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Rose Silvester

Associate

Rose joined Weightmans in July 2013 and is an associate in the police team. She has acted for police forces across England and Wales since 2004.

Rose deals predominantly with police malfeasance claims including claims for negligence, assault, wrongful arrest and false imprisonment, malicious prosecution, misfeasance in public office, wrongful conversion of goods and claims involving the Human Rights Act and the Data Protection Act. Rose has also handled a number of stress claims brought by serving police officers.

Rose has a developing interest in judicial review cases, particularly regarding the deletion of data retained on police systems and the administration of police cautions. She regularly settles summary grounds of resistance in judicial review proceedings and drafts detailed grounds. She also recently prepared guidance for Surrey and Sussex Police regarding deletion of data in more serious offences, particularly sexual offences. Rose recently advised the British Transport Police in relation to deletion of a caution in a case that was widely reported in the media as the case involved the use of a so-called spit hood and the incident was filmed on social media. She is now advising the force in relation to the connected civil proceedings.

Rose is currently dealing with a case in the High Court involving the applicability of qualified one way costs shifting to mixed claims against the police.

Rose has a number of reported cases including the important case of Kevin Gregory v The Commissioner of Police of the Metropolis which involved the procedure involved in applications for jury trial in false imprisonment cases. She has a number of civil jury trials running in the high and county courts each year.

Rose also has experience of magistrates’ court work for the police including Proceeds of Crime Act input, applications involving anti-social behaviour, sexual offences, drugs offences and, more recently, domestic violence protection orders. Rose is part of the in-house team which advises Surrey and Sussex Police on operational and civil matters.

Rose runs the Weightmans Twitter account for police law matters of interest and has had published articles in Police Professional magazine, Westlaw and Lexis Nexis. She regularly drafts legal updates for clients and provides external training. Rose is the newly-appointed technical lead for police law within the firm with responsibility for training, seminar packages for the police team and ensuring the team are up to date with changes in this fast-moving area of the law.

Published

Insights R (on the application of Sisangia) v The director of legal aid case work

Executive summaryThe claimant applied for judicial review of a decision dated 4 December 2013 of the Director of Legal Aid casework (“the…