Cicely Hayward

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YEAR OF CALL: 2009

Background

Cicely has a broad practice spanning the range of Chambers’ work, acting in an advisory and representative capacity.

“She remains calm and professional in intense litigation” (Police Law – defendant) The Legal 500 2017

“She is well prepared and has the ability to build up an immediate rapport with witnesses.” (Police Law) Chambers UK 2017

“She is well liked, very thorough and her defences are robust.” (Police Law) Chambers UK 2017

“She is really tough and really able.” (Police Law) Chambers UK 2017

“She has an eye for detail and in-depth police knowledge.” – (Police Law) Chambers UK 2016

“She has the ability to build up an immediate rapport with police officer witnesses, which helps to get the most from them.” – (Police Law) Chambers UK 2016

Described by her solicitors as having an “excellent manner in court” and as providing “clear, concise and well considered” advice, Cicely has developed her practice in the areas of Police law, Inquests, Employment law, Public Law, and Personal Injury.

Cicely was appointed to the Attorney General’s C Panel of Counsel in March 2013.

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.

Notable cases:

  • Allen v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 967. Instructed as junior counsel by the Chief Constable in a a civil claim concerning the 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.
  • Mouncher & Ors v Chef Constable of South Wales Constabulary. Instructed as junior counsel in these ongoing claims for malicious prosecution and unlawful arrest brought by ex police officers following the collapse in December 2011 of the UK’s biggest trial involving alleged police corruption. The hearing is due to commence in early 2015 and is likely to last several months.
  • Durrant v Chief Constable of Avon and Somerset [2013] EWCA Civ 1624. Instructed as junior counsel in this case concerning the approach to an application for relief from sanctions following the implementation of the Jackson reforms.
  • R (Cubells) v IPCC [2012] EWCA Civ 1292. Instructed as sole counsel in the High Court and Court of Appeal by the IPCC
  • R (on the application of P) v Chief Constable of Thames Valley Police – judicial review concerning the inclusion of information on the Claimant’s Enhanced Criminal Record Certificate
  • Inquest into the Death of Ian Tomlinson [2012]. Instructed as Junior Counsel for the Metropolitan Police in this 6 week inquest into the death of Ian Tomlinson, who died after contact with the police at the G20 riots.
  • 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 frequently advises on civil actions against the police, force policies, disclosure issues, including disclosure in the family courts, data protection, freedom of information, stop and search, gang injunctions, warrants, legal professional privilege, property and personal injury.

Inquests

Notable cases:

  • Inquest into the death of Bijan Ebrahimi [2014] Instructed as junior counsel for the Chief Constable of Avon and Somerset.
  • The Red Arrows Inquest [2014]. Instructed as junior counsel for the Ministry of Defence in this 3-week inquest into the death of Flt Lt Sean Cunningham, a Red Arrows pilot, who was inadvertently ejected from his Hawk aircraft whilst it was still on the ground.
  • Inquest into the death of Murad Hussain [2013]. Instructed by the Ministry of Justice in this two-week inquest into the death of a prisoner who killed himself in his cell.
  • Inquest into the death of Mark Duggan [2013]. Instructed as junior counsel by the Serious Organised Crime Agency (as was).
  • Inquest into the Death of Ibrahim Tejan [2012]. Instructed by the City of London Corporation in this six-day inquest into the death of a man killed by a bus in central London.
  • Inquest into the Death of Ian Tomlinson [2012], an Article 2 inquest involving complex medical evidence as to cause of death.

Employment Law

Cicely has experience in a range of employment law matters including race discrimination, disability discrimination, sex discrimination, unfair dismissal, constructive unfair dismissal, transfer of undertakings, equal pay, working time regulations, redundancy, protected disclosures and positive discrimination. Cicely has experience of advising on and acting in mediations.

Recent cases include :

Nawaz v HMRC [2013]. Instructed by the Respondent in this claim for unfair dismissal, arising from a decision to dismiss on the grounds of capability.

Crayden v Ministry of Justice [2013]. Instructed by the Ministry of Justice in this week long Employment Tribunal claim concerning a capability dismissal

Saych v Suffolk New College [2013]. Instructed by the Claimant in a 7 day tribunal claim concerning a claim for direct and indirect disability discrimination.

Taylor v East of England Cooperative Society [2012]. Instructed by the Claimant in a 7 day tribunal concerning a whilstleblowing claim.

Public Law

Since being appointed to the Attorney General’s C Panel of counsel Cicely has expanded on her public law experience. She frequently appears in both the High Court and the County Court on court on behalf of central government departments, and has advised on and drafted grounds for immigration challenges, including false imprisonment and breaches of the Human Rights Act.

Licensing Law

Cicely is instructed by a number of police forces and local authorities in hearings and appeals pursuant to the Licensing Act 2003 and advises on licensing matters.

Personal Injury Law

Cicely has wide experience of acting and advising in a broad range of personal injury matters, including employers’ liability claims, slipping and tripping, RTAs, repetitive strain injury and PTSD. She frequently appears in fast track and multi-track claims, and is particularly interested on the impact of the Jackson reforms on personal injury litigation.

Other

Cicely has experience in claims concerning unpaid school fees and is interested in the implied terms of a contract for education.

Lectures

Cicely is willing to provide lectures on all areas of chambers’ practice areas. She has lectured on discrimination claims in the county court, disclosure and gang injunctions.

Education

Wellington College, Berkshire, Scholar 2001-2003

BA (Oxon), English Literature, Pembroke College, Oxon [2004-2007]

GDL, Oxford Brookes [2007-2008]

BVC (graded outstanding in drafting, opinion writing, employment and legal research), BPP [2008-2009]

Hardwicke and Hubert Greenland Scholarships (Lincoln’s Inn)