5 Essex Court

Alan Payne QC

Call 1996
Silk 2019

Police Law

Alan acts on behalf of a number of Constabularies throughout the country as well as for the CPS and the Independent Office for Police Conduct. 

Recent cases include:

Seymour Young v Chief Constable of Warwickshire (2) Director of Public Prosecutions [2020] EWHC 308 – claim for misfeasance in public office against the police and prosecutor, brought by a claimant who had been found not guilty of murder after the late disclosure of intelligence material.

Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1624 – appeal against finding of discriminatory arrest and detention of an individual during a public order disturbance.

R (on the application of XY) v (1) Crown Court, (2) Chief Constable of Northumbria (3 ) DPP [2017] EWHC 52 – an Article 3  challenge brought against a decision to identify a CHIS informant in order to proceed with a criminal trial.

Mouncher & ors v Chief Constable of South Wales Police [2016] EWHC 1367 - 3 month trial of claims by 14 former police officers of malicious prosecution, misfeasance and false imprisonment.

Daniels & Ors v Chief Constable of South Wales [2015] EWCA Civ 680 - whether a Chief Constable was immune from suit in respect of decisions to start and continue prosecutions.

Durrant v Chief Constable of Avon & Constabulary [2013] EWCA Civ 1624: - the Court of Appeal gave guidance as to  non-compliance with CPR in line with the judgment in Mitchell v News Group.

Desmond v Chief Constable of Nottinghamshire [2011] EWCA Civ 3 – whether a Chief Constable owed a duty of care when responding to a request for information to be included in an enhanced criminal record certificate under the Police Act 1997.

Barry George v. Metropolitan Police Service [2010] EWHC 324 - challenge brought by the Claimant to the lawfulness of the decisions to include him in the Multi-Agency Public Protection Arrangements (MAPPA) scheme. 

Coker v IPCC & MPS & Wood [2010] EWHC 3625 – challenge to the decision of the Independent Police Complaints Commission to revise its decisions as to recommendations as to the nature of the disciplinary action to be brought against a police officer.