquest into the death of a man who had recently been released from police custody.

Re Ali (Deceased)

Counsel for the Commissioner of Police for the Metropolis in the Inquest into the death of a young boy who died crossing the M1.

Licensing Law:

Francesca is regularly instructed by public authorities and police forces in hearings and appeals under the Licensing Act 2003, as well as on advisory matters.

Personal Injury:

Francesca represents and advises claimants and defendants in all aspects of personal injury work, including road traffic accidents, employer’s liability, occupier’s liability, Highways Act claims, and fatal accident claims. Her experience has included advising police forces, local authorities, and government departments.

Lectures:

Francesca provides CPD lectures to solicitors on all aspects of her practice. Previous lectures include: NPIA-approved training and lectures on the 2008 Police Performance and Conduct Regulations; positive duties of the police under Articles 2 and 3 of the European Convention on Human Rights; and Police Disclosure of Information to the Media.

Education:

City University, 2003-2004 and 2001-2002 (Inner Temple Exhibition)

ICSL (Duke of Edinburgh Entrance Scholarship, Inner Temple), 2002-2003

St John’s College, Cambridge University (McMahon Scholarship), 1998-2001

Harvard University, Cambridge, Massachusetts, June-August 1998

Benenden School (Scholar), 1995-1997

Interests:

Travel, scuba-diving, wakeboarding, skiing