Andrew Arthur

Information about the specialist

andrew.arthur@irwinmitchell.com

Practice Areas

I specialise in bringing claims for clients who have been the subject of unlawful acts committed by police officers and by the state. I bring civil claims in the County Court and High Court for assault; false imprisonment; malicious prosecution; violations of the Human Rights Act; and discrimination under the Equality Act.

Since 2001, I have acted successfully for clients in complex civil jury trials, in addition to securing many damages settlements over the years for the wrongs committed against them. I also assist them in bringing complaints about police misconduct to the Independent Police Complaints Commission.

I represent clients who have been unlawfully detained by the government under immigration powers. In addition, I act for clients who have been assaulted whilst in prison, either by prison officers or other inmates, well as challenging their conditions of detention.

I have brought several successful Court of Appeal cases establishing innovative changes in the law. In 2016, I was shortlisted for the Law Society Excellence Awards in the 'Human Rights Lawyer of the Year' category.

Notable Cases:

- R (Johnson) v Secretary of State for the Home Department [2002] (unreported)

Successfully challenging the timing of reviews considering a life sentence prisoner’s suitability for release after the tariff period had ended

- Mason v Ministry of Justice [2008] EWHC 1786 (Admin)

Securing compensation for man after a prison failed to release him in time to benefit from the Home Detention Curfew scheme

- R (Graham) and (Allen) v Secretary of State for the Home Department [2008] Prison LR 316

Representing two prisoners in a judicial review - The High Court found that handcuffing the prisoners to prison officers during serious medical treatment was “inhuman or degrading” and an infringement of their human rights

- R(Cakir) and (Bhatt Murthy & Others) v Secretary of State for the Home Department [2008] EWCA Civ 755

A challenge in Court of Appeal against the Secretary of State’s abolition of a compensation scheme for victims of miscarriages of justice

- Copeland v Commissioner of Police of the Metropolis [2014] EWCA Civ 1014

Representing a client whose successful High Court compensation claim for assault, false imprisonment and malicious prosecution was appealed against by the police. The Court of Appeal upheld the claim, establishing and confirming important legal principles for all malicious prosecution claims.

- Zenati v Crown Prosecution Service and Commissioner of Police of the Metropolis [2015] 1 All ER 124

Securing compensation for a man who was kept in custody weeks after evidence had proved his innocence. The Court of Appeal held that Human Rights legislation obliges the police to diligently bring such evidence to the court’s attention as soon as they can.