5 Essex Court

Alex Ustych

Call 2010

Alex specialises in police law, inquests/inquiries, data protection/information law, employment law, public law and workplace stress/psychiatric injury claims. In 2020 Alex was promoted to the Attorney General's B Panel of Counsel, following 5 years as a member of the Attorney General's C Panel.

Recent cases/matters of interest include:

  • Grenfell Tower Inquiry (Junior Counsel to the Inquiry), as the lead junior for one of the teams; 
  • Appeared in a leading case concerning freedom of expression and social media: Miller v. College of Policing and Humberside Police [2020] EWHC 225 (Admin), where a leapfrog permission to appeal to the Supreme Court has been granted. 
  • Represented the Home Office in the Court of Appeal, unled, in the key case concerning ‘grace periods’ in unlawful detention cases R (AC (Algeria)) v SSHD [2020] EWCA Civ 36. 
  • Instructed by the Charity Commission in a number of public law challenges to investigatory decisions.
  • Instructed as a junior in linked judicial review challenges to the Prison Service’s policies on transgender prisoners. 
  • Successfully represented the Ministry of Justice in a 5-day assault trial involving oral evidence from 4 expert witnesses.
  • Successfully represented the Warwickshire PCC (the lead respondent in a series of stayed cases), in a significant Information Tribunal appeal (before the President of the Information Tribunal) brought by Privacy International following a refusal of a freedom of information request about surveillance technology. 
  • Alex successfully represented (led by Fiona Barton QC) West Midlands Police in high-profile judicial review and injunction proceedings arising from misconduct proceedings against an assistant chief constable. R (Beale) v. Special Case Panel [2018] EWHC 759 (Admin)
  • Several unled hearings in the Court of Appeal which resulted in important guidance in their respective areas of law: employment law (Way v. Spectrum Property Care Limited [2015] EWCA Civ 381) and negligence (Flanagan v. Greenbanks Ltd. [2013] EWCA Civ 1702);
  • Civil jury claim involving two co-defendants, where Alex successfully secured dismissal of the claim against his client, Serco;
  • High Court claim, for £1 million, in respect of psychiatric injuries;
  • The full spectrum of high-profile Article 2 jury inquests, representing law enforcement agencies, Prisons, local authorities and healthcare providers.
  • Judicial review proceedings challenging the segregation of prisoners (including cases of TACT/terrorism prisoners, involving sensitive material, as well as transgender cases);
  • Litigation in the High Court concerning the correct ambit of the Data Protection Act 1998, in respect of Subject Access Requests and inter-agency disclosures of material;
  • Re X and Y (Children) [2015] EWHC 2358 (Fam) - Represented the Government in the leading case on the novel use of GPS tagging in cases of radicalisation. 

Alex is Public Access accredited and is frequently instructed by individuals and companies directly. He is a CMC trained and PDSL accredited mediator. He also undertakes cases on behalf of Advocate/Bar Pro Bono Unit and the Employment Law Association.