5 Essex Court

Robert Cohen

Call 2009

Police Law

Robert represents police forces across the country and has extensive experience in a range of civil matters. He has acted in a large range of civil actions against the police and is especially interested in cases involving police information and the Data Protection Act. He has appeared on behalf of Chief Constables in the Court of Appeal, High Court, and County Court.

Robert has a great deal of experience dealing with the issues facing the police in relation to their handling of sensitive information. He is regularly instructed in to deal with judicial reviews and civil actions in respect of police decisions as to criminal records. He is also often asked to make submissions in relation to Public Interest Immunity.

Notable cases:

Khan v Chief Constable of West Midlands Police and Chief Constable of Northamptonshire Police [2017] EWHC 2185 (QB) – Acted for both Chief Constables in this civil action for False Imprisonment, Trespass, Assault, and Defamation. The Claimant had been arrested on suspicion of offences under the Terrorism Act and sued both police forces involved. His claims were dismissed in their entirety.

Grey v Commissioner of Police [2016] EWCA Civ 1360 – Successfully defended this second appeal in the Court of Appeal. The Court held that the proper approach had been taken to seizing the Appellant’s vehicle pursuant to section 165A of the Road Traffic Act.

Murray v Chief Constable of Lancashire [2015] EWCA Civ 1174 – Appeal against the imposition of an interim Injunction to Restrain Gang Related Violence. This is the leading case on the manner in which interim orders ought to be addressed.

Elliott v Staffordshire Police [2015] EWHC 3165 (QB) – Trial of the Claimant’s claim for defamation. The Claimant alleged that he had been libelled by the course of a child protection conference. His claim was dismissed and costs awarded to the Chief Constable on an indemnity basis.

Re the Al Hilli Children [2013] EWHC 2190 (Fam) and [2013] EWHC 2299 (Fam) – Acting for the Chief Constable of Surrey (as junior to Fiona Barton QC) in these complex family proceedings. Particular issues arose in relation to the disclosure of sensitive information and the assertion of PII, the attendance of representatives of the press, and the sensitivities associated with an international, cross border investigation.

Ali v Bashir [2013] EWHC 2572 – Acted for the Chief Constable of Surrey in these election court proceedings. He represented the Chief Constable at the scrutiny, and handled applications for the disclosure of police information.