Mandip Kumar

Mandip Kumar
Solicitor Advocate
Director – Precedence Law
Mandip

 

Practise Details:

Mandip specialises in representing professional clients subject to criminal and professional disciplinary proceedings.

He has substantial expertise in dealing with FCA InvestigationsPolice Federation cases, complex crime, fraud and confiscation matters. He also deals with related civil cases where professional clients are pursuing civil misfeasance in a public office and malicious prosecution claims against the authorities, including pursuing claims for judicial review of decisions made by the authorities.

In 2008 he was awarded a Formal Crest by the West Midlands Police Federation for providing "outstanding" services to its members. This was the first time such an award has been presented to a lawyer by the Police Federation.

Mandip advises institutional clients on discreet issues of the law that have national implications for their members. He has vast experience of dealing with Post Incident Procedure cases involving police officers.

He advises company directors where commercial crime and regulatory breaches are investigated.

He is regularly instructed in high profile cases that are often in the public eye.

Approach to cases

Mandip’s approach to cases is not standard: he will engage with clients at the outset to establish a high-level strategy to achieve the desired objective.

He is sometimes instructed to defend professional clients in evidentially hopeless cases where he has managed to secure favourable results due to his tenacious and determined approach to succeed.

He is proactively looking to find solutions to problems. The primary objective is to avoid his client being charged, but in the event the matter proceeds further, the only objective is to be successful and to remain ahead of the opponents.

He is always proactive in his approach and does not react to standard processes where the opponent has set the agenda. His holistic approach involves collaboration with client and Counsel. In all of Mandip’s cases, his client is always at the heart of all key decisions made. Mandip mainly works with Queens Counsel and Senior Counsel with an established track record of successful results and those who are highly rated in the legal directories.

Mandip founded Precedence Law in 2017. Previously Mandip has worked at National Law firms at a senior level, including Senior Operational Director and Head of Department of a national team of solicitors.

High Profile cases: Operation Elveden 

Mandip was instructed by News International to represent the former Deputy Crime Editor of the Sun newspaper, Anthony France as part of the Operation Elveden prosecutions relating to payments to those in public office. Mr. France was convicted at his trial at the Old Bailey but Mandip continued to pursue the matter to the Court of Appeal with fresh counsel which ultimately resulted in the quashing of Mr. France’s conviction in 2016. The case is also the leading authority on criminal Misconduct in Public Office cases. R v France [2016] EWCA Crim 1588

Testimonial from Mr. Anthony France, former Deputy Crime Editor, The Sun

"Mandip Kumar is the solicitor you need when you're in trouble," a colleague remarked in early 2013. Four years later and after a stunning victory in the Court of Appeal, I came to appreciate the importance of those 11 words. Operation Elveden was the largest investigation mounted in British policing history. I was charged with two counts of conspiracy to commit misconduct in a public office, a 700-year-old offence so complicated most judges couldn't get their heads around it. Mandip, however, did. There was always something odd about my guilty verdict. Not only was it the only conviction standing, it was the quickest returned by any Elveden jury. Mandip refused to accept this. The Court of Appeal ruled the conviction was unsafe because the trial judge had misdirected the jury by not providing them with adequate directions. I was an innocent man again and able to restart my life and career. None of this would have been possible without Mandip, an astute legal brain simply miles ahead of the opposition. He is a fighter who won't give up on clients.”

 

Police Federation Cases

Mandip has substantial experience of representing Police Officers for criminal and disciplinary cases nationally. He has advised and represented officers, including but not limited to the following allegations, murder, conspiracy to murder, rape, perverting the course of justice, Misconduct in Public Office, fraud, serious assault.

Mandip is a leading national expert in Police Discipline cases, covering all investigations, proceedings, Police Appeal Tribunal cases, Inquests, complex Post Incident Procedures. He has experience of applying for Judicial Review of decisions made by Police Tribunals. He regularly deals with complex police discipline cases where unfairness/abuse of process arguments are advanced.

Mandip represented the Police Officer in the leading case that went to the Court of Appeal in relation to the role of the Investigator / Independent Police Complaints Commission: Chief Constable of the West Yorkshire Police v. Independent Police Complaints Commission and Others [2014] EWCA Civ 1367.

He was instructed to represent senior officers in the Hillsborough investigation case.

Mandip represented a senior police officer who was investigated and later charged with serious fraud and financial crime offences. Mandip successfully challenged production orders during the investigation process, and later took the lead role in advancing legal arguments at the trial. The case collapsed as a direct result of the legal arguments in 2015. Mandip had been dealing with the case for 5 years.

Testimonial from Police Inspector client

“At every single turn Mandip instilled complete confidence and trust within the team, he is a truly inspirational leader who does not accept second best from anyone. Mandip is unbelievably clever and hard working. I have never known anyone apply such a high degree of passion and commitment to their work, he is an extraordinary individual. I can’t stress enough how much support I received from Mandip, he was relentless in ensuring that my best interests always took precedence. Mandip was simply brilliant. Nothing flusters Mandip, he is simply too cool and knows the case so well as to allow anything to distract him from it. Mandip is strategically brilliant, he was always thinking three, four, five steps ahead of everyone else. He is just at the very top of his game."

For a detailed list of Mandip’s notable police cases please click here.

Professional crime and fraud cases

Mandip was instructed by a Professional engineer post his conviction for sexual offences where his former lawyers advised against an appeal. The client had been sentenced to 5 years imprisonment. Mandip successfully pursued the case to the Court of Appeal where his client’s conviction was quashed.

He was also instructed by a high net worth client who was charged with rape. Mandip took the lead role in advancing certain dismissal applications where the Queens Counsel initially disagreed that the application would succeed. The application proved to be successful and that was the end of the case against the client.

Mandip is regularly instructed in serious fraud and financial crime cases.  He has successfully represented 4 directors including the successful discharge to restraint orders they were subject to.

He represented an established and highly successful commercial family rated in the Top 100 Rich List.  Four company directors/owners were subject to allegations of fraud and dishonesty.  Mandip successfully persuaded the investigators to dismiss all allegations.

Ratings in Legal Directories

Chambers and Partners

  • "assiduous, dedicated, tenacious and thorough – clients' needs always take precedence."
  • "top class"
  • "very cerebral, sensible and practical"
  • "The "truthful and very robust" Mandip Kumar .... represents police officers in connection with a wide array of criminal offences and internal disciplinary proceedings. He also acts in civil claims concerning allegations of police negligence, misfeasance or malicious prosecution."
  • Mandip Kumar .... "provides a first-class service. He's calm, cool and collected and puts everyone at ease. He's knowledgeable and amenable." He principally acts for individual officers. "I find him very charming, very bright and someone who comes across well and is very pleasant to deal with."
  • “Clients are in awe of his commitment to their case, and he brings added value and is a catalyst for creative thinking and problem solving.”
  • Mandip Kumar of Precedence Law acts for a number of police federation boards on matters relating to serious injury or death following police contact."His mantra is always acting in the best interests of the client," according to sources, who add: "He genuinely cares about each and every case."

 Legal 500

  • "indefatigable when it comes to fighting the client’s corner."
  • "… a specialist in misconduct in public office matters."

International Speaking - April 2018:

Testimonial from CARRIE L. ACKLIN, PH.D.

Assistant Professor, Program Director Criminal Justice and Rehabilitation.

University of Wisconsin-Stout, USA

“The students really enjoyed Mandip’s presentation in my Criminal Justice and Rehabilitation course. The students expressed that Mandip was very knowledgeable about UK and US laws and found his experiences to be an asset to their higher learning experience. I would recommend Mandip as a presenter in future classes”.

Recent Notable Cases in 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.

Notable Cases in 2017

  • R v X:  most serious police corruption case in West Yorkshire involving a Police Inspector – Crown court trial
  • R v X:  conspiracy to pervert the course of justice - ongoing
  • R v X:  serious fraud case, complex POCA issues – ongoing
  • X:  Police discipline case, senior officer accused of racist and sexist conduct, over 100 witnesses and very complex medical evidence – officer replaced original legal team with Precedence Law - kept his job
  • R v X:  allegations of perverting the course of justice, misconduct in a public office – ongoing
  • R v X:  major corruption case - ongoing
  • R v X:  Professional subject to serious sexual criminal allegation – ongoing
  • R v X:  Professional subject to historic sexual criminal allegations - ongoing
  • X:  High Court:  Judicial Review case involving challenge to Professional Tribunal – ongoing  
  • X:  IPCC investigation into police contact death case – ongoing
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