Civil Liberties & Human Rights

Areas of expertise include:

  • Human Rights (ECHR)
  • Wrongful Arrest
  • Death in Custody
  • False Imprisonment
  • Police Assault
  • Police Misconduct & Negligence
  • Unlawful Detention
  • Malicious Prosecution
  • Misfeasance in Public Office
  • Coroners’ Inquests
  • Housing
  • Homelessness
  • Unlawful Eviction
  • Prison Law
  • Immigration & Asylum
  • Equality Act Discrimination
  • Data Protection
  • Mental Health
  • Community Care
  • Health & Social Care
  • Planning

Civil Liberties & Human Rights Barristers

Trinity Chambers' Civil Liberties and Human Rights barristers are a diverse multidisciplinary team with experience and knowledge in all of the key areas of practice that affect and impact on the civil liberties and human rights of individuals, organisations and communities. The balance in the team is reflected in its broad spread of instructions received from both Claimant and Defendants alike for what are often urgent Human Rights related Judicial Review proceedings.

The experienced team recognise the importance of maintaining the balance of interests between individuals, organisations and communities whose rights may have been breached, and the interests of the State in its various forms, such as Local Authorities, Government departments or agencies such as the Police, NHS,  HM Revenue & Customs or HM Prison Service.

Trinity’s Civil Liberties and Human Rights barristers are experienced in dealing with a wide range of civil claims against the Police for alleged Human Rights breaches. These include wrongful arrest, unlawful detention, Police misconduct/negligence, Police assaults, as well as death in custody cases leading to Coroners' inquests before a jury.

The team also deals with Human Rights issues arising from immigration and asylum, housing law, prison law, health, social and community care, Court of Protection, vulnerable adults and education, including civil claims for unlawful detention and claims for discrimination under the Equality Act 2010 and Article 14 ECHR.

As it is not uncommon for the State to be involved in issues which take place outside of the UK, Trinity’s Silks and barristers can advise in relation to extra-territorial cases.

  • Claims for damages arising from police misconduct, including claims for false imprisonment, malicious prosecution, assault, negligence, and misfeasance in public office.
  • Claims for Judicial review and/or damages arising from criminal investigations and prosecutions, including claims for malicious prosecution, false imprisonment, and challenges to search warrants obtained by the police and other law enforcement bodies such as HM Revenue & Customs (HMRC), Serious Fraud Office (SFO) and National Crime Agency (NCA).
  • Actions arising out of public protests and demonstrations, including unlawful arrest and false imprisonment.
  • Judicial Review challenges to Police decisions, such as the refusal to allow peaceful protests and demonstrations.
  • Deaths whilst being held in or following Police custody.
  • Claims for damages for injury or death following Police pursuits, including road traffic.
  • Claims for damages arising from the actions of undercover police officers and CHIS (Covert Human Intelligence Sources).
  • Claims arising out of breach of privacy laws following police or state sanctioned surveillance.
  • Judicial Review challenges to failures to charge and/or prosecute.
  • Judicial Review and /or claims for damages arising out of misuse of counter terrorism powers.

  • Claims for Judicial Review and/or damages arising out of unlawful detention at Immigration Detention Centres (IDCs).
  • Claims for Judicial Review and/or damages arising out of assaults and mistreatment during IDC detention.
  • Human Trafficking.
  • Asylum and International protection.
  • Deportation challenges.
  • Protecting the rights of vulnerable individuals including children.
  • European Free Movement for GB and European citizens.
  • Commercial and Business Immigration, including the points-based system.
  • Family and child immigration.
  • Sponsor licenses for education and business.

Whenever there is a death in custody in controversial circumstances involving a state body or public authority, including while in police custody or while in detention in prison, an immigration detention facility or a psychiatric hospital, there is a need for an inquest to help establish the cause of death, including whether any of the events leading up to the death were a contributory factor. This also extends to cases where the authorities knew that the deceased was at risk from violent crime and failed to protect them. This can include people in prison killed by violent prisoners, disabled people killed after bullying and harassment, and victims of racist attacks.

  • Inquests where the deceased died in prison whether as a serving prisoner or on remand.
  • Civil claims for damages following deaths in prison whether as a serving prisoner or on remand.
  • Inquests where the deceased died in police custody or following contact with the police. This includes police shootings and deaths related to restraint and use of force.
  • Civil claims for damages where the deceased died in police custody or following contact with the police. This includes police shootings and deaths related to restraint and use of force.
  • Inquests where the deceased died whilst being held in an immigration detention facility or any other UK Border Agency (UKBA) facility including transfers between authorities.

  • Judicial Review challenges against local authorities and social landlords in homelessness cases.
  • Judicial Review challenges against local authorities and social landlords in allocation of social housing.
  • Judicial Review challenges against local authorities in housing policies.
  • Unlawful Eviction.
  • Rights of Gypsies, Travellers and Roma.
  • Judicial Review and/or damages claims against landlords under the Equality Act 2010 and Article 14 ECHR.
  • Claims for damages against private landlords under the Equality Act 2010.

Trinity’s barristers draw on a variety of core legal practice areas in civil, family, Court of Protection and criminal law to safeguard the rights of its clients. They have expertise in health and social care, mental health including mental capacity and can provide expertise in a broad range of issues on behalf of individuals in relation to their physical and mental health, disabilities and the need for care and treatment. In addition, the team act in cases dealing with service provision and associated regulatory issues.

  • Issues concerning healthcare, including mental health issues.
  • Inquests arising out of healthcare issues, including healthcare issues in prison and/or police custody.
  • Community care issues.
  • Healthcare cases arising out of immigration cases.
  • Judicial Review challenges to national and local government decisions that impact on healthcare in national and local communities.
  • Challenging local and national education decisions and policies on behalf of those with Special Educational Needs and Disabilities.
  • "Trinity's ‘extremely efficient’ clerks are ‘always keen to assist’"

    Legal 500

Loading...