Partner

Kate Maynard

Partner

Kate Maynard is described by Chambers UK Guide as “extremely thorough, personable, professional and incredibly generous with her time."  Kate specialises in civil cases relating to the criminal justice system.  Her particular areas of expertise and interest are civil actions against the Ministry of Justice and police, representing bereaved families at inquests into deaths in custody, and representing victims of crime who have been failed by the criminal justice system.  She also undertakes public law work, particularly where the challenges relate to her main practice areas.

In terms of ongoing inquest cases, Kate currently acts for the family of Dalian Atkinson who died after being tasered by West Mercia Police in August 2016, and the family of Prince Kwabena Fosu who died while segregated in Harmondsworth Immigration Removal Centre, in October 2011.

Kate has acted for defendants in injunction cases brought against protesters by multinational corporations and conducted successful miscarriage of justice compensation claims.  Her ongoing judicial review claims include a challenge to the IPCC for failure to give reasons in determining a police complaint appeal relating to the exercise of police powers under Schedule 7 Terrorism Act 2000, a challenge to the security categorisation of a disabled prisoner and a linked challenge to the Criminal Legal Aid (General) Regulations 2013.  The latter relates to a prisoner who received life-threatening injuries and brain damage in an attempted murder in prison which is subject to an Article 2/3 compliant investigation which was forced on the Ministry of Justice by a successful judicial review.

Since 2005, Kate has been instructed on behalf of victims of torture and war crimes from more than ten conflict zones to obtain justice under the legal principle of universal jurisdiction.  She has prepared and conducted cases that have been presented to the courts in the UK, New Zealand, Netherlands and Spain.  She is currently instructed on behalf of a victim of the Nakba day shootings in Lebanon on 15 May 2011.

Kate’s notable cases include Radislav Krstic v Ministry of Justice in which she successfully sued the MOJ for damages for negligently failing to prevent the Claimant from being seriously attacked and left for dead by other prisoners in a high security prison, The Ministry of Justice (Sued as the Home Office) v Scott [2009] EWCA Civ 1215 (20 November 2009) - in which the Court of Appeal held that a lay complainant is a prosecutor for the purposes of the tort of malicious prosecution if “in substance they procured the prosecution”.  Paul Smith v Ministry of Justice was the rare trial of an action by a prisoner who was assaulted by prison officers in the segregation unit of HMP Parkhurst.  The successful judgment handed down on 2 September 2009 criticised the prison officers, prison management (for their failure to investigate) and their lawyers (for serving composite witness statements).  In Zolla v Goad [2010], the victim of a prolific paedophile bravely faced his abuser in court and successfully sued him for damages.

kmaynard@hickmanandrose.co.uk