Elliot Gold

Call 2001

Overview

Elliot has been instructed in the full range of challenges to decisions of Chief Constables, the Independent Office of Police Complaints and police misconduct tribunals.

Public & Administrative

“… a brilliant lawyer… highly academic… first counsel of choice for complex matters across a range of police work”

Chambers & Partners 2021

R (Deputy Chief Constable of Kent Police) v Chief Constable of Kent Police and Others [2020] EWHC 2099 (Admin) – failure to perform adequate misconduct assessments rendered the entire investigation and all misconduct determinations a nullity.

Experience & expertise

Ongoing matters include:

  • Judicial review of a police misconduct hearing for failing to call witnesses on a disputed issue of fact and to accord sufficient weight to the seriousness of offensive racial language.
  • Judicial review of a chief constable for failing to agree to a statutory reconsideration of a decision to reduce an officer’s ill-health pension.
  • Judicial review of a decision by the IOPC to grant an application by a police force to disapply a police complaint.

Cases in which Elliot has advised, settled grounds / responses or appeared include:

  • R (Deputy Chief Constable of Kent Police) v Chief Constable of Kent Police and Others [2020] EWHC 2099 (Admin). Failure to perform adequate misconduct assessments rendered the entire investigation and all misconduct determinations a nullity.
  • R (Dyfed Powys Police) v (1) Police Misconduct Tribunal (2) PC England [2020] EWHC 2032 (Admin); [2020] ACD 113. Quashing of a misconduct finding and outcome on the failure of a police misconduct hearing to identify the issues in dispute, grapple with the evidential inconsistencies and after reaching an irrational conclusion on the meaning of unwanted sexual conduct.
  • R (British Medical Association) v Northamptonshire County Council & Ors [2020] EWHC 1664 (Admin); [2020] PTSR 1693. The obligation of safeguarding partners to pay GPs for assisting in safeguarding investigations.
  • R (Raqeeb) v Barts NHS Foundation Trust and Anor [2019] EWHC 2531 (Admin); [2020] 3 All ER 663. The application of EU law, discrimination law and Convention jurisprudence relating to the release of a child in hospital and deprivation of their liberty.
  • R (Michaelides) v Chief Constable of Merseyside [2019] EWHC 1434 (Admin). Lawfulness of a decision by the Police Medical Appeals Board on declining to award an injury on duty award.
  • In R (M by her litigation friend) v Chief Constable of Sussex [2019] EWHC 975 (Admin).
    Compatibility of a data sharing agreement between the police and a crime reduction partnership with the Data Protection Act 1998 and 2018 and the lawfulness of individual disclosures.
  • R (Jacklin) v (1) Chief Constable of Sussex Police (2) Rother District Council (2018).
    Application for judicial review to challenge the issuing of a written warning prior to consideration of a community protection notice.
  • R (Joslyn) v CC Gwent Police (2018).
    Application for judicial review to challenge the referral of a misconduct matter to a hearing and the appointment of the legally qualified chair.
  • R (Langdon) v Police Appeals Tribunal (2018).
    Application for judicial review to challenge the dismissal of an appeal without a hearing.
  • R (LGSA) v (1) CC Lancashire Police (2) Preston Crown Court (2018).
    Application for judicial review to challenge the issuing and/or application for a production order.
  • R (O’Connor) v Police Appeals Tribunal [2018] EWHC 190 (Admin).
    Judicial review on when fresh evidence could be relied upon in an appeal to the Police Appeals Tribunal.
  • Moore v HM Coroner for Exeter and Devon (2017).
    Application for costs against a coroner arising from their quashing a previous inquest, on the grounds of flagrant impropriety.
  • R (Hashim) v Police Misconduct Panel (2017).
    Application for judicial review of a decision to find no case to answer.
  • R (Salt) v Chief Constable of Avon and Somerset (2017).
    Application for judicial review against the decision of a police misconduct meeting.
  • Re British Transport Police Housing Allowance (2017).
    Application for judicial review concerning whether the enhanced-rate housing allowance should be paid to BTP constables on the same terms as for other constables.
  • R (GMA) v CC West Yorkshire (2016).
    Application for judicial review concerning the recording of conduct matters and decisions not to refer the same to the IPCC.
  • R (Khan) v CC Cleveland (2016).
    Application for judicial review arising on the issue of whether the proceedings should have a legal or police panel chair.
  • R (Kindundu) v Ministry of Justice (2016).
    Application for judicial review concerning the transfer of a prisoner to a different prison.
  • R (GMA) v CC West Yorkshire (2016).
    Application for judicial review and injunction on the issue of whether proceedings should have a legal or police panel chair.
  • R (Williams) v (1) Police Appeals Tribunal (2) Commissioner of Police of the Metropolis [2016] EWHC 2708 (Admin).
    Judicial review on the weight to be attached to mitigation in findings of gross misconduct.
  • R (Bedwell) v (1) Police Appeals Tribunal (2) Commissioner of Police of the Metropolis (2015).
    Application for judicial review arising from decision of the Police Appeals Tribunal.
  • R (Thorne) v CC South Wales Police (2015).
    Application for judicial review arising from decision not to expunge a police caution.
  • R (Allard) v (1) Police Appeals Tribunal (2) CC Warwickshire (2014).
    Application for judicial review arising from decision of the Police Appeals Tribunal.
  • R (Ayub) v CC West Yorkshire Police (2014).
    Application for judicial review arising out of search of a solicitor’s officers pursuant to a warrant.
  • R (Lewis) v CC Kent (2014).
    Application for judicial review arising out the decision not to expunge a caution.
  • R (Putman) v (1) IPCC (2) CC Hertfordshire (2014).
    Application for judicial review of a decision not to refer a complaint concerning police officers to a misconduct hearing.
  • R (Sweeney) v Commissioner of Police of the Metropolis [2014] EWHC 2068 (Admin); [2015] Crim LR 158.
    Judicial review of the obtaining of a warrant to search premises.
  • R (Hammond) v Commissioner of Police of the Metropolis (2013).
    Application for judicial review arising from a decision of the police not to prosecute individuals for anti-social behaviour.
  • R (L) v (1) DPP (2) Commissioner of Police of the Metropolis [2013] EWHC 1752 (Admin); [2013] ACD 108.
    Application for judicial review arising from a decision not to prosecute.
  • R (Trevor Lawrie) v (1) Crown Prosecution Service (2) Commissioner of Police of the Metropolis (2013).
    Application for judicial review arising from a decision to discontinue criminal proceedings against a suspect in favour of issuing a caution.
  • R (Saadalla) v Commissioner of Police of the Metropolis (2013).
    Application for judicial review arising from a decision not to quash a simple caution where the police tapes of the interview in which the admission had been made could no longer be found.
  • R (Iqbal) v (1) Commissioner of Police of the Metropolis (2) Director of Public Prosecutions (3) Manzoor (4) Baig (2012).
    Application for judicial review arising from a decision of the police not to prosecute and/or re-investigate a claim of harassment and/or fraud.
  • R (Dyer) v Chief Constable of Hertfordshire Constabulary (2012).
    Application for judicial review arising from an alleged failure of the police over a period of years to register non-criminal and criminal incidents involving anti-social behaviour.
  • R (Cole) v Commissioner of Police of the Metropolis (2012).
    Application for judicial review seeking to quash a caution where the original incident was beyond the six-month limitation period for prosecution.
  • R (Maitland) v Commissioner of Police of the Metropolis (2012).
    Application for judicial review seeking to quash a caution concerning capacity to understand the cautioning process and adherence to PACE codes.
  • R (Ghafoor) v (1) Secretary of State for Justice (2) Parole Board of England and Wales (2011).
    Application for judicial review concerning alleged delay in the provision of a parole dossier where relief sought included damages and a declaration.
  • R (Mehmi) v Commissioner of Police of the Metropolis (2011).
    Challenge to the decision of the Commissioner not to permit an officer to continue in a business involving the rental of properties outside the police area.
  • R (Hussey) v Commissioner of Police of the Metropolis (2011).
    Challenge to the decision of the Commissioner not to permit an officer to engage in a business interest concerning members of his family and firearms.