Simon Mallett

Simon Mallett

SIMON MALLETT

Year of call: 1986

Call clerks: 0113 297 1200

Email clerks: clerks@kbwchambers.com

  • Practice Summary

    Leading Junior in the Legal 500 for the last three years

    Senior Assessor for the College of Policing

    “Highly experienced in police disciplinary matters”: Legal 500 2018

    Legally Qualified Chair for Police Misconduct hearings in the North East and Yorkshire and Humberside Region. Simon has chaired hearings for North Yorkshire Police, Humberside Police, South Yorkshire Police, Greater Manchester Police, Cleveland Police and the British Transport Police.

    Cases include:

    Currently representing IOPC in misconduct case involving an investigation into the death of a child

    https://www.theguardian.com/uk-news/2019/sep/16/riley-siswick-death-huddersfield-police-misconduct-hearing

    Police Officer’s sexual misconduct:

    https://www.bbc.co.uk/news/uk-england-tees-46057916

    Police Officer’s misconduct during rape investigation

    https://www.holdthefrontpage.co.uk/2018/news/discraced-cop-named-after-journalists-overturn-anonymity-order

    https://www.bbc.co.uk/news/uk-england-humber-43508439

    Simon regularly conducts cases on behalf of members of the Police Federation and various police forces. He has presented cases for various police forces including West Yorkshire Police, Northumbria Police and South Yorkshire Police. He regularly appears before the Police Appeal Tribunal and in judicial review cases on behalf of Police Forces. He also acts in civil actions against the police, in employment and equality claims and in police pension case. He is on the Metropolitan Police List of Approved Barristers.

    Simon has considerable experience of representing Police Forces at high profile Inquests.

    Recent inquests include:

    Represented North Yorkshire Police in a case involving a schoolboy who committed suicide

    https://www.telegraph.co.uk/news/2019/03/13/ampleforth-pupil-took-life-arrested-criminal-secret-inquest

    Represented Cleveland police in a case where a pensioner was bitten by a police dog (Irene Collins)

    https://www.theguardian.com/uk-news/2018/sep/17/middlesbrough-woman-73-died-after-being-bitten-by-police-dog-inquest-hears

    Represented West Yorkshire Police where a school teacher was murdered at school (Ann Maguire)

    https://www.bbc.co.uk/news/uk-england-leeds-41969471

    Represented West Yorkshire Police where a wife was murdered and her husband died in a house fire (Susan Ashworth)

    http://www.itv.com/news/calendar/2017-01-09/inquest-hears-husband-of-woman-found-stabbed-to-death-in-burning-housing-was-abusive/

    Currently instructed in inquests for Northumbria Police and North Yorkshire Police.

    Previous inquests include:

    Represented West Yorkshire Police in an inquest into the death of Nazim Din:

    http://www.yorkshireeveningpost.co.uk/news/latest-news/top-stories/pc-accused-of-fatal-push-tells-inquest-crowd-trouble-was-worse-than-leeds-united-v-millwall-1-7294519

    Represented South Yorkshire Police in an inquest where a grandmother died after contact with the police (Diane Botham):

    http://www.dailymail.co.uk/news/article-2844047/Grandmother-died-police-officer-pushed-doorstep-causing-fall-hit-head.html

  • Recommendations

    Recommended as a leading Junior in the Legal 500 for four years

    “Highly recommended for industrial disease matters”: Legal 500 2018

    Practice Summary

    Simon has acted in personal injury cases throughout his legal career. He mainly represents Claimants but acts for police forces and other employers. His work includes fatal accident claims and claims of the utmost severity.

    Simon also has a significant medical negligence practice. He generally represents Claimants and recent cases have covered most areas of work including dental negligence.

    Recent cases include acting for a Claimant for psychiatric damage after a factory explosion; for a Claimant with life changing injuries after a bus collision; numerous claims for WRULD; a claimant who lost an arm in a motor cycle accident; and acting for Defendants in stress at work claims.

    His particular area of expertise is industrial disease litigation, for which he has a nationwide practice. He has been involved in numerous group actions including asthma claims, deafness claims, HAVS claims and carbon monoxide poisoning claims. He specialises in asbestos claims.

    Former Contributor to APIL Personal Injury Law Practice and Precedents.

    Reported Cases

    Platt v BRB (Residuary) Ltd [2014] EWCA Civ 1401

    Black v Arriva North East Ltd [2014] EWCA Civ 1115

    Sayers v Lord Chelwood [2012] EWCA Civ 1715

    Cairns-Jones & Ors v Christie Tyler [2010] EWCA Civ 1642

    Vance-Daniel v Corus UK Ltd [2010] All ER (D) 96 Feb

    West Yorkshire Police v M & A District Council [2007] Lawtel 04.12.07

    Bulmer & Ors v Noel Village Lawtel [2007] 29.11.07

    Rugby Joinery (UK) Ltd v Pamela Whitfield [2005] EWCA Civ 561

    Montracon Ltd v Gregory Whalley [2005] EWCA Civ 1383

    Doherty v Rugby Joinery (UK) Ltd [2004] EWCA Civ 147

  • Recommendations

    Recommended as a leading Junior in Legal 500 for the last five years: “Acts for claimants and respondents across a broad spectrum of employment cases”.

    Practice Summary:

    Simon represents both Claimants and Respondents, often police forces, in a variety of employment and equality claims. Simon accepts direct access work.

    Recent cases

    A senior teacher in a lengthy unfair dismissal claim

    A company director in a large PLC in respect of disciplinary action brought against him

    A senior manager in a media company for maternity discrimination

    A dentist in a whistleblowing claim

    A solicitor in a claim for sex discrimination and unfair dismissal against a leading regional law firm.

    A leading Academy in a claim for unfair dismissal brought by a teacher.

    A senior Financial Manager in a whistleblowing and unfair dismissal claim against a bank.

    An undercover Police Officer in a disability discrimination claim against a police force.

    A police force in a number of claims for race discrimination.

    An equality act claim concerning wheelchair access to public transport.

    A student on a direct access basis for disability discrimination against a University.

    A former employee on a direct access basis claiming a post employment detriment due to being a whistleblowing

    A police force in a claim for race and religious discrimination.

    A police force in a claim for disability discrimination and a failure to make reasonable adjustments.

    Reported Cases:

    Hall v Chief Constable of West Yorkshire UKEAT/0057/15/LA

    EAT case on the causal link between disability and unfavourable treatment.

    McFarlane v Cadbury Trebor Bassett [2013]

    Employment Appeal Tribunal case concerning whether a resignation amounted to constructive dismissal.

    Windle & Ors v MOJ & West Yorkshire Police [2013]

    Represented WYP in a case to determine whether interpreters used by the Police and the MOJ were employed or independent contractors.

  • Practice Summary

    Simon regularly appears before a range of disciplinary panels, in particular police disciplinary panels. He also represents clients before the Nursing and Midwifery Council and the General Medical Council.  He also advised in internal disciplinary proceedings. He has conduced a number of judicial review cases including in the area of police pensions. He accepts direct access work.

    Areas of Expertise

    • Disciplinary hearings
    • Inquests
    • Judicial Review Cases

    Simon is a Legally Qualified Chair for Police Misconduct hearings in the North East and Yorkshire and Humberside Region. Simon has chaired hearings for North Yorkshire Police, Humberside Police, South Yorkshire Police, Greater Manchester Police, Cleveland Police and the British Transport Police. His experience of chairing cases is invaluable in knowing how to present and defend in disciplinary hearings.

    Recent Notable Cases

    Police officer’s sexual misconduct: https://www.bbc.co.uk/news/uk-england-tees-46057916

    Police Officer’s misconduct during rape investigation: https://www.holdthefrontpage.co.uk/2018/news/discraced-cop-named-after-journalists-overturn-anonymity-order;https://www.bbc.co.uk/news/uk-england-humber-43508439

    Begley v Chief Constable of West Yorkshire Police: -Concerned the admissibility of breathalyser evidence in disciplinary cases: Police Appeal Tribunal and Judicial Review case.

    Parker v Chief Constable of Northumbria Police: -Concerned the decision not to appoint a police officer following medical evidence. Judicial review case.

    Represented Cleveland police in a case where a pensioner was bitten by a police dog (Irene Collins): https://www.theguardian.com/uk-news/2018/sep/17/middlesbrough-woman-73-died-after-being-bitten-by-police-dog-inquest-hears

    Represented West Yorkshire Police where a school teacher was murdered at school (Ann Maguire): https://www.bbc.co.uk/news/uk-england-leeds-41969471

  • Called to the Bar 1986/Inner Temple

    Education

    • Sheffield University LLB
    • Inns of Court School of Law

    Professional Membership

    • North Eastern Circuit
    • PIBA

    Appointments

    • Chair of Police Misconduct Hearings
    • External Assessor with the College of Policing
    • International Advocacy Trainer for Inns of Court College of Advocacy: Trained in Cyprus, South Africa and Sierra Leone
    • Trained judges in Sierra Leone
    • Advocacy Trainer for the North Eastern Circuit
    • Trustee of Citizens Advice York