Simon Mallett

Call clerks:0113 297 1200

Email clerks:clerks@kbwchambers.com

Year of call: 1986

Called to the Bar 1986/Inner Temple

Leading Junior in the Legal 500 for the last three years

Senior Assessor for the College of Policing

Police

Practice Summary

LQC for Police Misconduct hearings in North East and Yorkshire and North West: First appointed 2016

Senior Assessor for the College of Policing

Developed Vetting status: the highest level of vetting

Recommended as a Leading Junior in Legal 500 for Professional Disciplinary Law:
‘Simon Mallett is sought after for his expertise in police misconduct work.’

Simon acts for police forces in disciplinary cases, inquests, employment, civil actions against the police and judicial review claims.

Notable cases

Inquests:

Recent cases include:

Inquest concerning the death of Star Hobson: murder of young child - https://www.bbc.co.uk/news/uk-england-leeds-62751630
Inquest concerning death of Bethany Fields: murdered by ex-boyfriend - https://www.yorkshireeveningpost.co.uk/news/crime/murder-trial-over-death-gifted-leeds-student-bethany-fields-delayed-five-months-allow-mental-health-assessment-alleged-killer-2049752
Inquest concerning death of Ben Nelson-Roux - https://www.bbc.co.uk/news/uk-england-york-north-yorkshire-62931374
Inquest concerning death of Andrew Kitson: Police pursuit case - https://www.yorkshireeveningpost.co.uk/news/crime/coroner-calls-for-change-after-death-of-man-hit-by-a-car-during-police-chase-3596015
Inquest concerning death of Steven O’Neill: drowned following police pursuit - https://www.bbc.co.uk/news/uk-england-york-north-yorkshire-59261788
Inquest concerning death of Ellie Clarke - https://www.nottinghampost.com/news/tragic-final-moments-kind-caring-7841122

Past cases 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

Disciplinary Cases:

Recent cases Include:

Instructed by Lincolnshire police: PC Brereton and PC Chambers: Police Pursuit disciplinary case: - https://www.bbc.co.uk/news/uk-england-lincolnshire-64147618
Instructed by West Yorkshire police: PC Dwyer: Jaffa cakes case - https://www.bbc.co.uk/news/uk-england-leeds-58904606
Represented 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
Ongoing cases involve instructions from West Yorkshire Police, Northumbria Police and various other Forces.

LQC cases:

DS Walker: Rotherham Child Sexual Exploitation case - https://www.bbc.co.uk/news/uk-england-south-yorkshire-60902850

Police Employment work:

Simon has represented Forces in discrimination claims incuding race and religious discrimination, sex and disability discrimination.

Reported Cases include:

Hall v Chief Constable of West Yorkshire UKEAT/0057/15/LA
EAT case on the causal link between disability and unfavourable treatment.
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 were independent contractors.

Judicial review cases:

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.

Employment & Equality

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.

Personal Injury

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.
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.

Recommendations

Previously recommended as a leading Junior in the Legal 500:
“Highly recommended for industrial disease matters”: Legal 500 2018

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

Background

Appointments

LQC for Police Misconduct hearings in Yorkshire and the North East and in the North West. First appointed 2016
Senior Assessor for College of Policing
ICCA International Advocacy Trainer: Trained in South Africa, Sierra Leone and Cyprus
ICCA International Training Committee member
Master of the Inner Temple

Education

Sheffield University LLB
Entrance Scholarship from Inner Temple

Recommendations

Currently Recommended in Legal 500 as a Leading Junior for Professional Disciplinary Work and Employment. Previously recommended for Personal Injury work
Has Developed Vetting status

Areas of work

Police work, Inquests, Employment and personal injury claim