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Lawful Killing conclusion in the inquest into the death of Sean Fitzgerald following a fatal police shooting

22nd May 2025

The inquest into the death of Sean Fitzgerald concluded yesterday in Warwick Combined Court. The inquest was held before Sir John Saunders sitting with a jury and lasted for 6 weeks.

The jury returned a conclusion of Lawful Killing together with a narrative.

Mr Fitzgerald died on 4 January 2019 after being shot by a police officer who was involved in an operation to search an address in Coventry. Mr Fitzgerald was believed to be a member of an organised crime group (OCG) that was engaged in offences involving drugs and violence and had access to firearms. Mr Fitzgerald was not armed when he was shot.

Gerry Boyle KC and Stephen Morley acted for West Midlands Police, whose firearms team were involved in the search operation.

James Berry KC and Chloe Hill acted for West Mercia Police, whose officers were members of the Regional Organised Crime Unit that was conducting the investigation into Mr Fitzgerald and another member of the OCG.

Elliot Gold represented the IOPC at an earlier stage of the proceedings.

The case has attracted significant media coverage.


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Sophia Roper KC successfully acts on behalf of the Children’s Guardian in the Court of Appeal

1st May 2025

Sophia Roper KC successfully acted on behalf of the Children’s Guardian in an appeal which has conclusively established that a local authority cannot, by virtue of a care order, give valid consent to the confinement of a child which it has placed in circumstances depriving him of his liberty, reversing the decision of Lieven J in the High Court to the contrary.  In doing so, the court set out important principles relating to Article 5 of the European Convention on Human Rights which will have application beyond the scope of family law proceedings: J v Bath and North East Somerset Council & Ors [2025] EWCA Civ 478.

Sophia led Libby Harries of Albion Chambers, Bristol, in this significant appeal, ultimately supported by all other parties and four interveners, including the Secretary of State for Education.  At first instance Lieven J had held that the local authority could give consent to the arrangement for J’s care and that his situation did not fall within the scope of Article 5 at all, depriving him of all the protections to which he was entitled under the ECHR: Re J : Local Authority consent to Deprivation of Liberty [2024] EWHC 1690 (Fam).

King LJ stated: “Put simply, in order to satisfy the requirements of Art 5, there must be an independent check on the State’s power to detain. The local authority is an organ of State which, albeit acting in their best interests, is confining the child. The second limb of Storck requires there to be valid consent to that confinement. It is as Ms Roper submitted, inconsistent with Art 5 for that organ of State to ‘both create the conditions in which a vulnerable person is confined and then to be able to give valid consent [to that confinement] so as to remove the case from Art 5.’”

Sophia and Libby were instructed by Ruth Slader of Daniel Woodman on behalf of the Children’s Guardian.


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Sarah Clarke KC celebrates her final year as Course Director of the world renowned South Eastern Circuit, Tim Dutton CBE KC Advanced International Advocacy Course

25th April 2025

Sarah Clarke KC celebrated her final year as Course Director of the world renowned South Eastern Circuit, Tim Dutton CBE KC Advanced International Advocacy Course, held annually at Keble College, Oxford.

This course is the longest running and most famous advocacy course in the world and for over 30 years its faculty, comprising senior judiciary, Silks and Juniors of the highest calibre from the UK and international jurisdictions, has trained advanced advocates from the England and Wales Bar as well as international advocates from all over the world.

Sarah is the first Woman Course Director of this prestigious course and is proud to have been a part of the teaching faculty and organising team for over 25 years.


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New Police (Vetting) Regulations published; permission to appeal in Di Maria

23rd April 2025

The Home Secretary has today laid before Parliament Police (Vetting) Regulations to address the lacuna identified by the Administrative Court in R (Di Maria) v Commissioner of Police of the Metropolis [2025] EWHC 275 (Admin).

The Vetting Regulations provide a process for police officers’ vetting clearance to be reviewed and, where appropriate, removed. Officers whose minimum vetting clearance is removed must be dismissed. The Regulations also provide for an internal appeal against the removal of vetting, and for an appeal to the independent Police Appeals Tribunal. The Regulations will come into force on 14 May 2025.

The announcement has generated significant media coverage.

Separately, the Court of Appeal has granted the Commissioner permission to appeal against Lang J’s decision in Di Maria.

John Beggs KC and James Berry KC appeared for the Metropolitan Police Service in Di Maria along with Katherine Hampshire.

John and James advised the Metropolitan Police Service on its representations to the Home Office with respect to the proposed Police (Vetting) Regulations.


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Awards

Angus Moon KC 1986 | 2006    Joint Head of Chambers
Michael Horne KC 1992 | 2016    Joint Head of Chambers
Adrian Hopkins KC 1984 | 2003
John Beggs KC 1989 | 2009
Michael Mylonas KC 1988 | 2012
John de Bono KC 1995 | 2014
Dijen Basu KC 1994 | 2015
Nageena Khalique KC 1994 | 2015
Katie Gollop KC 1993 | 2016
Simon Fox KC 1994 | 2016
Bridget Dolan KC 1997 | 2016
Gerard Boyle KC 1992 | 2017
Sarah Clarke KC 1994 | 2017
Debra Powell KC 1995 | 2017
Jon Holl-Allen KC 1990 | 2018
Mark Harries KC 1995 | 2019
Ian Skelt KC 1994 | 2020
Sophia Roper KC 1990 | 2022
Claire Watson KC 2001 | 2022
Neil Davy KC 2000 | 2023
Emma Sutton KC 2006 | 2023
George Thomas KC 1995 | 2025
Rachel Spearing KC 1999 | 2025
James Berry KC 2006 | 2025
Laura Nash 2009
Jemma Lee 2010
Liam Duffy 2012
Chloe Hill 2019
Sir Robert Francis KC 1973 | 1992    Associate Member
James Watson KC 1979 | 2000    Associate Member
His Honour Brian Barker CBE KC 1969 | 1990    Associate Member
Natalie Cargill 2016    Associate Member
Susan Burden 1985    Door Tenant
Anthony Jackson 1995    Door Tenant
Benedict Wray 2009    Door Tenant