5 Essex Court

Amy Clarke

Call 2010

Police Law

Amy represents police forces across the country and has acted in a wide range of civil actions against the police including claims for false imprisonment, assault, malicious prosecution, breaches of the ECHR, discrimination, breaches of the Data Protection Act, the destruction and retention of devices containing indecent images, and the historic retention of human tissue. Amy frequently appears in interlocutory matters such as applications for strike out and summary judgment.

Amy has also advised and acted on behalf of police forces in Judicial Review proceedings involving challenges to search warrants, the refusal to charge an individual with a criminal offence, failure to investigate and the use of spitguards,

Amy regularly appears in the Family Division on behalf of police forces to deal with complicated disclosure matters and applications for Public Interest Immunity, often in cases involving extremism.  Amy also has particular experience and interest in applications for Female Genital Mutilation Protection Orders and Forced Marriage Protection Orders.

Historically, Amy has provided long term in-house support for a number of different police forces and has advised on a range of areas including high value civil actions, 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, Closure Orders, IPNAs (formerly ASBOs), firearms licensing appeals and the retention and destruction of property containing indecent images.

Amy has represented various police forces in misconduct proceedings (see experience under Regulatory).

Examples of Amy’s recent cases include:

A and B  v Chief Constable of Nottinghamshire Police [2017] – successful strike out of a complex claim for breach of the Data Protection Act 1998, breach of Article 8 of the ECHR, breach of confidence and misuse of private information.

R (on the application of Purvis) v (1) The CPS (2) The Chief Constable of Devon and Cornwall Police [2017] – application for Judicial Review arising from a decision not to prosecute a police officer for misconduct in a public office.

The Chief Constable of Greater Manchester Police v B and Others [2017] – application for a FMPO where the protected party had been the victim of honour based violence and as a result, was living within protective custody.

Re AB v A London Borough and Re: AA v A London Borough [2017] – Two linked cases involving complex and extremely sensitive criminal investigation into terrorism offences and corresponding Children Act proceedings.

R (C) v Chief Constable of West Yorkshire [2016] – 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] – 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.

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) – 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.