5 Essex Court

Robert Talalay

Call 2010

Police Law

Bobby’s practice embraces all areas of civil, public and employment law relevant to policing. He acts in all types of case involving the police including judicial review, data protection claims, arrest, detention, misfeasance and malicious prosecution claims, claims for breaches of the ECHR (including claims concerning investigations (art.2 and 3), detention (art.5), and the right to privacy) freedom of information appeals, internal misconduct proceedings, inquests, discrimination, personal injury, employment, and police involvement in family cases.

Bobby also provides training on diverse matters including police misconduct, internal staff discipline and employment law.

Bobby regularly appears in fast-track and multi-track trials, judicial reviews, complex and high-profile misconduct proceedings, high-value personal injury claims, and inquests. His recent cases include:

R (II) v Commissioner of Police of the Metropolis [2020] – Counsel for the Commissioner in judicial review proceedings concerning the retention of data of a child referred to the police under the Prevent duty and whether continued retention breached the child’s art.8 ECHR rights and/or was a breach of the DPA or the public sector equality duty. Judgment reserved and pending.

Chief Constable of Avon and Somerset v Gray [2019] EWCA Civ 1675 – Counsel for the Chief Constable in the Court of Appeal. The case concerning the correct interpretation of the fees regime in the Civil Proceedings Fees Order 2008 for those subject to a civil restraint order seeking permission to issue a claim and the appropriate restrictions on vexatious litigants’ right to access to justice.

Schwaninger v Commissioner of Police of the Metropolis – Counsel for the Metropolitan Police in a seven-day trial in a claim for false imprisonment, malicious prosecution and negligence

Inquests touching upon the death of Christine Lee and Lucy Lee – Junior Counsel for the Chief Constable of Surrey in an art.2 inquest. Following the murders by John Lowe of Christine and Lucy Lee in 2014, and after multiple investigations by the state into the actions of Surrey Police and a murder trial in which Lowe was convicted, the Senior Coroner for Surrey heard these inquests into the deaths of Christine and Lucy Lee over five weeks, focusing on an examination of the assessment by Surrey Police of the risk posed by Lowe, with particular scrutiny of firearms licensing systems and decisions.

Privacy International v (1) ICO and (2) the Commissioner of Police of the Metropolis (EA/2018/0164) – Counsel for the MPS, the lead Respondent, in a high-profile FOIA appeal where multiple police forces ‘Neither Confirmed Nor Denied’ possession of various types of information said to relate to Covert Communications Data Capture using International Mobile Subscriber Identity (IMSI) catchers , relying on s.23, s.24 and s.31 FOIA exemptions. The FTT refused the appeal and upheld the decision to neither confirm nor deny possession of the information in question.

The Chief Constable v S & Ors (FGM) [2016] EWFC B75 – Counsel for the Applicant Chief Constable in proceedings in the Family Division of the High Court for a Female Genital Mutilation Protection Order, in which the court set out the applicable threshold for risk which needs to be met in these matters being a ‘real possibility’ or a ‘real and evidentially established risk’ of FGM.

Boxill v (1) Commissioner of Police of the Metropolis; (2) Serco Ltd – Counsel for the Metropolitan Police in a jury trial in a claim for false imprisonment, directly and by procurement.