School of Law

Profile

Dr Damian Carney LL.B., Ph.D, Barrister

Damian is a graduate of the London School of Economics and Political Science, a qualified barrister who has a doctorate from the University of Sheffield. He has previously taught at the University of Sheffield and the University of Buckingham. He can be found in the Angelsea Building’s law complex A1.60. His extension is 4089.

For many years Damian was the Admissions Tutor for LLB programmes and more latterly Subject Group Leader. In January 2011, he became the Director of Clinical Legal Education with responsibilities for developing experiential learning experiences for students, liaisoning with outside agencies and lawyers, and developing research projects in the area of access to justice and public interest litigation. In 2011 he will be involved in judicial review workshops for the voluntary sector organised by the Public Law Project.  

Currently the unit co-ordinator for Public Law II and Environmental Law for Non-Lawyers, he previously taught a wide range of courses including creating the first undergraduate unit in Access to Justice in the United Kingdom.

Damian's doctorate looked at how environmental interest groups used the litigation process and he continues to have an interest in environmental law (especially in relation to access to environmental justice and wildlife crime).

His main research interests are in Media Law. He has written articles on contempt and journalists' confidential sources. He is currently writing a research monograph on Anonymous Sources used by the press, or found on the internet; and is co-writing articles on privacy and libel tourism.

Damian is also engage in a project with Roger Welch examining their shared concerns about Islamophobia which examines a number of human rights issues which relate to religion and modern society. They have been asked to write a chapter on sexuality in the religious workplace for an edited book which is expected to be published towards the end of 2011, beginning 2012.

Damian was the founder (and is currently a co-Director) of the University of Portsmouth’s Innocence Project (a student led project examining alleged miscarriages of justice). The project currently has approximately twenty students involved and is working on four cases. He has an interest in the causes of miscarriages of justice, the criminal appeals system and the mechanisms available for innocence projects (and other miscarriage of justice campaigners) to get the evidence needed to establish the factual innocence of the wrongly convicted.

PhD supervision

Currently involved in the supervision of two PhD students (on topics related to good faith and arbitration, and corporate governance), he has also supervised to completion postgraduate research degrees on the topics of the death penalty and racism in the police.

Damian is keen on supervising students with an interest in Media Law (especially journalists’ sources, political speech, contempt, defamation, privacy, libel tourism, journalists’ codes of ethics and self-regulation). He would particularly welcome proposals which have a comparative and interdisciplinary focus.

He is also willing to supervise students interested in human rights especially religion and law, terrorism and the criminal process.

Proposals in relation to environmental law and access to justice issues (including funding, the role of the advice sector and universities, public legal education) would also be welcomed.

Esteem indicators

Damian is Legal Correspondent for the Police Journal.

Damian has peer reviewed book proposals for several major law publishers including Routledge-Cavendish, Oxford University Press and Pearson. He has also peer reviewed a government department funded research output.

In 2010 he was a mooting judge at the prestigious Monroe E. Price International Media Law Moot at the University of Oxford. He has been invited to take on this role again in 2011.

Awarded a departmental studentship by the University of Sheffield Department of Law in 1993 to undertake his PhD, Damian was also awarded the Barlow, Lyde & Gilbert First Prize in the Law of Torts whilst an undergraduate at the London School of Economics and Political Science.

Damian’s expertise has been sought by local newspapers and radio stations on a number of different legal issues.

He has been awarded funding for both a pilot project looking into the creation of a Centre for Legal and Advice Service Professionals (£33,000) and for the setting up of the university’s innocence project (£3250).

Memberships and Affiliations

Damian is a member of the Society of Legal Scholars, Association of Teachers of Law and the Inner Temple.

Publications

• Malicious Prosecution (2010) Police Journal (to be published)
• Use of Hearsay Evidence from Absent Witnesses (2010) 82(4) Police Journal 356
• Prosecution Failure to Disclose Information (2010) 83(2) Police Journal 185
• Anonymous blogs by serving police officers (2010) 83(1) Police Journal 83
• The Theoretical Underpinnings of the Protection of Journalists’ Confidential Sources  (2009) 1 Journal of Media Law 97 (Launch issue)
• Unlawful Search (2009) 81(4) Police Journal 341
• Anonymous Witnesses (2009) 81(3) Police Journal 262
• Lawfulness of Detention (2009) 82(3) Police Journal 275
• Redknapp and another v Commissioner of Metropolitan Police (2009) 81(2) Police Journal 171. 
• Self-Regulation of Unlawful Newsgathering Techniques (2008) Communications Law 75. 
• Environmental Interest Groups and Private Prosecutions: A Critical Analysis (2007) Environmental Law and Management 291. 
• The Protection of Journalists' Confidential Sources: The 'Valerie Plame Affair' and Beyond (2007) Communications Law 42. 
• The Timing Rules in Judicial Review and the Practical Difficulties They Cause Environmental Interest Groups: The Need for Reform (2006) Environmental Law Review 278. 
• School Uniform Revisited: Procedure, Pressure and Equality (2006) Education and the Law 131. 
• Environmental Insurance Liability by Nick Lockett, (1999) Lloyd's Maritime & Commercial Law Quarterly 146. (Book review). 
• Negligent Hypnosis (1998) New Law Journal 1766 and 1774 (with Phillip Fine [psychologist]). 
• National Heritage Select Committee: Press Activity Affecting Court Cases (Second Report of the 1996-1997 Session) (1997) Communications Law 152. 
• Principles of International Environmental Law: Volume 1: Frameworks, Standards and Implementation by Philippe Sands, (1997) Lloyd's Maritime & Commercial Law Quarterly 167. (Book review). 
• Contempt of Court Act 1981 - Strict Liability Contempt (A Comment on Attorney General v MGN Ltd [1997] 1 All ER 465 [QBD]) (1997) Communications Law 36. 
• Contempt of Court Act 1981 - Prejudicial Reporting of Criminal Proceedings (A comment on R v Solicitor-General ex p Taylor and Taylor (1996) 1 FCR 206 and R v Knights (Geoffrey) (Unreported, 1995) (1996) Communications Law 85. 
• The Accused, the Jury and the Media (1995) New Law Journal 12, 25, 30.

Link to recent publications

Conference Papers

• Libel Tourism: An End in Sight, Society of Legal Scholars Annual Conference 2010.
• Theoretical Underpinnings of the Protection of Journalists’ Confidential Sources, Society of Legal Scholars Annual Conference 2008.
• Theories of Protecting Journalists' Confidential Sources, PBS Research Conference 2007. 
• Enforcement and Policing of the Hunting Act 2004, PBS Research Conference 2006. 
• The Protection (and Revelation) of Journalists' Sources in Light of the Valerie Plame Affair, Society of Legal Scholars Annual Conference 2006. 
• Enforcing and Enforceability of the Hunting Act 2004, Society of Legal Scholars Annual Conference 2006. 
• Environmental Interest Groups and the Litigation Process: An Overview of the Experience in England and Wales, W.G. Hart Legal Workshop 1997. 
• Costs and Funding: A Primary Hurdle, "Standing in Environmental Law Actions - Developments and Difficulties" the University of Central Lancashire, 1996.