Inevitably very many claims have Convention elements to them but increasingly claims are brought only under the Act. Anne has dealt with these issues on numerous occasions since the Convention rights were “brought home” and has assisted in resisting claims and advising on the level of compensation to be awarded under section 41.
Recent examples include:
Civil claim under Article 2 brought by family of Kingsley Burrell who died after restraint in a mental health setting. Significant and complex issue of whether the police or NHS Trust were responsible for the breach of Article 2 that caused the death.
Civil claim brought by the family of Valerie Forde who together with her young daughter was killed by her partner and the child’s father having made a report to the police about her concerns for her safety. Claims for breach of Article 2 and 3.
She is instructed in the Judicial Review arising from the use of a spit guard on a young woman with learning difficulties and generally in relation to the legality of spit guard for the purposes of restraint.