Mark Ley-Morgan

Call 1994

Mark Ley-Morgan | Call 1994

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Overview

Mark has specialised in police law since he came to the Bar after a successful career in the construction industry. He has a robust ‘no nonsense’ style that is appreciated by police officers. He has an excellent knowledge of the law and is always thoroughly prepared. He is a very good advocate with a style that goes down well with judges, juries, employment tribunals and misconduct panels.

Mark is clerked primarily by Lee Johnson, Clare Sabido, Jennifer Pooler and Emma Bell.

Mark successfully acted for the Chief Constable of Nottinghamshire Police at first instance and on appeal in Frugal v Nottinghamshire Police [2017] EWCA Civ 86 – a civil action concerning arrest and detention.

“His ability to win over a jury is incredible”
Chambers & Partners

Experience & Expertise

Mark is very well known and respected in the field of police law having specialised in this field for over 20 years.

He had a notable success in the case of Yousif v Commissioner of Police of the Metropolis a case where the claimant had alleged that he was the victim of inhuman and degrading treatment whilst in custody.
Click here to see the judgement

He presented the misconduct case against Superintendent Fulcher who did not caution the murderer Chris Halliwell before he took the officer to the place where he had buried another victim.
Click here to see press coverage for this case

He advised the force and presented the fast track misconduct case leading to the dismissal of Superintendent Carr who subsequently pleaded guilty to several counts of fraud and was given a suspended sentence.
Click here to see press coverage for this case

Mark advised and acted for Bedfordshire Police during the inquest into the death of Istiak Yusuf.
Click here to see press coverage

Mark successfully defended a complex and high value stress at work claim. After 2 days of cross-examination the claimant withdrew her claim. Due to the nature of the officer’s duties at the material time the trial was heard in private.

Cases and work of note

  • Yousif v Commissioner of Police of the Metropolis
  • Walker v Commissioner of Police of the Metropolis [2015] 1 Cr. App. R. 22
  • Gregory v Commissioner of Police of the Metropolis [2015] 1 W.L.R. 4253 (mode of trial)
  • R. (on the application of B) v Huddersfield Magistrates’ Court [2014] EWHC 1089 (Admin) (search warrants)
  • Osoba v Chief Constable of Hertfordshire [2013] Eq. L.R. 1072 (age discrimination)
  • R. (on the application of Hasan) v Huddersfield Magistrates’ Court [2013] EWHC 2257 (Admin) (search warrants; injunctions)
  • Jabang v City of London Police Commissioners [2008] EWHC 461 (Ch) (striking out)
  • Hutchinson v Commissioner of Police of the Metropolis [2005] EWHC 1660 (QB) (vicarious liability/costs)
  • R (on the application of Evans) v. Chief Constable of Sussex [2011] EWHC 2329 (Fast track procedure)
  • R (on the application of French) v. Chief Constable of West Yorkshire [2011] EWHC (Admin) (police misconduct)
  • Graham v. Chief Constable of West Mercia & Others [2011] EWHC 4 (QB) (reasonable grounds to suspect)
  • R (on the application of Sands) v. Chief Constable of Merseyside [2010] EWHC 2698 (Admin) (vetting)
  • Roberts v. Chief Constable of Kent [2008] EWCA Civ 1588 (use of police dog)
  • Bayode v. Chief Constable of Derbyshire, EAT, 22 May 2008 (race discrimination)
  • R (on the application of ‘G’) v. Chief Constable of West Yorkshire Police and the DPP [2008] EWCA Civ 28 (interpretation of S.37A Police & Criminal Evidence Act 1984)
  • Tomlinson v. Commissioner of Police of the Metropolis [2006] EWHC 2810 (admissibility of similar fact evidence)
  • Manley v. Commissioner of Police of the Metropolis [2006] EWCA Civ 879 (award of aggravated damages)
  • Omar v. Chief Constable of Bedfordshire [2007] EWHC 3060 (Admin)  (quashing of a caution)
  • R. v. Commissioner of Police of the Metropolis ex p Sofola (Richards J) 3 November 2000 (refusal of police to disclose identity of suspect to victim of criminal damage where police believed identification to be flawed)
  • Lamothe v. Commissioner of Police of the Metropolis (CCRT/1999/0577/B1 (Bingham LCJ and May LJ) 25 October 1999 (determination of triable issue during interlocutory stage)
  • O’Loughlin v. Chief Constable of Essex [1998] 1 WLR 374 (powers of entry)

Recommendations

Mark is consistently recommended by both the leading legal directories in both professional discipline and Police law.

Solicitors interviewed by Chambers & Partners note that; “his attention to detail is remarkable and his no-nonsense approach refreshing. His cross-examining skills are excellent, and he is able to explain complex issues in layman’s terms.”

Other recent directory editorial has included the following:

Reflections

A large proportion of the work that I do is adversarial.  Although the forum may vary there will usually be a ‘winner’ and a ‘loser’.   Being a naturally competitive person I enjoy the ‘contest’ but I don’t enjoy losing.

“I like to think that I improve my client’s prospects of success by having more than 20 years’ experience of police cases, introducing a little humour (when appropriate) and having a straight talking ‘no nonsense’ approach”

Of course one cannot win every time (if you do you are probably only fighting the easy cases) but I like to think that I improve my client’s prospects of success by: having a good knowledge of the law; having more than 20 years’ experience of police cases; being approachable and friendly; introducing a little humour (when appropriate); having a straight talking ‘no nonsense’ approach; understanding that I am part of a team; ensuring that I am better prepared than my opponent; and being an effective, persuasive and passionate advocate

Privacy

Mark adopts and adheres to the provisions of his privacy notice which can be accessed here.

further information

For further details of Mark’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: 32259
Registered Name: Mark John Ley-Morgan
VAT Registration No: 667692185