5 Essex Court

Mark Thomas

Call 2006

Police Law

Having acted as junior counsel for the Metropolitan Police in DSD and in scores of other similar claims, Mark is a go-to junior counsel in cases involving alleged breaches of Article 3 ECHR.

Recent and current cases include civil actions (including claims for misfeasance, wrongful arrest and false imprisonment, personal injury and employment claims), judicial reviews, inquests and inquiries.

He has huge experience in defending civil actions and judicial reviews, and is regularly instructed to appear against leading counsel in courts up to and including the Court of Appeal.

Mark also has considerable experience acting for police forces where officers are alleged to have sexually assaulted colleagues or members of the public.

Recent Police Law cases:

Kenyon v Chief Constable of Hertfordshire Police – Claim for assault and battery following arrest which allegedly caused serious physical and psychiatric injuries, where the Chief Constable is relying upon a s329 CJA 2003 defence.

Bell v Chief Constable Nottinghamshire – High Court claim for wrongful arrest and false imprisonment following the arrest of a serving police officer for misconduct in public office.

Kandamwala v Chief Constable of Cambridgeshire – Acted for the Chief Constable before the Court of Appeal, defeating necessity to arrest and fair trial grounds.

MLIA & CLEL v Chief Constable of Hampshire – Acted for the Chief Constable in defending a claim for breach of the Article 3 investigative duty. Led by Dijen Basu QC.

Anjasmoro v Chief Constable of Northumbria Police – A claim for false imprisonment and breach of the Article 4 investigative duty where the Chief Constable provided detention facilities for a UKBA operation.

Marsh v Chief Constable of Cambridgeshire – Defence of a claim for false imprisonment and assault following the tasering of and arrest of a pub landlord.

Johnson v Commissioner of Police of the Metropolis – A claim for personal injuries by an officer who suffered chemical burns as a result of CS spray exposure training.

DSD & NBV v Commissioner of Police of the Metropolis [2015] EWCA Civ 646 – Led by Jeremy Johnson QC in claim concerning the scope of the investigative duty of the police under Article 3. Acted in the subsequent appeal to the Court of Appeal.

Majchrzak v West Midlands Police – Acted for the Chief Constable in defending a high value claim for assault and unlawful arrest of a foreign national subject to a European arrest warrant.