Elliot Gold

Public & Administrative

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.