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Anne Whyte QC

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Education

  • Oxford University BA (Hons)
  • Inns of Court School of Law, Bar Vocational Course

Memberships

  • Personal Injury Bar Association
  • Professional Negligence Bar Association
  • Criminal Bar Association

Areas of Work

  • Civil Litigation
  • Clinical Negligence
  • Criminal
  • Public Law
  • Police Law

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General Profile

During her nineteen year practice as a common law junior, Anne conducted a wide range of civil, criminal and coronial litigation. She took silk in 2010.  Her civil work includes regular high value  personal injury and clinical negligence litigation often but not exclusively for Claimants, Judicial Review and cases involving civil claims brought against the police. She is highly experienced in the valuation of civil claims and in client care handling. She also appears regularly at inquests.

 Anne is authorised to sit as a Deputy High Court Judge in the Queens Bench Division.

Anne has always maintained a criminal law practice and acts on behalf of both the prosecution and defence.  In recent years she has been involved in a variety of long and complex prosecutions including fraud, money laundering, organised crime, sexual offending, gangland shootings and murder including the shooting of Liverpool schoolboy Rhys Jones. She was instructed to act as junior counsel in counter terrorism cases on behalf of the Counter Terrorism Unit in London and has continued this type of work in silk. She is instructed in the administrative law challenges resulting from such work and has experience of HSE prosecutions.  She prosecuted Coronation Street actor William Roache for non-recent sexual offences. She has recently successfully defended a Chief Constable, prosecuted in a corporate capacity for health and safety offences arising from the fatal shooting of a criminal suspect.

 
The diversity of her practice and her broad experience ensures that she is fully conversant with the legal and procedural principles governing a wide range of civil and criminal litigation and is able to analyse and assess the impact of legislation and case law in all cases that she is instructed on.

Anne's expertise has been acknowledged in the 2014 Legal 500 Leading Silks and recommended barrister list in the following areas:

  • Northern Circuit - Public Law - Leading Silk -  Experienced in judicial reviews.
  • Northern Circuit - Regulatory, health and safety, and licensing - Leading Silk and recommended barrister - Experienced in HSE proceedings and inquests.

 She has also be acknowledged in the Chambers UK - The Bar 2015:

  • Police Law - Anne Whyte of Atlantic Chambers -Undertakes instructions on behalf of police authorities in everything from Coroners' Courts proceedings to judicial reviews of current policy and practice.  She further acts in civil claims brought against the police.  Expertise: "She consistently provides exceptional advice and demonstrates fantastic ability throughout complex cases".

 

Criminal Law

Anne has practiced law in the criminal as well as the civil courts throughout her career and has therefore gained experience in all aspects of criminal law and procedure.  She conducts cases on behalf of both the prosecution and the defence.  She regularly appears in the Crown Court and in the Criminal Division of the Court of Appeal.  Anne's criminal work regularly brings her into contact with vulnerable witnesses and complainants and she is well versed in assisting with the process of achieving best evidence, using special measures and ensuring that any restriction of reporting is lawfully and proportionately managed.
 
Previous,current cases include:

  • Defence of Chief Constable prosecuted in a corporate capacity for alleged failings in the planning for the arrest of suspects, one of whom was fatally shot by a firearms officer;
  • Prosecution of retired teacher for commission in 1970's of over 70 indecent assaults at a preparatory school in Cheshire;
  • Prosecution of Coronation Street actor, William Roache for alleged rape and indecent assaults committed in 1960's;
  • Prosecution of a criminal solicitor for perverting the course of public justice;
  • Prosecution of a murder committed in HMP Altcourse;
  • Prosecution of £1.4 million property scheme fraud;
  • Historical Sexual Offences both on behalf of the prosecution and the defence;
  • Domestic murders resulting from long term abusive relationships;
  • Gangland murders including the shooting of Liam Smith, the Liverpool schoolboy Rhys Jones and the killing of Tony Bromley; 
  • Murders involving miscellany of weapons from guns, knives, machetes;
  • Baby shaking;
  • HSE proceedings arising out of fatality at work;
  • Breaches of Environmental Law;
  • Fraud;
  • Conspiracy to supply Class A drugs (£166 million);
  • Possession of prohibited firearms (sub machine guns);
  • Manslaughter - street violence, single punch, use of car as weapon, and lesser  offences  of assault; 
  • Counter terrorism - Operations Gingerbread and Snapdragon;
  • Possession of firearms by gang factions;
  • Organised football violence;
  • Organised and individual money laundering;
  • Serious sexual offending including rape - rape by family members, family friends, strangers, rape of prostitutes and children, rape of mother by son etc.;
  • Criminal Cases Review Commission referrals;
  • Confiscation/Restraint/Forfeiture under POCA 2002 and pre POCA legislation;  

 

This assortment of cases means that Anne is highly experienced in the following:

  • Handling/cross examination of both lay and expert witnesses.  Expert witness topics will include forensic science, safety at work, medical/pathological evidence, visual imaging, cell siting, terrorist affiliation, ballistics, scene reconstruction, false memory etc.
  • The presentation before a jury of complex factual and expert evidence;
  • Joint Enterprise;
  • The analysis and presentation of hearsay and bad character material;
  • The construction or de-construction of submissions about admissibility of evidence;
  • Difficult disclosure decisions and section 8 applications;
  • PII;
  • Cross examination of defendants;
  • Abuse of process submissions on various grounds including bad faith, delay, seizure of privileged material;
  • Working in a large team, managing the delegation of tasks and making myself as accessible as possible to the whole of the team.



Her experience of police law, judicial review, employment law and other civil litigation has always enabled her to understand the legal framework of any set of circumstances arising in a criminal context and to identify potential satellite issues and grounds of administrative law challenge.  She regularly acts for local police forces and recently appeared in the case of Hookway which concerned a challenge to the maximum periods of pre-charge police detention.
 
Anne continues to represent both the prosecution and defence in silk and to undertake regulatory work. 

Anne's expertise has been acknowledged in the 2014 Legal 500 Leading Silks and recommended barrister list in the following areas:

  • Northern Circuit - Public Law - Leading Silk - Experienced in judicial reviews.
  • Northern Circuit - Regulatory, health and safety, and licensing - Leading Silk and recommended barrister - Experienced in HSE proceedings and inquests.

 

Civil Litigation

As a junior Anne built up an extensive practice in personal injury and clinical negligence work. She is also instructed to appear at Inquests and in cases of Judicial Review. She is expert in the handling and cross examination of expert witnesses and in the presentation of complex factual and expert evidence. She fully understands the need to work within a team and to be accessible to those instructing her.

She has regularly conducted employer's liability cases for Claimants and Defendants. She has acted for insurers both in employers and public liability cases.  Such claims involve allegations, some of them historic, against the police for alleged failures to manage or apprehend perpetrators of physical and sexual violence.  These cases generally involve allegations against other public agencies such as local authorities, NHS Trusts, the probation service, the CPS.  She also conducts claims brought against police forces for wrongful arrest, assault, malicious prosecution and misfeasance in a public office.  She is experienced in all litigation arising from workplace accidents and deaths resulting from criminality including personal injury litigation, inquests and HSE and other proceedings in the Crown Court.

Anne will undertake work on a private and CFA basis as well as work that is funded by the Legal Aid Agency.

Her workload includes complex and high value advisory work, drafting, round table negotiations and trial presentation. This, combined with her other areas of work allows her to bring the following essential and comprehensive skills and abilities to the fore:-

  • Conferring with and cross examining a wide range of lay and expert witnesses;
  • Analysing and presenting complex factual, medical and other expert evidence;
  • Evaluating risk and quantum in cases of all values;
  • Handling anxious clients with care and realism;
  • Working in and being accessible to the team involved in the conduct of the litigation.

 

Anne has experience in all aspects of clinical negligence from consent to limitation, from medium value common place clinical errors to high value birth and catastrophic injuries.  Her clients include patients of all ages and those bringing claims as secondary victims.

In addition to the work referred to above, Anne is also instructed to advise and act on behalf of police forces. These instructions can require an enormous variety of legal expertise including issues of professional discipline, employment law,  judicial review, civil law damages, human rights law, HSE, Coronial  and media law

Current/recent case load includes the following type of claims/cases:-

  • Historic Civil claim brought against public authority in Isle of Mann for failure to prevent violence towards child Claimant during period of fostering in 1980's;
  • Inquest into the death of a woman who committed suicide after a jury acquitted a defendant accused of her rape and the rape of other women;
  • Civil claim brought against multiple public authorities including police, probation service, local authority and NHS for failure to prevent sexual and physical violence towards claimant (and inquest preceding the claim);
  • Civil claim brought against multiple public authorities for failure to prevent domestic violence and death of a mother and her children (and inquest preceding the claim);
  • Civil claim brought against police and others for failure to prevent an abused mother from killing her children (and inquest preceding the claim);
  • Civil claim including claim for breach of human rights brought by dependant of murdered woman against a multi-agency public body;
  • Human Rights claims arising from issues referred to in previous examples listed;
  • Civil claims by female patients for damages arising from sexual assault committed by GP during medical examinations;
  • Catastrophic injury arising out of occupier's/employer's negligence;
  • Acting on behalf of corporate defendant in HSE proceedings arising out of fatal accident at work;
  • Credit hire litigation;
  • Fatal Accident claims arising out of workplace accidents, RTA's and clinical negligence;
  • Inquest into the fatal shooting of a police officer during a firearms training exercise;
  • Inquest into the shooting of a suspected criminal by police officer;
  • Several inquests arising out of domestic violence killings;
  • Inquest into death by carbon monoxide poisoning;
  • Inquest into road traffic fatality during attempted police stop/pursuit;
  • Judicial Review concerning the power to order production of journalist's material, privilege against self incrimination, use of special advocates, human rights;
  • Judicial Review concerning lawfulness of arrest and detention under Terrorism Act 2000, search warrants, jurisdiction of Judicial Review, Human Rights, use of Special Advocates.
  • Claims under the Human Rights Act 1998 - alleged breaches of Articles 2,3,8 and 14;
  • Resisting application for declaration of incompatibility concerning  counter terrorism legislation and article 5;
  • Damages for complicity in torture;
  • Damages for stroke induced by negligent prescription of contraceptive;
  • Damages for brain damage resulting from negligent provision of anaesthesia;
  • Damages for loss of sight arising from failure to diagnose and treat hypertension;
  • Ex turpi causa in road traffic context;
  • Permanent and high value injuries arising out of road traffic collisions.

Anne's expertise has been acknowledged in the 2014 Legal 500 Leading Silks and recommended barrister list in the following areas:

  • Northen Circuit - Public Law - Leading Silk - Experienced in judicial reviews.
  • Northern Circuit - Regulatory, health and safety, and licensing - Leading Silk and recommended barrister - Experienced in HSE proceedings and inquests.

 

 

 

 

Clinical Negligence

Anne has experience in all aspects of clinical negligence from consent to limitation, from medium value common place clinical errors to high value birth and catastrophic injuries.  Her clients include parents of all ages and those bringing claims as secondary victims.  Current and most recent cases include:-

  • Failure to obtain informed consent;
  • Missed/delayed/wrongful diagnosis;
  • Gynaecology and obstetrics;
  • Failed orthopaedic and plastic surgery;
  • Paediatric surgery;
  • Failed vascular treatment;
  • General practice.

Anne's expertise has been acknowledged in the 2014 Legal 500 Leading Silks and recommended barrister list in the following areas:

  • Northern Circuit - Public Law - Leading Silk - Experienced in judicial reviews.
  • Northern Circuit - Regulatory, health and safety, and licensing - Leading Silks and recommended barrister - Experienced in HSE proceedinngs and inquests.
Reported Cases
  • R v Dennis O'Brien (Kelly) [2013] EWCA Crim 128 - disclosure, summing up, bad character.

 

  • The Queen (on the application of the Greater Manchester Police) v Salford Magistrates Court [2011] EWHC 1578 (Admin) - warrants of further detention, bail, custody time limits.

 

  • Sultan Sher & others v (1) The Chief Constable of Greater Manchester Police, (2) The Chief Constable of West Yorkshire Police, (3) City of Westminster Magistrates Court, (4) Manchester magistrates Court, (5) Secretary of State for the Home Department [2010] EWHC 1589 (Admin) - power to order production of journalist's material, privilege against self-incrimination, use of special advocates, human rights.

 

  • Attorney-General Reference (No 16 of 2009) (R v Yates) - the Times, November 6 2009, CA - Guidance on offence of assisting an offender.

 

  • Shiv Malik v (1) Manchester Crown Court (2) Chief Constable of Greater Manchester Police [2008] EWHC 1362 (Admin) - production orders, power to order production of journalist's material, privilege against self-incrimination, use of special advocates, human rights.

 

  • R v T [2007] Crim.L.R 160 (CA) - admissibility of bad character evidence under 2003 CJA in case of historic sexual abuse,

 

  • R v O [2006] Crim.L.R 918 (CA) - admissibility of evidence relating to previous complaint under CJA 2003 in case of family sexual abuse.

 

  • R v Ashurst (Attorney Generals Reference) CLW/04/41/21.

 

  •  R v Thomas [2002] Crim.L.R. 912 (CA).

 

  • Foulkes v Chief Constable Merseyside Police 1998 3 All ER 704 CA - powers of arrest, breach of the peace.

 


 

Chambers UK Bar 2014 Leading Individual Legal 500 recommended 2013 Legal 500 2014 - Leading Individual Legal 500 2014 - Recommended Barrister AW Chambers UK Bar 2015 Legal 500 2015 - Leading Individual Legal 500 2016 - Leading Individual
AW

Year of call: 1993

Inn: Lincoln's Inn

Area: Civil Litigation
Clinical Negligence
Criminal
Public Law
Police Law

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