Amy Clarke enlarge photo

Practice Areas

POLICE LAW
INQUESTS
REGULATORY
PERSONAL INJURY
EMPLOYMENT LAW

Amy Clarke

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YEAR OF CALL: 2010

Amy specialises in the areas of police law, inquests, public law and regulatory matters, as well as undertaking work in all of Chambers’ main practice areas. Amy graduated from Leeds University in 2007, worked in Parliament and as a paralegal before being called to the Bar in 2010.

Amy is described by instructing solicitors as approachable, tenacious and persuasive.

Amy is CTC cleared.

Police Law

Amy represents police forces across the country and has acted in a large range of civil actions against the police, including claims for false imprisonment, assault, malicious prosecution, breaches of the ECHR, and breaches of the Data Protection Act and the historic retention of human tissue.

Amy has particular experience and interest in applications for Female Genital Mutilation Protection Orders and Forced Marriage Protection Orders. Amy regularly appears in the family court on behalf of police forces in Children Act proceedings to deal with disclosure issues and assertions of Public Interest Immunity.

Amy has provided long term in-house support for many different police forces, advising on a range of areas including high value civil actions, claims for Judicial Review, professional misconduct, recoverability of the cost of policing events attended by the public, the destruction of dangerous dogs, FOI requests, review of Notification Requirements, applications for Sexual Harm Prevention Orders, Ipas (formerly ASBOs), applications made under the Proceeds of Crime Act, firearms licensing appeals and applications under the Police Property Act 1897.

Examples of Amy’s recent cases include:

R (C) v Chief Constable of West Yorkshire [2016] – An application to judicially review a decision not to charge an individual in a case of alleged sexual assault

The Chief Constable of Avon and Somerset v IA  [2016] – A successful application for a Female Genital Mutilation Protection Order, involving issues of capacity and PII

Makoni v Chief Constable of West Midlands [2016] – successful defence of a claim for discrimination on the grounds of race

The Chief Constable of Surrey v SA & Ors [2015] – A successful application for a Force Marriage Protection Order involving issues of capacity

Molis and Parker v The Chief Constable of Avon and Somerset [2015] – successful defence of a claim for assault arising from the Bristol Riots in 2011.

Sadler v Worcester Magistrates Court [2014] EWHC 1715 (Admin) – An appeal by way of case stated dealing with the approach the courts should take to applications to vary a SOPO

Re the Al Hilli Children [2012] EWHC 4394 (Fam) – a successful application for a police force to become a party to family proceedings when the role of the police extends beyond providing disclosure.

Inquests

Amy has extensive experience of appearing at Coroners Courts around the country, primarily for police forces and NHS Trusts. Amy undertook a secondment in the inquest team at a leading firm of solicitors earlier this year, which gave her invaluable practical experience of the specific needs of NHS clients.  Amy regularly advises on Serious Incident and Root Cause Analysis reports, as well as providing representation at Inquests.

Inquests that Amy has recently been involved in having included cases involving a delay in police attendance to a suicide, an alleged failure to investigate reports of abuse prior to death, a neonatal death arising from failures in midwifery care, sepsis, the failure of a cardiac device, delay in conveyance to hospital, delayed diagnosis of a paracetamol overdose and many cases involving geriatric death following falls in care homes and hospitals.

Regulatory

Amy has represented various police forces in misconduct proceedings, often of a high profile nature. Amy was junior counsel in the misconduct proceedings arising from the death of Bijan Ebrahimi and has recently dealt with cases involving excessive use of force causing life changing injuries, sexual misconduct, and the use of force against a vulnerable child and serious breaches of confidentiality.

Personal Injury

Amy has built on her experience as a paralegal by proving in-house advice to personal injury solicitors as well as drafting pleadings and appearing in court in a number of personal injury claims. Amy assisted Alan Payne in Burn, De Man and Shalloe v Ministry of Justice [2012], a high value claim for Post -Traumatic Stress Disorder brought by prison guards who were on duty at the time of a violent prisoner escape.

Employment Law

Amy has been instructed to advise and provide representation on a wide range of Employment issues, including unfair dismissal, (including claims relating to redundancy and whistleblowing) and disability discrimination.

Lectures

Amy provides lectures on all of Chambers’ areas of practice.

Education

Anglo American Scholar, Middle Temple

BPP, Bar Vocational Course, 2009-2010

BPP, Graduate Diploma in Law, 2008 -2009

Leeds University, BA (Hons) Politics, 2004 -2007

Interests

Skiing and travel