Civil Liberties

We act for individuals who have been badly treated by the police. Such claims include:

• False Imprisonment: usually arising from an unlawful arrest or an unlawful stop and search;
• Assault and Battery: where police officers have used excessive force or assaulted an individual;
• Negligence: in limited circumstances (for example, cases concerning the deployment of tasers and police dogs against minors or other vulnerable individuals);
• Misconduct or misfeasance in public office: (where officers’ actions are particularly egregious for example they have fabricated evidence);
• Malicious prosecution: in cases where an individual has been prosecuted without probable cause and due to malice on the part of the prosecutor.

We also guide clients through the police formal complaints and appeal process, should they seek accountability for the actions of individual police officers.

We represent families in Inquests where the state’s duties under Article 2 are triggered.

Article 2 is the right to life and can be triggered where:

• An individual died in state custody (e.g. police detention, immigration detention, psychiatric detention or prison); or
• There is some element of state responsibility in their passing (e.g. in the course of, or following, a police assault); or
• There is a real and immediate risk to life to a person who is otherwise known to healthcare services and they fail to act on those risks.
• Human Rights Act claims where an individual’s rights have been violated e.g. the right to a fair trial, the right to respect one’s private and family life.
• Equality Act seeks to protect people from discrimination in the workplace and in wider society.

We support and guide grieving families through the entire inquest process and thereafter can advise on the viability of any civil claim arising.

Our team has extensive experience in representing prisoners in claims against the Prison estate. This includes representing vulnerable individuals who have been assaulted by prison officers and securing compensation in situations where clients are held in prison for longer than determined by a Court.

We have a number of notable cases with which we have assisted clients. Read more here

At GT Stewart Solicitors & Advocates, every client matters.

We are a firm specialising in both criminal defence and civil liberty matters. Our lawyers are very experienced at dealing with the police during criminal investigations as well as bringing cases against police forces, prisons and detention facilities across the country.

Our priority is to secure accountability for how you have been treated.

We appreciate how overwhelming it can be to bring a case against public bodies such as the police, the Ministry of Justice, or other state institutions and we work tirelessly to guide you through the complex legal process. We are regularly praised for our compassionate approach and our dedication to achieving answers and compensation for our clients. You can read some of our reviews here

We are based in Central London but have offices nationwide.

We maintain a broad network of legal resources and experts. Our lawyers are members of a number of professional bodies which include:

• Police Action Lawyers Group;
• Inquest Lawyers Group;
• Young Legal Aid Lawyers;
• Legal Aid Practitioners Group (LAPG)
• Association of Personal Injury Lawyers (APIL)
• Association of Child Abuse Lawyers (ACAL)

We invite you to complete the enquiry form available on our website. You can complete the form yourself, or a member of our administrative team can assist you with this by phone or in person at one of our offices. Once your enquiry is submitted, it will be reviewed and we aim to respond within 14 days.

Please contact us on 0208 299 6000 or email info@gtstewart.co.uk should you require any assistance.

Legal Aid funding is available for a range of civil work in claims against public authorities. To determine whether you are eligible for Legal Aid funding, we will undertake an assessment of your means, as well as an assessment of the merits of your case. If you require representation at an inquest where Article 2 of the Human Rights Act may be involved, an assessment of income and capital is not required.

If you are not eligible for Legal Aid funding, we offer alternative funding arrangements and we can discuss with you the best way to fund your case.

There are a number of ways to find your case. These are:

• Legal Aid
• Conditional Fee Arrangements
• Fixed Fee
• Private
• Legal Expenses Insurance / Before-the-Event Insurance

Actions against the Police

Unlawful use of force against our client

Our client, a young black man, went to the supermarket and rented a bike to make his way home.

Whilst cycling home, an officer stepped into his path on the road, forcing him to swerve suddenly to avoid collision. After safely navigating past the officer, he continued on his route home and left his bike on the side of the road. When he turned onto a side road, he was stopped by a number of police officers. One officer immediately took out her Taser and threatened to use it. Despite our client complying with the officer’s requests throughout, the officer continued to threaten him and eventually deployed a Taser, causing him injury.

Following pre-action correspondence, we successfully negotiated a settlement of £12,000.

Police dog attack

Our client was fourteen years old when he was attacked by a police dog.

Our client, a fourteen-year-old boy, was walking with friends in a public park when he was suddenly attacked by a police dog. The dog’s handler pulled the dog off, but not before our client sustained severe injuries. Despite the presence of six officers who witnessed the incident, none stopped to assist our client.

Our client was taken to hospital. He was hospitalised for four nights and had two major operations. For six months, our client struggled to walk properly and was left with permanent scarring on his left leg.

We successfully negotiated a settlement of £30,000 for our client.

Failure to investigate

This case was brought against the Chief Constable of Durham Constabulary, following a breach of Article 3 for failing to conduct an effective investigation into allegations of crime involving serious violence against our client.

Our client was assaulted by other prisoners, resulting in serious wounds. The case was referred to the Police, but no further action was taken against the perpetrators. A Victim Right to Review failed to resolve the matter so we wrote on the Claimant’s behalf to seek compensation for the failures to take appropriate investigative steps, including interviewing the potential suspects in the incident.

Having effectively progressed this case on behalf of our client, we were ultimately able to obtain settlement for £7,000.

Inquest

Article 2 Inquests

We support families across the country with Inquests arising from deaths whilst in state detention. An example of the cases we have dealt with include:

• Assisting a family seek answers about events leading up to the death of their loved one who had been deemed to be a missing person at the time of her death. Following the inquest, the Coroner sent a Prevention of Future Deaths report to Hampshire & Isle of Wight Constabulary. Further information on the Inquest can be found here.
• We represented a family at an inquest where the deceased was discharged from a mental health hospital with inadequate follow-up support and care. The Coroner recorded several failures in the care given to him. Following our ongoing involvement and assistance throughout the inquest, we were able to obtain a Prevention of Future Deaths report in relation to concerns about the quality of risk assessments conducted by Essex University Partnership NHS Foundation Trust. Further information on the Inquest can be found here.

Post-Inquest civil claims

We dealt with a post-inquest civil claim against Barnet, Enfield and Haringey Mental Health Trust. Following service of a Schedule of Loss, we negotiated a settlement of £500,000 and secured a written apology.

Actions against Prisons

Assaults by prison officers

Our client, a vulnerable prisoner, had a claim for assault and battery against a prison.

Our client was a black man and he alleged that he was subjected to derogatory comments by a prison officer. Subsequently, our client alleged that same prison officer subjected him to a significant use of force, including forcing his head towards the floor and pulling him into a tight headlock.

We secured a substantial settlement of £8,750 on behalf of our client and avoided the need to start Court proceedings.

You have been very professional and have gone above and beyond to ensure I received justice for the crimes against me. I would highly recommend you and your company to anyone in the future, as it has only been a positive experience working with you