Sarah Hemingway specialises in civil liberties and human rights, regularly representing claimants in civil jury trials, appeals, and judicial reviews. She acts on behalf of bereaved families in inquests and inquiries, and in complex claims against prisons and other state bodies.
Her areas of special interest include constitutional rights, discrimination, police law, prison law, protest law, children’s rights, data protection, national security and international law.
Sarah also has experience in Mental Health Law, Media Law and Defamation.
Claims Against the Police and Public Authorities
Overview
A major part of Sarah’s practice involves civil claims against public bodies, with a particular focus on actions against the police. She is a leading barrister in police law, highly experienced in jury trials involving complex legal points, serious misconduct, discrimination and human rights claims. She has particular expertise in claims for false imprisonment, assault, malicious prosecution, misfeasance in public office, and other torts Sarah also has specialist experience in representing children, women, BAME individuals, and those with special needs or otherwise vulnerable.
Sarah has a high rate of success at trial and frequently secures significant settlements at earlier stages through considered pleadings and robust negotiations. Sarah’s notable cases include the seminal cases of Hayes v Chief Constable of Merseyside Police [2012] EWCA and ST v Chief Constable of Nottinghamshire Police [2022], which remain leading authorities on the necessity of arrest and the arrest of children, respectively.
Notable Cases
Recent notable cases can be viewed below. Click here to see a list of more notable cases.
Reynolds v Chief Constable of Kent Police [2024] – Established that findings of fundamental dishonesty do not operate to dismiss meritorious claims against the police in false imprisonment.
Craven v Chief Constable of Lancashire Police [2023] – An appeal to challenge the lawfulness of detention for the purposes of a ‘Fitness to Release’ assessment. This will be the first time the High Court has commented on this issue and will ultimately be a lead case in the detention of suspects in police custody once they are no longer suspected of having committed an offence.
ST v Chief Constable of Nottinghamshire Police [2022] – The lead case on the arrest of children and was the first higher judicial commentary on the matter.
Pilgrim v (1) Commissioner of the Metropolitan Police, (2) Chief Constable of Bedfordshire Police, (3) Ministry of Justice (Bedford Prison) [2022] – A complex case of false imprisonment, assault, breach of the Data Protection Act, and Article 5 ECHR that successfully settled.
Coakley v Chief Constable of Merseyside Police [2022] – Wrongful arrest and detention of a woman who was a victim of domestic violence.
Kennedy v Chief Constable of Merseyside Police [2022] – Trespass and assault of a man suffering from mental health illness.
Kennelly v Chief Constable of Nottinghamshire Police [2021] – Misuse of a police vehicle as a weapon and negligence.
Older notable cases include:
Hayes v Chief Constable of Merseyside Police [2012] – The Court of Appeal established the key principles regarding the “necessity of arrest” requirement.
S & Marper v UK [2008] – Sarah worked on this case as a pupil, wherein the ECtHR unanimously held that the blanket retention of DNA breached Article 8 of the ECHR.
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Inquests and Inquiries
Overview
Sarah is one of the leading experts in this area, regularly instructed in high-profile cases, often before a jury, where there is potential wrong-doing on the part of state agencies requiring a need to determine the truth of what happened and what lessons need to be learnt to prevent future deaths.
She is highly experienced at representing the families and loved ones of those who have died in police custody or prisons, those whose deaths occur soon after contact with authorities and those who were in the care of health authorities or otherwise vulnerable in the community. She also has significant expertise in deaths at work or those involving prospective prosecutions by the Health and Safety Executive. Sarah has a proven track record in successful civil claims arising from critical inquest conclusions, securing substantial damages for grieving families. She has considerable experience in complex claims involving a number of different state actors. One recent, ground-breaking case involved a privately run prison, which ultimately admitted to breaches of Article 2 of the ECHR and paved the way for other such civil claims against poorly run prisons.
Sarah is currently instructed as Deputy First Junior to the Undercover Policing Inquiry (ongoing instruction since 2020).
Notable Cases
Recent notable inquests include:
Inquest into the death of Danny Anderson (2024) – A finding of neglect in a community mental health death.
Inquest into the death of Ricardo Holgate and linked civil claim by his mother Denise Johnson (in her own right and for the estate of Ricardo Holgate) v G4S Care and Security Services Ltd (2023) – The jury returned critical findings of the G4S-run prison and the consequent civil action was a first in terms of admissions and damages.
Inquests into the deaths of two brothers, Jason O’Rourke in HMP Belmarsh and Stephen O’Rourke in HMP Wandsworth (2021 & 2023) – The jury concluded that there had been significant failures in both cases and there are ongoing civil claims against both prisons.
R (oao Linda Ginn) v HM Senior Coroner for Inner North London (Defendant) and (1) Ministry of Justice (2) Care UK (interested parties) (2022) – This case established key principles for the approach of Coroners throughout the country in summing up and directing the jury.
Inquest into death of Bathsheba Shepherd (2021) – The murder of a vulnerable woman in her own home by her vulnerable housemate raised serious questions about the policies and procedures around managing mental health of vulnerable adults in social housing in the community and led to a successful civil claim for the family.
Inquest into the death of Lisa Skidmore (2021) – The murder of a nurse in her own home by a convicted offender shortly after he was released on parole. The investigation involved an independent review by Dame Glenys Stacey, personal involvement from the then Justice Minister Rory Stewart, and the matter was raised at Prime Minister’s Question Time. A successful civil claim on behalf of Lisa’s mother, who was also attacked, was brought against the police, the Secretary of State for Justice, and the National Probation Service.
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Prisoners’ Rights
Overview
Sarah has extensive experience of civil claims brought by prisoners, judicial reviews, Habeus Corpus, prisoner adjudications, parole board hearings. She regularly advises on potential challenges to length of detention, recall, prisoner complaints and other civil actions or human rights claims arising from the prison context.
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Administrative and Public Law
Overview
Judicial Review
A significant part of Sarah’s practice features judicial reviews arising from the criminal justice system, including challenges to the decisions of police, prisons, the Parole Board, the Independent Police Complaints Commission, magistrates, the Criminal Cases Review Commission, CICA, and Coroners. She has a particular specialism in cases involving unlawful detention, prosecutions, and coronial law.
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Protest Rights
Overview
Sarah has substantial experience in the area of protest, including multi-handed protest cases in the criminal context as well as civil claims arising from mass protests, from arrests arising out of Climate Camp and the ‘Plane Stupid’ campaigns of the 2000’s to more recent anti-fracking and environmental campaigns, mass demonstrations, hunt sabbing, and political campaigns/groups such as Anonymous, ANTIFA, and protests against political parties. Over the past two decades, Sarah has provided training and materials for various NGOs and organisations and contributed to publications concerning the rights of protestors.
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International Human Rights
Overview
Sarah has worked extensively on human rights issues at the international level over the past two decades: with the UN Office of the High Commissioner for Human Rights (Bosnia and Herzegovina), working on issues concerning Roma rights, the rights of victims of trafficking, and the economic, social, and political rights of different ethnic groups post-war; with the Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (Poland), focusing on human rights training; and as a human rights advisor to training at the police college (Northern Ireland), focusing on the integration of human rights standards and principles into all areas of policing, in accordance with the recommendations of the Policing Board of Northern Ireland.
Sarah has also worked internationally as a human rights expert for the Council of Europe, training police in developing countries (completing missions in Georgia, Albania, Azerbaijan, and Russia) and has represented Northern Ireland at international seminars held in Paris and Strasbourg.
She has completed electoral observation missions in Bosnia and Herzegovina and trial monitoring in Turkey, reporting on the rights of workers and the effects of unionization and unfair dismissal in large industries.
