Anne Whyte KC

Hugely experienced in both inquests and public inquiries, Anne Whyte KC is particularly highly regarded for her expertise in handling public law matters on behalf of police forces.

Overview

Anne regularly provides advice and advocacy in respect of administrative law, particularly in cases which engage the interface between criminal, public and civil law. 

Experience - Review and Inquiries

In 2020 Anne was instructed by UK Sport and Sport England to conduct an independent review into gymnastics in the UK. In 2020 the sport was rocked globally by a series of abuse scandals which prompted reviews in various countries. Assisted by a secretariat from Field Fisher and by junior counsel from QEBHW, Anne hosted a call for evidence and conducted a deep and forensic investigation into the cultures prevailing in the sport and its governing body, British Gymnastics. Anne scrutinised the training atmospheres and experiences of gymnasts and coaches, the systems in place for safeguarding and welfare and the procedures in place for managing complaints. Her report was published in 2022.

Anne was also instructed with Julian Evans to represent Greater Manchester Police in the Statutory public Inquiry into the shooting of Anthony Grainger. Mr Grainger was an unarmed suspect who was shot during a highly sensitive police firearms operation. Anne and Julian acted for the force and for the majority of police officers giving evidence before the Inquiry.

Experience - Public Law Challenges

Anne has extensive experience of public law challenges, particularly those which involve overlapping criminal law issues. The work that she has conducted for police forces has regularly thrown up judicial review claims including challenges to production orders, search warrants, football match policing, categorisation of inquests, PACE custody time limits, firearms certification and jurisdictional costs issues. She is used to getting involved at an early stage of potential claims and of using her skill and industry to achieve timely identification of the real issues and where appropriate swift resolution of the litigation. Current instructions include advising a force on cross border powers of arrest in terrorism cases. 

Experience – inquisitorial proceedings

Anne also has lengthy experience of inquisitorial proceedings, including coroners' inquests and has recently acted for the Greater Manchester Police in the Anthony Grainger Public Inquiry. She provides advice and advocacy to numerous police forces in a variety of contexts including civil actions for damages and declarations, disciplinary matters and operational issues. Previous cases include:

• Defending a 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.
• Defence of civil claims brought against a local police force and other public agencies for failure to prevent various domestic violence killings (and conduct of 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.
• 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.

Notable Cases

The Whyte review
An independent investigation commissioned by Sport England and UK Sport following allegations of mistreatment within the sport of gymnastics.

Rangzieb Ahmed v Director General of Security Service (2) Chief of the Secret Intelligence Service (3) Secretary of State for Foreign, Commonwealth and Development Affairs Defendants (4) Secretary of State for the Home Department (5) Her Majesty's Attorney -General (6) Chief Constable of Greater Manchester Police [2020] EWHC 3458 (QB)
Defence of allegations that Greater Manchester Police (and others) had been complicit in unlawful detention of Claimant in Pakistan and in his torture there and subsequent alleged rendition to the UK.

Bennett v The Chief Constable of Merseyside Police [2018] EWHC 3591 (Admin)
Defence of Merseyside Police in a Case Stated concerning recoverability of costs in cash forfeiture proceedings.

R (on the application of Chief Executive of the Independent Police Complaints Commission) v Independent Police Complaints Commission [2016] EWHC 2993 (Admin) 
Procedure to be adopted when IPCC wishes to quash its own report in to a serious and unexpected death.

The Queen (on the application of the Greater Manchester Police) v Salford Magistrates Court [2011] EWHC 1578 (Admin)
Custody time limits under PACE and warrants for further detention.

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) 
Legality of search warrant in terrorism investigation and procedure under Schedule 8 Terrorism Act 2000 for applications for further warrants of detention.

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

Reviews

Chambers UK 2023: Inquests and Public Inquiries - Band 3, Police Law - Band 3

Legal 500 2023: Inquests and Inquiries - Tier 3

'Anne is a really strong performer in the field. She gets on top of her material and presents her case in court flawlessly." "Anne communicated well and made difficult decisions when required. She cut through large amounts of information effectively and efficiently, and was organised and saw the bigger picture.' Chambers UK Inquests & Public Inquiries (2023)

'She is approachable, responsive, hard-working and practical in her problem solving. She is also considered and calm in her approach and able to efficiently analyse large amounts of information.She is very thorough, personable, communicative and easy to work with.' Chambers UK Inquests & Public Inquiries (2022)

'She has a High Court judge's mind; she's steely in her submissions and is a good black-letter lawyer.' Chambers UK Police Law (2022)

'Responsive, sensitive to the position of others she is engaging with, and hard-working. Anne is good at cutting through issues to make reasoned decisions, analysing large amounts of information and asserting herself in situations where appropriate; and she takes a practical approach to problem solving, and is calm and considered in her approach.' Legal 500 Inquests and Inquiries (2022)

'She's exceptionally bright and charming; a brilliant advocate who gets to the issues quickly.' Chambers UK Police Law (2021)

'She is a highly capable advocate: forensic and calm, yet steely when necessary.' Chambers UK Inquests and Public Inquiries (2021)