5 Essex Court

Robert Cohen

Call 2009

Professional Discipline & Regulatory

Robert is frequently called upon to advise on regulatory issues and appear in regulatory proceedings. He very much enjoys the opportunity that regulatory matters provide to undertake a detailed analysis of the wider circumstances of a situation from a different perspective. For instance, he has been involved in disciplinary proceedings concerning the collapse of a criminal prosecution for rape.

Robert’s wider expertise in public law, inquests, information law and personal injury make him ideally suited to regulatory proceedings. He is often called upon to use his knowledge of other areas to assist regulatory bodies.

Notable cases:

R(W80) v IOPC [2020] EWCA Civ 1301 – Acted (as junior to Jason Beer QC) for the Commissioner of Police of the Metropolis in this appeal. The Court of Appeal ruled definitively on the extent to which the test for self-defence in police misconduct should be the civil or criminal test. 

R(Weed) v Commissioner of Police of the Metropolis [2020] EWHC 287 (Admin) – Acted for the Defendant in a challenge to her decision not to extend sick pay to a police officer. This was the first time that this issue has been considered by the High Court. Mr Justice Johnson upheld the Commissioner’s decision. 

Re PC X (2018): Gross-Misconduct proceedings in relation to a police officer who was found to have misled her insurance company in the aftermath of a road traffic collision.

Re PC Y (2016): Gross-Misconduct proceedings in relation to a police officer who had inappropriately become involved in an incident involving her partner. She had previously been acquitted of conspiracy to pervert the course of justice, but was dismissed from the police.