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Mark Ley-Morgan

CALLED TO THE BAR 1994

Junior Counsel


Police Profile

Background

 

Backwell Comprehensive School
University of Portsmouth., (Bsc in Quantity Surveying)
University of London, LL.B (Hons) 2.1

Email: mlm@3serjeantsinn.com



General Information

 


Directory Comments

 

Mark Ley-Morgan is recommended in police law by Chambers & Partners and in professional discipline by Chambers & Partners and the Legal 500.

 

Mark Ley-Morgan is “a superb all-rounder who is thorough with paperwork, quick on his feet and objective.”  Chambers and Partners 2010


Mark Ley-Morgan "excels in police disciplinary cases" Chambers and Partners 2010

 

'...“a fighter in court who doesn’t give in...”' Chambers & Partners 2009

 

'Mark Ley-Morgan is “well liked by officers and judges: he doesn’t take silly points and he doesn't back down.”' Chambers & Partners 2009

 

"...'thorough, robust and determined'..." Legal 500 2008



Nature of Practice

 

Civil Actions Involving the Police 

Mark specialises in all areas of civil claims involving the police including assault, false imprisonment, malicious prosecution and misfeasance. He has also advised in a number of negligence cases involving issues such as liability for road traffic accidents, personal injury and failure to protect an informant.  Mark has considerable experience of jury and judge alone trials. 

 

Police Misconduct and Performance 

Mark regularly advises and acts as presenting counsel for numerous Forces.  He has considerable experience of a wide range of misconduct and performance issues (both on and off duty) including corruption, sexual harassment, drug taking, assaults, deaths in custody and misuse of sensitive information.  Mark also regularly appears before the Police Appeals Tribunal.  He is also an experienced Legal Adviser to Misconduct Panels.

 

Inquests and Public Inquiries 

Mark has considerable experience of Coroner’s Inquests where the death has followed police contact.   He has acted for Forces involving deaths in custody, deaths following vehicle pursuits and deaths arising from ‘excited delirium’.  Mark also appeared before the Bichard Inquiry in 2004. 

 

Judicial review 

Mark has represented Forces in a wide variety of judicial review cases concerning a wide variety of issues including disclosure of documents for use at a Coroner’s Inquest, interpretation of S.37A PACE, challenge to an IPCC decision not to uphold an appeal, challenge to an IPCC decision to grant a dispensation and sufficiency of a police investigation.

 

Employment

Mark also has experience of dealing with police employment issues, particularly where there is overlap with misconduct issues.  He has experience of cases involving sex, race and disability discrimination concerning both police and civilian staff. 

 



Specialist Information

 


Reported and other cases of Interest

 
Roberts v. Chief Constable of Kent [2008] EWCA Civ 1588 (use of police dog)
Bayode v. Chief Constable of Derbyshire, EAT, 22 May 2008 (discrimination) Lawtel
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) (Lawtel)
O’Loughlin v. Chief Constable of Essex [1998] 1 WLR 374 (powers of entry)


Clients

 


Publications

 


Lectures and Seminars

 

Mark has written and presented a number of seminars for the police service.  He co-wrote and presented a 2 day seminar on the implications of the introduction of the Police Reform Act 2002 and the Independent Police Complaints Commission.  He has also presented seminars on the Police (Conduct) Regulations 2008.



Related Professional Activities

 


Other Information