Piers von Berg
Direct Public Access qualified
MA (Hons) (University of St Andrews): First
Lecturer in Youth Justice & Public law (Birmingham University)
Piers von Berg practices in administrative law. He specialises in criminal judicial review and children’s rights.
Piers can give practical and cost effective advice on the merits of bringing claims against public bodies for judicial review or actions for damages.
He is an expert in the field of criminal justice. He is General Editor of Criminal Judicial Review the first practitioner’s guide to judicial review in the criminal justice system; and, he holds a position at the University of Birmingham where he lectures in youth justice and public law.
Administrative Law and Human Rights
Piers’ caseload includes claims against the police, the CPS, criminal courts and prisons. He is building a practice in community care, especially children and vulnerable adults.
He has an advantage of several years experience in the Crown Court, particularly in prosecutions of public officials. He has acted in several challenges to decisions to prosecute and has advised on challenges to decisions under the Victim’s Right of Review (VRR). For child-related cases he also has significant experience in family proceedings and is very familiar with the statutory framework on public authorities’ duties to children, including the United Nations Convention on the Rights of the Child (UNCRC).
Piers can advise on claims for damages against public bodies at common law or for breach of human rights. For example, he has helped clients reach settlement for deaths in custody and advised on claims against the police for misfeasance in public office.
Piers has dealt with many matters in the employment sphere. He can assist with problems relating to personal data (retention and disclosure) as well more usual problems with discrimination and unfairness.
36 Crime Newsletter
Criminal Judicial Review
Von Berg, P (ed). (2014). Criminal Judicial Review: a Practitioner’s Guide to Judicial Review in the Criminal Justice System. Oxford: Hart Publishing.
From the Foreword by The Rt Hon Lord Judge:
“The book is offered in clear and simple style, focussing less on esoteric theoretical considerations and more on the practical needs of the practitioner… It will assist with the preparation of arguments, and also enable submissions which are unarguable to be discarded. It will therefore provide valuable guidance in this broad and developing area of practice.”
“[T]he reader is treated to both a scholarly and practical analysis of the underlying principles, a combination that few authors manage to achieve. This book is an essential addition to any criminal law library”. Crimeline
“It has a clear and simple style, is easy to use and will meet the needs of the practitioner. In my view it will become the “go–to” book for judicial review.” Greg Foxsmith, The London Advocate
“Criminal Judicial Review is likely to become a standard text and it is highly recommended.” Catherine Donnelly, Counsel Magazine
Appointments & Memberships
- Administrative Law Bar Association
- Children’s Rights Alliance
- Howard League for Penal Reform
- Human Rights Lawyers Association
- National Association of Youth Justice
Crawford v Jenkins  EWCA Civ 1035;  3 WLR 843;  1 All ER 476;  EMLR 29
Piers was led by Richard Wilson QC for the appellant. The case concerned whether an individual could have immunity from suit from claims for malicious false imprisonment, harassment and breach of Article 5 where the claimant had suffered loss by way of arrest and deprivation of liberty. The facts of the case involved a long running domestic dispute.
R (CM) v Crown Prosecution Service  EWHC 4457 (Admin);  ACD 55 (Divisional Court, Bean LJ)
A decision to prosecute a 10 year old boy for sexual offences challenged as irrational or contrary to CPS policy on prosecution of children. Led by Richard Wilson QC.
Re V (A Child) (Inadequate Reasons for Findings of Fact)  EWCA Civ 274;  2 FLR 1472;  Fam Law 645 (MacFarlane LJ)
Adequacy of reasons in a fact finding judgment and when to hold a fact finding in domestic violence cases. (Successful for the Appellant Mother).
Ramphal v Department of Transport  IRLR 985;  ICR D23
An employment judge had erred in not adequately considered the potential improper influence of the employer's human resources department had had on the investigating officer's report by involving itself in issues that should have been reserved for the investigator.
- University of St Andrews, MA Hons (First)
- City University, GDL and BVC