Mahdev Sachdev - KBW Barristers Chambers

Mahdev Singh Sachdev

Year of call: 2021 (Malaysia; 2022)

Mahdev is developing a multi-disciplinary practice across all areas of Chambers’ expertise, following the completion of his pupillage in October 2023 under the supervision of Olivia Checa-Dover.

Prior to joining the English Bar, Mahdev interned at the Malaysian Centre for Constitutionalism and Human Rights. He produced internal research on regulating police misconduct in Malaysia and led public education initiatives on legal aid in Malaysia and the rights of persons with disabilities. Later, Mahdev worked at the International Bar Association’s Human Rights Institute (“IBAHRI”). He drafted private intervention letters for IBAHRI, addressed to the heads of states, highlighting human rights abuses. He also wrote an internal briefing paper on the prevention of torture in Peru and provided research on the military jurisdiction over enforced disappearances for a publication in an international law blog.

As a caseworker with Leeds Free Legal Representation, Mahdev provided free legal advice and representation to employees bringing discrimination claims against their employers, including public bodies, before the Employment Tribunal.

In August 2022, Mahdev qualified as an Advocate & Solicitor at the Malaysian Bar. He has assisted various Senior Counsel with legal research and drafting in commercial and public law matters heard in the High Court, Court of Appeal, and Federal Court of Malaysia. He is a contributor to ‘Law and Practice in Civil Litigation in Malaysia’ (Sweet & Maxwell, 2023).

Mahdev previously produced ‘Advocates the Podcast’, showcasing interviews about the lives and tradecraft of Silks, Senior Counsel and retired Judges from across the world.

Crime

Practice Summary

Mahdev’s first priority is putting a client at ease. He is available to provide early written advice and to appear at all stages of proceedings in both the Magistrates’ Court and Crown Court.

Mahdev is a Crown Prosecution Service - Grade 2 Prosecutor.

His recent work include:

Crown Court

R v RS [2024] (Sheffield Crown Court) – defended a client charged with 32 offences, including 14 offences of assaulting police officers. The defence of non-insane automatism was raised. Mahdev advised on the law of automatism, and the instruction of a range of mental health experts. RS was sentenced to a 3-year community order following acceptable pleas.

R v DH [2023] (Leeds Crown Court) – the defendant entered guilty pleas to two counts of possessing Class A drugs with intent to supply, carrying a street value of up to £30,000. Mahdev successfully mitigated the sentence from a 5.5 year starting point to 3.2 years. The Judge noted in their sentencing remarks that Mahdev made realistic concessions and advanced first-class mitigation.

R v AC [2024] (Teesside Crown Court) – Mahdev was instructed to prosecute a defendant, later convicted by a jury, of assault occasioning actual bodily harm and stalking with a fear of violence. He had pleaded guilty to criminal damage.

Magistrates' Court

R v VS [2024] (Scarborough Magistrates Court) – Mahdev made representations to the prosecution that the arresting officer’s search of a defendant was unlawful and not compliant with PACE Code A. The prosecution then offered no evidence to the single charge of possession of a bladed article.

R v JF [2023] (Manchester City Magistrates Court) – defendant acquitted of charges of common assault and making malicious communications. Mahdev then successfully opposed an application for a restraining order sought by the prosecution after the defendant was acquitted.

Youth Court

Mahdev is guided by the child’s views and wellbeing when in the Youth Court.

R v MM [2023] (Leeds Youth Court) – the prosecution withdrew charges of criminal damage and resisting a police constable in the execution of their duty against MM, following representations made by Mahdev and his instructing solicitor, with the assistance of reports from MM’s social worker and the Youth Offending Team.

R v MA [Ongoing] (Leeds Youth Court) – Mahdev is currently representing a young person charged with attempting to cause grievous bodily harm to prison officers, and an assault occasioning actual bodily harm to another detainee during the young person’s time in a young offender’s institute.

Mahdev has a particular interest in protest cases and financial crimes.

Public & Regulatory

Practice Summary

Whilst qualifying as an Advocate & Solicitor at the Malaysian Bar, Mahdev worked on the following matters:

TMC v NPL & THL [2021] (Federal Court of Malaysia) – Mahdev drafted written submissions on the applicability of the Convention on the Rights of Persons with Disabilities when interpreting section 52(1) of the Mental Health Act 2001, in an appeal about the appropriate test for when a Court may direct an inquiry into a person’s mental state.

Heidy Quah v Government of Malaysia [2021] (High Court of Malaya) – assisted with drafting written submissions on behalf of the Clooney Foundation for Justice, appearing as amicus curiae, in seeking leave to the Federal Court to clarify whether the words “offensive” and/or “annoy” prescribed in section 233 of the Communications and Multimedia Act 1998 infringed the right to equality (Article 8) and the freedom of speech (Article 10) of the Federal Constitution.

Members of a Political Party v Minister of Home Affairs & Registrar of Societies [2021] (High Court of Malaya) – assisted with drafting written submissions on behalf of the applicants judicially reviewing the Minister’s failure to provide reasons when they appealed the Registrar of Societies’ decision not to register their political party.

Mahdev welcomes instructions to advise and appear in matters with human rights claims and judicial reviews.

Attorney General's "Junior Junior" Scheme

As counsel on the scheme, Mahdev has undertaken the following work:

Drafted written submissions on the issue of costs for the defendant in the judicial review of H v Secretary of State for the Home Department (2023) heard in the High Court (King’s Bench Division).
Redacted materials to be disclosed as part of civil claims brought against the Ministry of Justice.

Private Prosecutions

Mahdev has prosecuted and defended in the following matters:

Newark & Sherwood District Council v LB (2024) [Nottingham Magistrates Court] – persuaded the local council to accept a plea to a single ‘fly-tipping’ offence under the Environmental Protection Act 1990 in lieu of seven other offences. LB was sentenced to pay a fine.

South Yorkshire Fire & Rescue (‘SYFR’) v ZA (2024) [Sheffield Magistrates Court] – persuaded SYFR to accept pleas to six offences in lieu of 13 offences brought under the Regulatory Reform Fire Safety Order 2005 after two buildings with inhabitants, owned by ZA, caught on fire.

West Yorkshire Trading Standards v Mini Market & MJ (2023) [Kirklees Magistrates Court] – successful prosecution of a mini market and its director for offences of selling alcohol to minors pursuant to the Licensing Act 2003.

Licensing

Mahdev has appeared on behalf of the Chief Constable of Lincolnshire Police before the Alcohol, Entertainment & Late-Night Refreshing Licensing Committee of South Kesteven District Council to oppose an application for a Temporary Events Notice brought by the owner of a local public house.

The application was successfully opposed following a cross-examination of the owner of the public house before the committee, based on poor compliance with previous licence conditions and suspected criminal activity.

Mahdev is available to provide and representation before licensing committees.

Business & Property

Practice Summary

Mahdev welcomes instructions relating to breaches of contract, shareholder disputes and civil fraud.

Whilst qualifying as an Advocate & Solicitor at the Malaysian Bar, Mahdev assisted Senior Counsel on the following matters:

Serba Dinamik Holdings Berhad v Ernst & Young Consulting Sdn Bhd [2021] (High Court of Malaya – Commercial Division) – drafted written submissions, on behalf of the defendant, in opposing an application to join Securities Commission Malaysia and Bursa Securities Malaysia as parties to assist in determining whether the defendant fell within the meaning of “auditor” under the Main Market Listing Requirments.
Successful defence against a claim alleging that a Share Sale Agreement was void due to unconscionable acts following a 7-day trial in the High Court of Malaya.
Successful defence against a claim alleging a fraudulent and dishonest transfer of monies by a deceased company director resulting in an unjust enrichment of over RM 10.6 million, following a 3-day trial in the High Court of Malaya.
Secured an urgent freezing injunction against former employees of a multinational company to prevent the dissipation of appropriated monies and the destruction of documents that would evidence the torts of deceit and fraudulent misrepresentation.

Police

Practice Summary

During pupillage, Mahdev drafted pre-action letters and pleadings in actions against the police, particularly those alleging breaches to the Human Rights Act 1998 and European Convention on Human Rights.

He has observed police misconduct proceedings and the judicial review of R (on the application of the Commissioner of the Metropolis) v PAT [2022] EWHC 2711 (Admin) whilst under the supervision of police law specialist, Olivia Checa-Dover.

Mahdev has secured urgent Domestic Violent Protection Orders. He is also engaged to advise, draft skeleton arguments, and appear in longer running civil applications such as Sexual Harm Prevention Orders, Sexual Risk Orders, and Stalking Protection Orders. He has been instructed as independent counsel to advise on whether evidence in police possession attracts Legal Professional Privilege.

Recent work also include:

A Chief Constable v AA (2023 – ongoing) – defending an application for a Violent Offenders Order against an individual convicted of offences of grievous bodily harm. Mahdev persuaded the applicant Chief Constable, through a skeleton argument, to agree to adjourn the final hearing until the individual served a period of his sentence within the community to allow the Court a more comprehensive picture of any risk the individual may pose.

Chief Constable of South Yorkshire Police v BG & Ors (2024) [Barnsley Magistrates Court] – Mahdev was instructed, on short notice, to oppose an application for a warrant of further detention of a young person being investigated for murder. The matter involved cross-examining the officer in the case.

A Chief Constable v Local Authority & Ors (2024) – appeared on behalf of the Chief Constable in a Public Interest Immunity Application to withhold disclosure of material from a live criminal investigation, following the death of a baby, into care proceedings. The Court granted the application and allowed disclosure to be withheld for a month.

JH v Chief Constable of Northamptonshire Police (2024) [Northampton County Court] – Mahdev, appearing on behalf of the Chief Constable, persuaded the Court to dismiss the claimant’s application for a return of electronic devices pursuant to section 1 Police (Property) Act 1897 on the grounds that the County Court did not have jurisdiction to hear the matter, and that the claimant was estopped by the doctrine of res judicata.

Mahdev also welcomes instructions to advise and represent claimants in actions against the police on a Conditional Fee Agreement basis.

Family

Practice Summary

Mahdev is adept at navigating the delicate nature of family proceedings. During pupillage, he attended the ‘Counselling Skills Seminar for Family Barristers’ facilitated by Carvalho Consultancy.

Public Law - Children

LA v NW & Others (2024) [Newcastle Family Court] – Mahdev appeared on behalf of the Local Authority at a 3-day Final Hearing. A Care Order was made to safeguard the child’s transition into the mother’s care. Mahdev was tasked to cross-examine the respondent father, a vulnerable person assisted by an intermediary, on a factual dispute about whether he had had sexual contact with a person claiming to be below the age of 16. The Court made adverse threshold findings against the respondent father.

LA v LD & Others (2024) [Teesside Family Court] – appeared on behalf of the respondent father at a Final Hearing, where a Child Arrangements Order was made in his favour, and the previous Interim Supervision Order was discharged.

LA v GW & Others (2024) [Teesside Family Court] – appeared on behalf of the respondent father, facing allegations of sexual abuse, in a contested Interim Care Order Hearing.

Private Law - Children

ST v LT (2024) [Teesside Family Court] – appeared on behalf of the respondent mother at a Dispute Resolution Appointment, in an application for a Child Arrangements Order, seeking interim removal of the children due to allegations of alcohol abuse. Mahdev secured increased contact time and successfully opposed the appointment of a Children’s Guardian in the early stages of the proceedings.

MS v MQ (2024) [Durham Family Court] – appeared on behalf of the applicant mother at a composite Final Hearing, where the Child Arrangements Order was agreed with limited submissions without the need to litigate factual disputes.

He is available for instruction at all stages of proceedings across private and public law matters.

Employment & Equality

Practice Summary

Mahdev is available to provide pre-action advice, represent parties during settlement negotiations, draft pleadings, and appear before the Employment Tribunal and Employment Appeal Tribunal.

Mahdev’s work at Leeds Free Legal Representation include:

Appeared in a Final Hearing on behalf of an employee bringing claims of direct and indirect discrimination and of harassment experienced during their pregnancy and whilst on maternity leave, against their employer, a travel company.
Negotiated a settlement of £27,000 for a vulnerable claimant with learning difficulties after they experienced discrimination arising from disability, victimisation and a failure to receive reasonable adjustments from a large company.
Negotiated a settlement of £18,000 for an elderly employee who faced victimisation and failed to receive reasonable adjustments when working for a public body. Mahdev worked on the case for over a year and provided regular written advice on evolving issues.

Inquests and Inquiries

Practice Summary

During pupillage, Mahdev assisted with drafting written submissions on behalf of an interested party addressing the issue of whether an inquest should resume following the completion of a criminal trial.

Recently, Mahdev was led by Olivia Checa-Dover, acting for South Yorkshire Police, in a 3-week inquest into the death of Matthew Terrill in police custody. The Court was persuaded to remove Unlawful Killing and Neglect from the conclusions open to the jury. The jury was directed that the actions of the police were neither probably nor possibly caused or contributed to Mr. Terrill’s death.

Mahdev also welcomes instructions to act on behalf of families in inquests.

Immigration and Asylum

Practice Summary

Mahdev accepts instructions across the breadth of immigration and asylum claims on behalf of appellants in the First Tier Tribunal and Upper Tribunal.

During pupillage, he marshalled with judges in the First Tier Tribunal, including with Judge Frantzis, the Resident Judge in Manchester.

He volunteers for Bail for Immigration Detainees.

His work includes:

AG v Secretary of State for the Home Department (2023) [Hatton Cross First-Tier Tribunal (Immigration and Asylum)] – obtained bail for an applicant who was transferred to an immigration detention centre after serving a custodial sentence for committing arson with intent to endanger life. Drawing on his experience in criminal law, Mahdev argued that the applicant’s ongoing licence conditions served as a protective factor against risks posed to the public.

Sports Law

Practice Summary

Mahdev has completed the Judicial Football Association Course and is qualified to sit as a panel member in disciplinary proceedings for West Riding Football Association.

During his pupillage in Malaysia, Mahdev drafted a new constitution for the Kuala Lumpur Cricket Association. The new constitution contains progressive clauses on anti-discrimination, whistleblower protection, the establishment of an independent players union, and focus on developing the sport for women and persons with disabilities.

Mahdev is available to represent players or sports associations in disciplinary proceedings as well as to provide legal advice on sports management.

Background

Appointments

Crown Prosecution Service - Grade 2 Prosecutor; and
Attorney General’s “Junior Junior” Scheme

Education and Awards

2019, Taylor’s University, Malaysia/University of Leeds – LL.B, First Class (Honours)
2020, University of Law, Leeds – BPTC, Very Competent
2020, International Bar Association, Education Trust Award
2020, Winner and Best Advocate, Parklane Plowden Family Law Moot
2019, University of Law, Advocacy Scholarship
2019, Winner, Malaysia’s Next Advocate
2018, Top 5 Best Speaker in Asia, United Asians Debating Championship

Publications