That a police force has set out to completely and utterly ruin a man, mentally, physically, financially, over the the past eight years is not in doubt. The story is well-rehearsed elsewhere on this website.
Neither is the fact that a law enforcement agency has not only been prepared to commit serious criminal acts, but coerce other policing agencies and public bodies to feverishly cover them up (read here).
That conspiracy against Dr Abdul Rashid, a well respected Bradford general practitioner, both in terms of the smear campaign against him, the police criminality and ‘cover-up’, for which the most compelling evidence is available, appears to embrace the local, regional and national media. The once-respected Telegraph and Argus has provided scant, one-sided coverage of the case and give the appearance of being at the beck and call of West Yorkshire Police.
The T&A gleefully reported the outcome of a ten day hearing of a bitterly fought civil claim hearing in Bradford County Court, directly opposite the newspapers headquarters. Their reporter, absent from the entire proceedings beforehand, turned up for the 45 minute handing down of the judgment and then did a hatchet job on Dr Rashid. Grounded in error-strewn findings that, put shortly, did not reflect the evidence or legal argument heard in court. It was appealed and the verdict of Mr Recorder Nolan QC quashed (read here).
I was the only reporter in court throughout the trial and the police made representations to the judge and tried to have me removed. An enterprise that failed miserably, as I hold the necessary press credentials (read more here).
The fact that an appeal was in train, the consequent one day public hearing of the appeal or the handing down of the judgment in Dr Rashid’s favour was never reported in the press, or on the heavily pro-police broadcast media in the region. Matters of not only huge reader (and viewer) interest in their locality, but of massive public concern in terms of the perenially oppressive, objectionable behaviour of the police and the conduct of the case by a judge whose attitude towards the claimant’s legal team was highly questionable throughout the trial. Amply borne out in the trial transcript (read more here).
At a case management hearing earlier today (16th October, 2021) at the Leeds District Registry of the High Court, before the North East Circuit’s most senior judge, Mr Justice Lavender, the outfall from Dr Rashid’s success at appeal, where it was determined that his arrest by WYP in 2012 was unlawful, was picked over and Directions given to both legal teams.
The successful claimant has been represented, throughout the eight year battle with the police, by Ian Pennock of Park Lane Plowden Chambers in Leeds. Olivia Checa-Dover of KBW in Leeds advocates for the police.
The judge, firstly, and as a High Court arbiter, dealt with matters consequential to the appeal:
The costs of the appeal were awarded to Dr Rashid. The legal bills of both parties are estimated to be around £125,000, for which the taxpayer foots the bill. A payment on account of £35,000 has been ordered by the judge, pending agreement or assessment of costs.
Folllowing the quashing of Mr Recorder Nolan’s Order and a substitute finding by Mr Justice Lavender that the arrest was unlawful, the senior judge clarified that damages are to be assessed for wrongful arrest, at a hearing that will take place in the Autumn of next year, back at Bradford County Court.
The issue of whether Mr Recorder Nolan QC should preside over the causation and quantum hearing was dealt with fairly shortly by the judge. In his written submissions, Mr Pennock had advanced the view: “From the perspective of any reasonable person objectively assessing incorrect assertions by the police [in respect of their arguments in favour of Ben Nolan QC continuing to hear the claim], it would only further raise an index of suspicion with regards to the police’s clear and strongly expressed desire for the Recorder to be, effectively, reserved to this matter, particularly when the same is not necessary. Dr Rashid makes clear this is in relation to the ‘appearance’ of justice being seen to be done and the police not being able to select the judge they consider to be most favourable to them”. The nub of Miss Checa-Dover’s argument was that Recorder Nolan is familiar with the case and should carry on with it.
Mr Justice Lavender ruled that he was not minded to adopt the argument of counsel for either party. He will alert the Designated Civil Judge for Leeds and Bradford, HHJ Mark Gosnell, that listing the matter to be heard by Mr Recorder Nolan QC would be followed by an application, from counsel for Dr Rashid, in terms that the part-time judge recuses himself.
The judge also observed that Ben Nolan’s present term as a Recorder will have expired by then, and there is no way of knowing whether that arrangement will be renewed. So, the prospective choice of that particular judge may not even arise.
The costs of last September’s ten day liability hearing are reserved. The reasons given by the judge are that Part 36 offers (read here) are already in place on behalf of both sides. If an Order was made now, it would, he says, preclude any further Order by a judge in the County Court in the future. ‘Consequences of those [part 36 offers] will fall to be considered at the end of the quantum trial’.
For example, if the damages did not exceed the offer made by West Yorkshire Police, confirmed in the hearing as £10,000, then Dr Rashid would be left with the costs. If the damages are set at, or exceed, £10,001, then the police pay the costs. The claim is for £5 million and Mr Pennock described the police’s Part 36 offer, not unoriginally, as ‘paltry’. He had argued that costs should follow the event, in the normal course of civil proceedings, but was overruled on that point. Miss Checa-Dover’s submission was that the claim by Dr Rashid is ‘not yet fully determined and there is a real possibility of impact on costs’. A clear signal that WYP will contest this claim to its bitter end.
As the judge himself noted wryly, by a trick of technical wizardry he was able to mutate from a High Court judge sitting in Leeds, to a district or circuit judge in Bradford County Court, so that he was able to give Directions to the parties for the future conduct of the case in that jurisdiction.
Timetabling of the route to the second trial, to determine causation and the amount of damages (quantum) that the police will pay Dr Rashid, was set out: A case management conference is listed for 28th May, 2021 and a further renewal, which may, in effect, become a pre-trial review to be listed on, or after 2nd July.
After hearing argument from both counsel, the judge rejected Miss Checa-Dover’s oral application for what was a thinly disguised bid for a wasted costs order. Mr Justice Lavender ruled that, in respect of today’s hearing, ‘costs were in the case’. That is to say, the ‘losing party’ at the outcome of the final hearing next year will bear the costs of both sides.
As Dr Rashid pointed out after the hearing, he is already ‘the winner’ in terms of having the 2012 arrest at his home, in a dawn raid involving 16 officers, deemed unlawful. That was a long-awaited vindication of a postion he adopted and maintained in the long years since that awful, deeply traumatic day.
Sir Nicholas Lavender QC is a former Chair of the Bar Council. He was called to the Bar in 1989 and took Silk (appointed as Queen’s Counsel) in 2008. He was appointed as a Recorder in 2010, a Deputy High Court Judge in 2013 and as a High Court Judge in 2016, assigned to the Queen’s Bench Division. Highly respected, he is currently a Presiding Judge of the North Eastern Circuit.
By the time the Rashid claim is finally settled, he will probably be a Lord Justice of Appeal. Following the same path through Leeds as one of the best judges ever to sit in that court, Lord Justice (Sir Peter) Coulson.
Page last updated: Sunday 18th October, 2020 at 1855 hours
Photo credits: Cambridge University
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