5 Essex Court

Amy Clarke

Call 2010

Police Law

"She is all over both the facts and the law. She provides highly attractive advocacy and really knows how to pitch things in the right way to a tribunal."

Chambers UK 2021

Amy acts in high profile litigation involving the police and has expertise in a wide range of police law issues. She is recommended by Chambers UK for Police Law (Band 3).

Amy advises and represents police forces in a range of areas including firearms licensing, retention of seized property, Human Rights Act claims, including claims alleging breach of Article 2 ECHR, Article 3 ECHR claims alleging a failure to investigate, trafficking/modern slavery cases, claims under Article 5 ECHR for unlawful detention, false imprisonment, assault, malicious prosecution, misfeasance, negligence claims, stop and search, public order, assorted police powers under PACE 1984, data and information retention/disclosure misuse of private information, and Article 8 ECHR.

Amy’s recent advisory work has included the following:

  • The lawfulness of seizure and retention of thousands of automatic weapons, (Amy is being led by Peter Glenser QC)
  • The use of s135 and s136 of the Mental Health Act 1983
  • Human trafficking/Article 4 ECHR claims
  • Challenges to a police decision to take no further action
  • The legality of search warrants
  • The settlement of a claim brought under Article 3 of the Human Rights Act arising from significant failings in a rape investigation, following mediation
  • The settlement of a claim alleging false imprisonment and misfeasance, following mediation
  • The settlement of a claim brought under Article 3 of the Human Rights Act following a wholly avoidable but serious physical assault
     

Examples of Amy’s recent cases include:

R (YZ) v Chief Constable of South Wales Police [2021] EWHC 1060 (Admin) –judicial review challenge to the retention of acquittal information held on the PNC

R (AV) v Chief Constable of South Wales Police – judicial review challenge to a caution administered to a teacher for assaulting a student

Kawa v Commissioner of Police of the Metropolis – judicial review challenge to a caution for assault

The civil litigation arising from Operation Midland – defence and settlement of claims brought against the Metropolitan Police by a number of public figures, arising from Operation Midland and Operation Yewtree, led by Anne Studd QC 

Green v British Transport Police – defence of a claim for false imprisonment and misfeasance

Hotchkiss v Chief Constable of Nottinghamshire Police – defence of a claim for false imprisonment and malicious prosecution

Chisadza v Commissioner of Police of Metropolis – defence of a claim for discrimination on the grounds of race, negligence and malicious prosecution following on from the seizure of the Claimant’s car during a routine traffic stop

EFG v (1) Chief Constable of Sussex Police (2) Sussex County Council  - defence of a claim for breach of Articles 3 and 8 of the Human Rights Act and of the GDPR arising from the disclosure of information by the police to the local authority for the purpose of child protection proceedings.

O’Cathail v (1) Chief Constable of Sussex Police (2) Crown Prosecution Service – defence of a claim for false imprisonment, malicious prosecution and personal injury

Dunn v Commissioner of Police of the Metropolis – defence of a claim for false imprisonment and assault brought by a blind member of the public who was detained and arrested after a violent confrontation with police officers