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Gus Silverman

Solicitor

Biography

I represent clients who have been harmed by the unlawful actions of the police and other state agencies, including the Home Office, the Ministry of Justice and the Crown Prosecution Service. I also represent clients bringing legal actions against private companies delivering services within the criminal justice system.

Many of my cases concern complaints and civil actions against the police. These include seeking accountability on behalf of clients who have been:

  • Unlawfully arrested or otherwise detained
  • Subjected to unlawful force
  • Maliciously prosecuted
  • Harassed by the police, including in relation to the unlawful use of stop and search powers
  • Discriminated against, including racially and in relation to a disability (which can include a failure by the police to make reasonable adjustments to accommodate a disability)
  • Subjected to treatment which otherwise breaches their legal rights, including in relation to the Human Rights Act and the Data Protection Act. 

I also act for the families of loved ones who have died in police or prison custody or following contact with the police.

My notable cases include:

  • Successful claim against the Chief Constable of Bedfordshire Police, representing a war veteran suffering from PTSD who was tasered by officers during his detention under the Mental Health Act, which aggravated a pre-existing psychological condition.
  • Acted for the family of Callum Smith in an inquest concerning his death in HMP Bristol. An inquest jury concluded that Callum’s death had been caused by a long list of failings on behalf of the police, prison service and healthcare providers, including repeated failures to recognise and respond appropriately to Callum’s risk of self-harm and suicide (Covered by the BBC, May 2017).
  • Acted for the family of 19 year old Ondrej Suha in an inquest concerning his death in HMYOI Brinsford. An inquest jury concluded that Ondrej’s death was caused by being told that he could be deported to Slovakia, where he had not lived since he was four years’ old, just before being locked away for the night. The jury further concluded that the prison had breached Ministry of Justice guidance on when an ambulance should be called and expressed concerns over training for prison officers as well as failures to communicate and coordinate clearly within the prison (Covered in the Guardian, March 2017).
  • Acted for the family of Abbi McAllister in an inquest concerning her death whilst detained under the Mental Health Act. Inquest proceedings concluded that Abbi’s death had been contributed to by neglect (Covered in The Guardian, January 2016).
  • Acted for the mother of ‘Child H’ in an investigation by the Independent Police Complaints Commission. Child H was arrested and restrained by Sussex Police officers (including by way of handcuffs, leg straps and spit hoods) on multiple occasions when she was 11 years old and suffering from a neurological disability. The investigation resulted in findings that various officers had cases to answer for misconduct (Covered in The Guardian, June 2016).
  • Successful civil action against the Chief Constable of Bedfordshire Police on behalf of an army veteran who was Tasered by police officers during a mental health crisis. The claim settled for £50,000, reportedly one of the highest settlements in a Taser case (Covered in The Guardian, September 2016).
  • Successful claims against the Chief Constable of Sussex Police brought on behalf of peaceful protesters who were arrested during an anti-austerity demonstration in Brighton. The claimants received remedies including damages, a letter of apology, the destruction of their personal information retained by the police (fingerprints, DNA profiles and custody photographs) and an admission that officers acted unlawfully.
  • A successful claim against the Commissioner of Police of the Metropolis after a client’s house was searched by officers who failed to confirm whether the intended target of their search still lived at the property.
  • A successful claim against the Chief Constable of Essex Police on behalf of a client who was arrested after officers disseminated inaccurate information about him.
  • A successful claim against the Court Service after a magistrate issued a defective search warrant resulting in the claimant’s house being unlawfully searched.
  • A successful claim against the Home Office on behalf of a client who was unlawfully detained under immigration powers for one month whilst he was a child.
  • A successful challenge to a police caution issued to a mentally vulnerable detainee after he was interviewed in the absence of an appropriate adult. The caution was overturned.
  • Numerous successful police complaints and appeals to the Independent Police Complaints Commission resulting in findings that officers had cases to answer for misconduct.

Prior to qualification I trained at Bhatt Murphy Solicitors in London where I worked on a number of high profile cases, including:

  • The second inquest concerning the death of 14 year old Adam Rickwood, the youngest person to die in custody in modern times.
  • The death of Jimmy Mubenga, who died whilst being restrained by G4S security guards during an attempted forced removal from the UK.
  • ZH v Commissioner of Police for the Metropolis concerning the prolonged restraint of a severely autistic young man by police officers during a school trip to a swimming pool. This was the first case to find that officers had breached their duties under the Disability Discrimination Act 1995 and had subjected a claimant to inhuman and degrading treatment.

Upon qualification I practised at Fisher Meredith in London where I continued to develop my expertise in the field of civil liberties law in general, and actions against the police in particular.  

In November 2014 I moved to Irwin Mitchell’s Bristol office, from where I continue to represent claimants and complainants from across England & Wales.

Testimonials 

“Praised for being "always two steps ahead." He frequently represents vulnerable claimants in their claims for assault and human rights breaches. He offers additional experience in claims involving the use of tasers. Interviewees state that you can "absolutely trust his judgement, he knows how to take cases to success.” - Chambers & Partners, 2018

“Very bright and capable" - Legal 500, 2017

Gus Silverman is "impressive" - Legal 500, 2014

Read My Comments On The Latest News

  • 21/08/2018
    Parents Of Bristol University Student Hope Inquest Will Provide Answers Following Her Sudden Death

    The number of recent deaths amongst students at the University of Bristol has been a matter of considerable, and understandable, public concern. “Natasha’s family now look forward to a full and fearless investigation of the circumstances surrounding her death.”

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  • 30/07/2018
    Inquest Jury Finds Neglect And Series Of Failings Contributed to Mums Death on Mental Health Ward

    This is an incredibly tragic case and, more than a year after Dee’s death her family remain understandably devastated by the loss of a much-loved mother, sister, aunt and daughter. “Dee’s family has had a number of concerns regarding her death. The jury’s conclusion and the previous warnings the Health Board had received sadly shows that more should have been done to prevent Dee’s death. “It is matter of particular concern that as long ago as October 2015 Health Inspectorate Wales had raised an “immediate concern” regarding ligature points and audits at the Royal Glamorgan Hospital. It should not have taken this death for the Cwm Taf University Health Board to remove such an obvious ligature point on the acute mental health ward at the Royal Glamorgan. “It is now imperative that mental health wards throughout the country give urgent consideration to whether they are providing a safe environment for their patients.”

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  • 05/03/2018
    West Mercia Police Admit to ‘Inhuman and Degrading Treatment’ Of Pensioners and Son

    This is a truly shocking case of police officers acting well beyond their powers and assaulting a family in their own home. “Police officers should never try to seize property unless they are crystal clear that they are acting lawfully. The officers in this case seem to have thought they were dealing with a gang of dangerous criminals, rather than two pensioners and their son who had reported being harassed by their neighbours. “Although the police have admitted legal liability they have notably failed to apologise for assaulting and falsely imprisoning Ghislaine and Ralph, or for trespassing in their home and breaching the Human Rights Act. Instead the police have only given my clients a bland apology for the ‘the quality of service’ they received. “If West Mercia Police is to retain the trust of the public it serves then it must issue a full and unconditional apology without delay.”

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  • 20/09/2017
    Mental Health Trust Pays Damages To Family Of Vulnerable Man Who Died In High Rise Fire

    “It’s extremely concerning that Bob was allowed to continue living on the seventh floor of a high rise block when the authorities knew that he was regularly lighting fires, living without electricity and suffering from a serious untreated mental illness. “It is particularly concerning that none of the statutory agencies involved in Bob’s case sufficiently understood the legal powers they had available to them to keep him and the other residents of Carolina House safe. “It is now incumbent on Bristol City Council and the Avon and Wiltshire Mental Health Partnership NHS Trust to demonstrate that they have changed their practices and procedures following this shocking case.”

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