Anne Whyte QC
- Lee Cadwallader
- Emma Rogers
Education and Memberships
- Oxford University BA (Hons)
- Inns of Court School of Law, Bar Vocational Course
- Silk: 2010
- Deputy High Court Judge: 2016
- Lincolns: Bencher
- Criminal Bar Association
- Professional Negligence Bar Association
- Personal Injury Bar Association
Areas of Work
- Public Law
- Clinical Negligence
- Civil Litigation
Anne is instructed in a wide range of serious crime including terrorism, homicide, drugs conspiracies, gangland killings, sexual offending (including non-recent crimes) and health and safety prosecutions. She sits as a Deputy High Court Judge in the Queens Bench Division and in the Crown Court sitting on Crime.
Anne acts for a number of police forces and is well regarded for
her police law practice which covers inquiries, inquests, judicial
reviews and human rights issues. Chambers & Partners:
"She has really good judgement. She's forceful when needed and stands her corner for the force." "Provides consistently exceptional advice and advocacy and has demonstrated her fantastic ability throughout complex cases."
In addition, Anne accepts instructions on judicial reviews, high value personal injury and clinical negligence claims.
She has been ranked consistently by the Legal 500 as a Leading Individual.
Criminal Cases include:
- Operation Sapient -Preparation of Acts of Terrorism - prosecution of two Kurdish men for researching and testing rudimentary explosive devices with a view to attack planning.
- Operation Thronewald - Preparation of Acts of Terrorism - prosecution of two men accused of drone attack planning and of planning to target military personnel with bladed instruments.
- Operation Decan - Preparation of Acts of Terrorism - responding to appeals (having prosecuted at first instance) brought by 2 defendants convicted of attack planning in UK.
- Gross negligence manslaughter - neglect by daughter of dependent mother.
- Operation Octant - Historic sexual offences dating from 1970s to early 1990s by care worker at string of homes in North West.
- Murder - domestic violence killings (by stabbing).
- Operation Topaz - Charging Advice for Manchester CPS in respect of historic baby shaking incident where victim died from related injuries a decade later.
- Appointed by the IOPC as the independent investigator into a complaint received on 15th March 2019.
- Operation Zeus - Instructed by North Wales Police to act as independent counsel to assess documents seized during searches of solicitor's office for LPP purposes.
Other Current Cases
- Representation of Greater Manchester police in respect of Anthony Grainger Public Inquiry (having had conduct of the related criminal and civil proceedings arising from the fatal shooting of a suspect by a firearms officer).
- Defending local police force in respect of High Court actions against multiple government agencies (inc SS, SIS & FCO) brought by the first member of Al-Qaeda to be convicted for directing terrorism in the UK. The claims relate to alleged complicity in unlawful arrest, arbitrary detention and torture in Pakistan.
- Defending South Yorkshire Police in High Court actions in misfeasance and false imprisonment brought by 3 men whose trial for conspiracy to murder was stayed following lapses in CPIA disclosure.
- Clinical negligence claim brought on behalf of child against a hospital trust in respect of a failure to ensure that he was feeding and failure to advise his mother in relation to the same.
- Isle of Man fatal accident claim in respect of negligently treated aortic condition.
Recent/Previous Criminal Cases include:
- Operation Tweed: Prosecution of teachers for historic offences of assault and child cruelty against children in care.
- R v L: Prosecution of a mother for the killing of her infant son.
- Operation Brume: CT Prosecution of Muslim revert for firearms offences in context of attempting to remove his children, who were in care, from the West to a Muslim Country.
- Operation Chrome: Moss Side gangland killing. Prosecution for murder, Assisting an Offender and Encouraging an Offence (Serious Crime Act 2007).
- Operation Producted: prosecution of two defendants for Dissemination of Terrorist publications and Preparation of Acts of Terrorism leading to appeal in R v Humza Ali 1 WLR 6105 concerning definition of "terrorist publication" and interplay between Article 10 and section 2 of the Terrorism Act 2006.
- Prosecution of murder committed in HMP Altcourse, Liverpool.
- Prosecution of a criminal solicitor for perverting the course of public justice (and successful response to appeal during which D's legal team gave oral evidence).
- Successful defence of Chief Constable prosecuted in a corporate capacity under the Health and Safety at Work Act 1974 for alleged failings in the planning for the arrest of suspects, one of whom was fatally shot by a firearms officer.
- Prosecuting breaches of Environmental Law on behalf of the Environment Agency, (including resulting POCA proceedings).
- Prosecution of Conspiracy to supply Class A drugs (£166 million);
- Prosecution of Coronation Street actor, William Roache for alleged rape and indecent assaults committed in 1960's;
- Prosecution (eventually returned) of £1.4 million property scheme fraud.
- R v Kahar: Prosecution of Preparation of Acts of Terrorism (travel to Syria), funding and inviting support for terrorism and dissemination of terrorist material - leading in part to landmark sentencing appeal of R v Kahar & others 1 WLR 3156.
Recent/Previous Other Cases include
- Defence of Merseyside Police in a Case Stated concerning recoverability of costs in cash forfeiture proceedings - Bennett v The Chief Constable of Merseyside Police  EWHC 3591 (Admin).
- Defence of civil claims brought against a local police force and other public agencies for failure to prevent various domestic violence killings (and conduct obo Police at Inquests preceding same).
- Representation of local police force at Article 2 Inquest, Judicial Review and in civil proceedings arising from the death of a suspect after use of taser during arrest.
- Representation of local police force at Article 2 Inquest arising from suicide of a young person arrested, detailed and then released -scrutiny of Code C of the Police and Criminal Evidence 1984 ("PACE") which, at the time, allowed 17 year-olds in police custody to be treated as adults.
- Defence of a civil claim against a local police force for false imprisonment and breach of article 5 arising from exercise of the power to detain at ports of entry under Schedule 7 to the Terrorism Act 2000.
- Civil claims against medic by female patients for damages arising from sexual assaults conducted during medical examinations.
- 7 figure settlement sum obtained for Claimant whose teenage leukaemia was diagnosed after negligent delay.
- Representation of local police force at the Article 2 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.
- Defence of claim against local police force for trespass, malicious prosecution, false imprisonment, assault/personal injury, malicious procurement of a search warrant arising out of execution of warrant pursuant to section 5 Terrorism Act 2000.
- Historic civil claim brought against a public authority on the Isle of Man for failure to prevent violence towards a child Claimant during a period of fostering in 1980's.
- Criminal Bar Association
- Personal Injury Bar Association
- Professional Negligence Bar Association
- Bencher, Lincolns Inn
Anne is an active member of chambers. She sits on the Chambers Management Committee and has acted as Complaints Officer for over 10 years
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 proceedings and inquests.
Bennett v Chief Constable of Merseyside Police Divisional Court  EWHC 3591 (Admin) - Case stated; Forfeiture; Money laundering; No order for costs; Seized money.
R v Humza Ali  EWCA Crim 547 - Dissemination of terrorist publications; Encouragement of terrorism; Freedom of expression; Jury directions; Summing up; Young offenders .
R. (on the application of Chief Executive of the Independent Police Complaints Commission) v Independent Police Complaints Commission - Divisional Court  EWHC 2993 (Admin) - Death in custody; Independent Police Complaints Commission; Police; Police inquiries; Police officers; Professional conduct; Reports; Use of force.
R v Basharat Ditta  EWCA Crim 8 |  2 WLUK 64 - Admissibility; Adverse inferences; Bad character; No case to answer; Perverting the course of justice; Previous convictions; Prosecution disclosure; Sentence length; Summing up.
- R v Dennis O'Brien (Kelly)  EWCA Crim 128 - disclosure, summing up, bad character.
- The Queen (on the application of the Greater Manchester Police) v Salford Magistrates Court  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  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  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  Crim.L.R 160 (CA) - admissibility of bad character evidence under 2003 CJA in case of historic sexual abuse,
- R v O  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  Crim.L.R. 912 (CA).
- Foulkes v Chief Constable Merseyside Police 1998 3 All ER 704 CA - powers of arrest, breach of the peace.