Nigel Mitchell

Call 1978
Email nigel.mitchell@3pb.co.uk
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Nigel Mitchell has a general common law practice with particular emphasis on the following areas:

• Actions against the police
• Computer crime
• Crime, particularly fraud
• Criminal injuries compensation
• Employment
• Family & Matrimonial
• Health & Safety
• Malicious prosecution
• Personal injury
• Professional negligence

Nigel Mitchell has extensive experience and expertise in Road Traffic Prosecutions acting for both Defence and Crown.

He was one of the first counsel to deal with the then new Lion Intoximeter device, and has also acted for lorry drivers charged with Tachograph offences, and in cases involving defective vehicles. His lengthy Road Traffic practice has encompassed defending and prosecuting Death by Dangerous Driving cases through to defendants charged with speeding offences, including on one occasion a racing driver.

Notable Cases

R v Brady [2005] 1 Cr App R 5 CA
Briefed on behalf of the defence. A leading case on protection against self-incrimination. Statements obtained under compulsory questioning can be passed from one law enforcement authority to another. It was held that the DTI or the official receiver could disclose material obtained under s235 Insolvency Act 1986 to the Inland Revenue without an order of the court or notice to the person who provided it.

R v Gaud
Represented a surgeon who upon discovering he had hepatitis deceived his employers by submitting patients blood as his when asked to give samples.

R v Gray [2007]
Briefed for the defence in a murder trial at the Central Criminal Court. A case where much of the evidence was forensic in nature and the manner of putting the various pieces together would determine the outcome.

R v MEB
Briefed by the HSE to prosecute offences concerning a death of an employee in an electricity sub-station.

R v Mirzayari & others [2006]
Briefed for the defence in a large cocaine conspiracy centred in Dorset.

R v Royal Ordnance and Manson
Briefed by the HSE to prosecute offences concerning an explosion in an ordnance factory.

R v Sneath & others [2005] -
Briefed for the defence in a conspiracy to import large quantities of cocaine from South America. The cocaine had been turned into a liquid which was then allowed to soak into elaborate wooden doors. A chemical process was then utilised to return the cocaine to powder upon arrival in the UK. Questions of benefit under POCA are yet to be determined by the Court of Appeal.