5 Essex Court

Cicely Hayward

Call 2009

Police Law

Cicely represents constabularies throughout the country. She has appeared on behalf of police forces in the Court of Appeal, High Court, County Court, Crown Court, Magistrates’ Court and Coroner’s Court. She has extensive experience in advising on and acting in claims alleging negligence, breach of the Human Rights Act, misfeasance in public office, assault, false imprisonment, breach of the Data Protection Act and a wide range of disclosure issues. She frequently acts in claims and inquests which raise issues of mental health law and capacity.

Notable cases:

R(A & Ors) v Central London Criminal Court and Chief Constable of West Midlands Police [2017] EWHC 70 – lawfulness of warrants for electronic devices where there were reasonable grounds for believing LPP material would be on the devices. Led by Dijen Basu QC

ABC (A mother) v Chief Constable of West Yorkshire Police [2017] EWHC 1650 (QB)  - claim for defamation arising out of comments alleged to have been made during a police investigation, which raised issues of qualified privilege and what amounted to serious harm to reputation.

R(Ghuman) v Chief Constable of Thames Valley Police – Acting for the Defendant in a substantive judicial review challenge to the lawfulness of the decision to issue a Child Abduction Warning Notice (formerly known as Harbourer’s Warnings).

Hunt & Ors v Chief Constable of West Midlands Police – Acting for the Defendant in multiple claims brought arising from dispersal notices issued on the day of a football match between Birmingham City and Bristol City

Wilkinson v Chief Constable of Greater Manchester Police – Acting for the Defendant in a claim brought by a police officer who had been in the vicinity when PCs Fiona Bone and Nicola Hughes were murdered.

Mouncher & Ors v Chef Constable of South Wales Constabulary [2016] EWHC 1367 (QB) -  claims by 15 former officers in false imprisonment, malicious prosecution, misfeasance, breach of Article 8, trespass arising out of the collapse in 2011 of the UK’s largest criminal trial involving alleged police corruption. Led by Jeremy Johnson QC.

Daniels & Ors v Chief Constable of South Wales Police [2015] EWCA Civ 680 -  consideration of immunity from suit for police officers in discharging their disclosure obligations in criminal proceedings. Led by Jason Beer QC.

R(P) v Chief Constable of Thames Valley Police [2014] EWHC 1436  - proportionality of contents of enhanced DBS certificate – formerly ECRC

Allen v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 967 - threshold for the engagement of Article 3 and the scope of the investigative obligation in circumstances where the alleged ill treatment was at the hands of a private individual, not an agent of the state. Led by Samantha Leek QC.

Durrant v Chief Constable of Avon and Somerset [2013] EWCA Civ 1624 - relief from sanctions. Led by Alan Payne.

R (Cubells) v IPCC [2012] EWCA Civ 1292 - sole counsel in the High Court and Court of Appeal in challenge to outcome of complaint investigation by the IPCC.

Inquest into the death of Justin Skrebowski - instructed by the Chief Constable of Thames Valley Police in the inquest into the death of an antiques’ dealer who was stabbed to death in Poundland by a man who had significant substance misuse issues and suffered from paranoid schizophrenia, and was known to the police and mental health services. 

Bijan Ebrahimi - inquest into the death and civil claim - instructed in the inquest and civil claim arising from the death of a man who was beaten to death in Bristol by his neighbours, following numerous calls to the police. Led by Samantha Leek QC.

Inquest into the Death of Ian Tomlinson [2012] - Inquest into the death of a newspaper vendor who died after contact with the police at the G20 riots. Led by Samantha Leek QC.

Dawood (on behalf of Ian Tomlinson, deceased) v Commissioner of Police of the Metropolis – civil action brought by family of Ian Tomlinson who died following police contact at the G20 riots.

R (Trans Berckx BVBA) v North Avon Magistrates’ Court [2011] EWHC 2605 (Admin) – acting for the Chief Constable as the interested party in a judicial review claim concerning the lawfulness of a deprivation order

Cicely has also been instructed by a number of police forces (as well as local authorities) in hearings and appeals pursuant to the Licensing Act 2003 and advises on licensing matters.