Elliot Gold

Call 2001

Overview

Elliot is instructed regularly in cases spanning the full range of police law including civil actions and misconduct, inquests, judicial review, mental capacity, discrimination and whistleblowing. He is trusted to handle cases involving sensitive police intelligence, delicate political concerns and legally complex claims.

Elliot is clerked primarily by Lee Johnson, Stephen Somerville, Jennifer Pooler and Louis Wilkins.

“He is exceedingly bright and thinks outside the box.”
Chambers & Partners

Elliot instructed to appear in judicial review concerning chief constables’ statutory obligation to record police conduct and refer it to the Independent Police Complaints Commission.

experience & expertise

Elliot is instructed in evidentially and legally complex cases, some lasting over six weeks. He has represented and advised doctors, public authorities, Chief Constables and government departments. He is also instructed in matters concerning mental capacity.

There are overlaps in all areas of Elliot’s work. He has represented prisons, police and doctors in inquests. He has defended in the full range of police civil actions and prisons in respect of assaults and categorisation decisions. The police work has included advising on warrants and police pensions. Elliot has acted in cases and advised the College of Policing on police powers involving persons with mental incapacity. He has further advised PCCs on their statutory powers, election offences and obligations and competitive tendering.

Elliot has acted in large whistleblowing and discrimination claims. Some have involved complicated considerations of disabilities and, as a result, potentially vulnerable claimants.

Elliot is Direct Access accredited.

cases & work of note

In the past twelve months, Elliot has been instructed to advise and appear in five judicial reviews.

Recently, Elliot represented West Yorkshire Police in resisting an application for judicial review and an injunction against the commencement of misconduct proceedings after appointment of a fifth panel chair. He is due to appear in a judicial review hearing concerning the obligation on a chief constable to record and refer to the IPCC police conduct matters. Elliot successfully appeared in the High Court for the Lord Chancellor in the first English article 5 claim concerning the lawfulness of a High Court judge’s imprisonment of a person for contempt and is instructed to defend the decision in the Court of Appeal.

Elliot has appeared in numerous inquests for the police, prisons and medical professionals. He was recently part of the team representing match commanders in the Hillsbrough Inquest and contributed to the final submissions.

Elliot has advised on the lawfulness of the election of a Police and Crime Commissioner, the Fairness at Work review authored by Prof Ray Lewis on police misconduct processes, police pensions, a protocol for the College of Policing on police powers and obligations towards persons lacking mental capacity, Police Federation internal processes and disclosure in the Iraqi detainee claims being heard by Legatt J. He was counsel in the Metropolitan Police and West Mercia Police ‘Plebgate’ matters and recently appeared in for Greater Manchester Police in an IPCC directed misconduct hearing concerning the arrest of a legal observer at a fracking protest.

Elliot successfully represented the Chief Constable of Avon and Somerset in the largest discrimination and whistleblowing claim in its history and similarly advised Derbyshire police recently on their force’s largest claim.

Published judgments are:

  • R (on the application of Williams) v Police Appeals Tribunal [2016] EWHC 2708 (Admin) – mitigation in disciplinary procedures.
  • LL v Lord Chancellor [2015] EWHC 3273 (QB) – unlawful detention arising from judicial error.
  • Sweeney v Westminster Magistrates’ Court [2014] EWHC 2068 (Admin); [2015] Crim LR 158 – search warrants.
  • L v DPP [2013] EWHC 1752 (Admin); [2013] ACD 108 – decisions to prosecute.
  • ZH v Commissioner of Police of the Metropolis [2013] EWCA Civ 69; [2013] 1 WLR 3021 – police powers, mental capacity.
  • Durham v BAI (Run Off) Ltd [2012] UKSC 14; [2012] 1 WLR 867 (Supreme Court) – employer’s liability insurance.

Recommendations

Elliot is ranked in The Legal 500 for Professional Discipline and Regulatory Law and in Chambers UK 2016 for Police law.

Clients who spoke to Chambers & Partners noted that you can be confident he has read everything, he has a good way in conference and his understanding of police law is exceptional.” The Legal 500 comments that he is involved in sensitive police discipline cases.”

Reflections

I understand the particular concerns and anxieties of police officers, when I am instructed to represent them, and, often, witnesses who may feel assailed from all sides. I hope to pitch a careful balance between supporting individuals and giving them confidence in the face of what they perceive to be personal criticism and improper challenge to understand what actions they took in order to prepare a considered defence and realistic advice.

I work to overcome initial and sometimes well-worn nervousness and reticence, to build up a relationship with those whom I defend and to overcome initial hesitance and formality. I try to show clients how we are all part of the same litigation team and depend upon mutual trust and confidence between each other. I have found that in difficult or combative cases, being able to demonstrate assurance to those under the most pressure can relieve some of the weight and strain that they feel, enabling more productive case preparation and a more positive and constructive relationship.

“I try to show clients how we are all part of the same litigation team and depend upon mutual trust and confidence between each other”

I am a supporter of widening access to the profession and society in general and I am committed to encouraging all types of students to consider a career in law. I am a schools mentor for the Bar Mock Trial Competition held by the Citizenship Foundation, an Inner Temple mentor for bar students and an advocacy trainer for pupils and new practitioners. Early in my career, I was presented the Northern Circuit Pro-Bono award by the then Lord Chancellor Lord Irvine and I continue to volunteer regularly for cases through the Bar Pro Bono Unit.

Publications

  • Editor of the Police Law blog. Contributor to “Police Professional”.
  • Consultant editor of the forthcoming edition of “Police Misconduct, Complaints, and Public Regulation” (Oxford).

Further Information

For further details of Elliot’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No: 43623
Registered Name: Elliot Gold
VAT Registration No: 793 3704 06