5 Essex Court

Francesca Whitelaw

Call 2003

Public / Administrative

Francesca has considerable experience of all aspects of public / administrative law work including judicial review, prison law, police law and human rights.

As A-Panel Counsel to the Crown, Francesca advises, and is instructed by, the Government Legal Department in false imprisonment, misfeasance, human rights and other claims brought against the Home Office, the Ministry of Justice, the Ministry of Defence and other government bodies, and at inquests.

Significant cases include:

R (on the application of Ian Stewart-Brady) v (1) The Lord Chancellor (2) the First Tier Tribunal (Health, Education and Social Care Chamber) (2017) - Appeared on behalf of the First Tier Tribunal in the hearing of the last set of legal proceedings brought by Ian Brady before his death. Brady sought to challenge the decision of the Tribunal not to appoint his choice of legal representative as well as the decision of the Lord Chancellor to refuse public funding. Both applications were rejected by the Administrative Court.

Chief Constable of Devon & Cornwall v HM Coroner for Plymouth, Torbay & South Devon & (1) Elber Twomey (2) Wojciechowska (2) Insurers of Wojciechowska (deceased) (4) Independent Police Complaints Commission [2013] EWHC 3729 (Admin) - Appeared on behalf of the Devon and Cornwall Constabulary for the judicial review which arose out of an inquest into the death of a child and a suicidal driver in circumstances where police had attempted to stop the suicidal driver’s vehicle.

(1) Daniel Cummings (2) Zahid Bashir (3) Geno Boyoh v Ministry of Justice [2013] EWHC 33 (QB) –Instructed as Junior Counsel to Jeremy Johnson QC representing the Ministry of Justice in a claim by prisoners at HMP Frankland, for damages for assault and misfeasance in public office by prison officers.

R (on the application of Ivor Adams) v Independent Police Complaints Commission [2013] EWHC 2650 (Admin) - Appeared on behalf of the IPCC for the judicial review of a decision to grant dispensation for a police force from the statutory complaints procedure.