Cases & Results

Mandip Kumar’s Notable Cases

2020:

Chief Constable of West Yorkshire Police & Ors v Dyer & Ors [2020] EWCA Civ 1375

https://www.bailii.org/ew/cases/EWCA/Civ/2020/1375.pdf

The Court of Appeal allowed an appeal by the Chief Constable and Police Federation, against the decision of the Administrative Court.  It reinstated a coroner’s decision to screen police officers from family members of the deceased at a pending inquest. The judgment provides important guidance as to the balance between the requirements of open justice and witness protection.

Court of Appeal:  Advising and Representation of 12 officers, issue relates to giving evidence behind screens in high profile inquest.  Matter dealt with at the coroners court, then High Court, and now pending appeal to the Court of Appeal.

Court of Appeal:  advising professional client regarding appeal against sentence in relation to sexual offences.

R v X:  Crown Court, representation of Police officer charged with 15 other defendants. 

R v X:  business owner, investigation for financial crime, alleged money laundering.

R v X:  company director, investigation for fraud.

Post Incident Procedure, police pursuit.

2019:

High Court:  Advising and Representation of 12 officers at Inquest, Coroner court.  Dealing with judicial review instigated by lawyers for the family at the High Court in relation to officers giving evidence behind screens.  Working with senior counsel.

High Court:  Advising Police officer in relation to JR instigated by the complainant and supported by the IOPC regarding their own decision was wrong.  Working with QC.

R v X:  Crown Court.  Successfully persuaded the CPS to dismiss the criminal charge of police corruption at the Crown Court.

R v X:  advising deputy CEO, advice regarding international and English criminal law, Interpol red notices, legal jurisdictional issues, working with General Counsel and other lawyers representing the CEO.

R v X & 2 others:  all three were serving police officers at time of relevant incident, charged with conspiracy to pervert the course of justice.  First trial jung jury.  Second trial client convicted but avoided custodial sentence.

Advising Solicitor investigated by the SRA.  Working with QC.

Advising regulated professional client investigated by regulator for financial wrong doing.

R v X:  company director charged with assault caught on cctv.  Persuaded CPS to offer no evidence on day of trial.

R v X:  defence of professional charged with drink driving, incident caught on cctv.  Persuaded CPS to offer no evidence.

R v X:  company director charged with failing to provide breath specimen to the police.  Successfully applied for the case to be dismissed on day of trial.

R v X:  representation of professional charged with sexual offences.

R v X:  representation of client charged with conspiracy to supply drugs with numerous other defendants.

2018

Judicial Review against decision of Police Appeal Tribunal:  The Queen on the application of [Officer] v PAT and CC of West Yorkshire Police [2018] EWHC 190 (Admin).  Leading authority on the interpretation of the Police Appeal Tribunal Rules:

  • calling of fresh evidence under the PAT Rules;
  • Ladd v Marshall test regarding fresh evidence does not apply to PAT hearings;
  • Disclosure can be sought prior to the Rule 11 ruling.

Supreme Court 2018:  Advising Law Firm against the decision made by the Court of Appeal and regulatory matters.  Instructed after the Court of Appeal Judgement.

IOPC and Police Force:  advising Police officer in relation to serious criminal allegation and issues relating to Judicial Review of decisions made by the IOPC and the Police Force.

Advising Police officer subject to a criminal trial for conspiracy to pervert the course of justice with others.  Lead role in legal arguments that lasted 2 weeks.

FCA criminal investigation:  advising Company with international presence and Board of Directors in relation to regulated activity.

FCA criminal investigation:  advising company and Director in relation to regulated activity

Nursing Midwifery Council (NMC) fitness to practise investigation:  advising Nurse subject to NMC investigation.  Successfully persuaded NMC to take no further action.

Regulatory advice to Solicitor in relation to request from National Crime Agency and issues relating to Legal Professional Privilege.

Representation of Businessman in relation to criminal allegations of historic sexual abuse.  Despite previous reported allegations to the Police, successfully dealt with the investigation that resulted in no further action.

Advising Director in relation to complex HMRC tax investigation matters.

2017

  • X:  Corporate Directors – serious financial fraud investigation – ongoing
  • X:  High Court - Judicial Review of Professional Tribunal decision – ongoing
  • R v X:  Representation of Police Inspector in most serious police corruption case in West Yorkshire, 2-month trial, Leeds Crown Court.

2016

  • R v France [2016] EWCA Crim 1588 – Court of Appeal – successful appeal against conviction
  • R v H:  Stafford Crown Court.  PC alleged to conspiring with others to pervert course of justice - telephoned 999 and threatened that a police officer would be kidnapped and beheaded at the end of shift thereby causing an innocent person to be arrested and detained, at a time of heightened terrorist threat.

2015

  • R v S: Stafford Crown Court -  Operation H:  serious fraud and financial crime allegations against Police Inspector and 2 others – lead successful legal arguments at beginning of 3-month trial, case collapsed against all.
  • R v France: The  Old Bailey Trial - Operation Elveden – representation of deputy criminal editor of the Sun Newspaper.

2014

  • Chief Constable of the West Yorkshire Police v. Independent Police Complaints Commission and Others [2014] EWCA Civ 1367 – Court of Appeal – Leading case on the role of IPCC Successful representation of Police Officer.

2013

  • Operation Kalmia -  successful representation of all key federated ranked officers in one the Country’ most serious corruption cases arising from the murder of Kevin Nunes. 
  • R v 2 PC’s: Leeds Crown Court.  Successful acquittal of two officers charged with assault in an on duty arrest.
  • Officer X:  Nottingham Police Force. Successful representation of a police officer in misconduct proceedings who remained in the police force after a plea in mitigation at Nottingham Police Headquarters.
  • The successful defence of a police officer in misconduct proceedings who remained in the police force after a plea in mitigation at Nottingham Police Headquarters.

2012

  • R v X: Represented an established and highly successful commercial family rated in the 100 Rich List.  Four company directors/owners were subject to allegations of fraud and dishonesty. Successfully persuaded the investigators to dismiss all allegations.
  • Inquest of PC X: South Yorkshire Coroners Court - Represented a serving police officer who had acted as a “whistle blower” into the work practices that surrounded the suicide of a fellow serving officer.  Coroner referred the case to the Lord Chancellor’s office.

2011

  • X: West Midlands Police - Successfully represented a PC subject to misconduct charges re inappropriate touching of female colleagues.

2010

  • R v M: Leamington Crown Court: Representation of police officer charged with the large-scale defrauding of police funds.  Successful resolution in basis of plea where client avoided custodial sentence and nominal confiscation order.
  • R v B:  Birmingham Crown Court –: acquittal of a police officer who was charged with theft and misconduct in public office.  He had been investigated in a ‘sting’ operation by his force and had allegedly ‘stolen’ money planted in an unmarked police vehicle which he had been tasked to search. All the action was caught on CCTV and the uniformed officer ran from the scene chased by undercover officers. The officer was also acquitted of all charges by the jury.
  • R v X:  West Midlands - acquittal of a police officer charged with arson. She allegedly set fire to a neighbour’s house at a New Year’s Eve party at which she was in attendance with her young child just days after she had been dismissed from the police force for disciplinary offences.
  • Re C: West Yorkshire Police:  Represented an officer charged with misconduct arising out of the driving of a police vehicle dangerously on an assessment drive.
  • R v S:  Newcastle Crown Court:  successful representation of officer from Northumbria Police Force for Misconduct in Public Office.  Officer instructed Mandip Kumar to take over conduct from original defence team.

2009

  • Re C:  Metropolitan Police:  Officer charged with misconduct arising out of News of the World sting.

2008

  • Court of Appeal:  Successful appeal on behalf of Appellant in Court of Appeal following convictions for sexual abuse at Birmingham Crown Court.  Mandip Kumar did not deal with the original trial and was instructed to deal with the appeal.  The entire transcript of the trial was obtained and leave to appeal was granted. The Court of Appeal allowed the appeal and no retrial was ordered. The defendant was immediately released from prison. 
  • R v P: Selby Magistrates Court:  Officer acquitted of assault allegation related to on duty allegation.

2007

  • Re 5 Officers: West Midlands:  subject to misconduct allegations of using excess force.  Mandip appointed 5 senior counsel and the case was successful following a half time submission of no case to answer before a Police Misconduct Panel.
  • R v D: Birmingham Crown Court 2006/7- Representation of Police Officer charged with rape, original trial hung jury. Appointed specialist QC for re-trial and Unanimous acquittal decision by the jury.  Complex case with cross jurisdictional issues and witnesses.

2006

  • R v X:  Successful representation of high net worth client charged with rape.  Queens Counsel initial disagreed but later agreed to advance dismissal application that proved to be successful.

Other cases

  • R v L & 9 others:  Leicester Crown Court: Indictment of 10 officers for Misconduct in Public Office -  Death in Police custody case.  Assisted legal team and dealt with unused material/evidence.
  • R v S:  Warwick Crown Court:  Police Officer prosecuted for causing death by dangerous driving of member of public.  Successfully persuaded the CPS to drop the case after service of expert evidence.
  • R v E & D (2 PCs):  Warwick Crown Court:  2 officers accused of making false statements.  Acquitted after trial at Warwick Crown Court.
  • R v S:  West Midlands:  Police Officer prosecuted for perverting the course of justice, allegedly making false insurance claim regarding own stolen car.  Successfully persuaded the CPS to drop the case after the service of expert evidence including visual imagery evidence.
  • R v W:  West Midlands - Stafford Crown Court.  Police Dog Handler, charged with Dangerous Driving and Assault.  Original counsel replaced after disagreement with his strategy .  New Counsel instructed and client acquitted of all charges.
  • R v X:  successful representation of Police Officer arrested for conspiracy to murder and misconduct in public officer.
  • R v X:  successful representation of Police Officer arrested for murder of his partner.
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