Professional Discipline and Regulatory
Outer Temple Chambers has established itself as one of the leading sets in the field of disciplinary and regulatory work. Members of Chambers regularly appear in a wide range of tribunals acting both for the disciplinary/regulatory authority and individual and corporate respondents alike.
Members at all levels of call appear regularly before the General Medical Council, the General Dental Council, the Nursing and Midwifery Council, Health Professions Council and on appeal before the Administrative Court. They also represent clinicians in hospital and Primary Care Trust disciplinary proceedings both at first instance and on appeal.
Many members have considerable experience both in common law fields and in crime, ensuring that we are able to represent practitioners in parallel proceedings arising from the same allegations and in particular, criminal and civil proceedings for damages.
Although a major part of Outer Temple Chambers’ regulatory work is in the healthcare field, we also provide representation and advice in a wide range of other professional fields. Members of Chambers regularly act for and against accountants, actuaries and solicitors in disciplinary proceedings.
Within the commercial arena, Chambers has extensive experience in the regulation of the financial services and pensions industries.
We have also represented individuals and corporate clients in a wide range of FSA tribunals and are regularly instructed on behalf of the Enforcement Division of the FSA.
The pensions team within Chambers advises and acts for the Pensions Protection Fund, the Pensions Regulator and the Determinations Panel of the Pensions Regulator. Members of Chambers were involved in Sea Containers and Telent and have acted in cases before the Determinations Panel and the Pensions Regulator Tribunal.
Outer Temple Chambers is well known for regulatory work in the transport sector.
Members of chambers who practise in this niche area have acted in most of the leading road transport regulatory cases in recent years including several that have altered the regulatory regime. We act for the Department of Transport in Administrative Court appeals and are recognised by the specialist solicitors in the area as the leaders in the field of UK and EU road transport regulatory law. We are also able to offer the industry a complete service in relation to all issues it faces – from matters of ordinary compliance through to complex issues arising from EU public procurement and competition.
In the rail sector, the group offers similar strength with teams from the group having appeared in the major public inquiries arising from rail accidents including Hatfield, Potters Bar and Ladbroke Grove.
Outer Temple Chambers’ members have conducted regulatory and training work with Ofsted which has included testing each aspect of the new regulatory scheme for Day Care Providers and Child Minders. We have also been consultees on the drafting of amending regulations and have lectured and trained all Ofsted national regions on how the regulations are to be implemented.
Chambers has represented Ofsted in almost all cases at the Care Standards Tribunal where appeals have been made against decisions they have taken as regulator. This has included appeals against refusal, suspension, and cancellation of registration of both Day Care Providers and Child Minders.
For further information relating to our Discipline & Regulatory team, please contact Stephen Somerville on 020 7353 6381.
What the directories say
Legal 500, 2008
The ‘ clerks are very efficient and pleasant to deal with'; Alan Jenkins is ‘ hugely experienced, and utterly reliable', and David Morris has ‘ great experience'; all ‘ exhibit the lightness of touch needed' in GMC cases.
Legal 500, 2009
Outer Temple Chambers is home to 'good people who have penetrated a tough market.'
Richard Lissack QC is praised for his advocacy, and maintains 'an extremely high service level'. David Morris's work is 'very thorough and detailed.' Gordon Bebb QC is 'a shining star of silk representation'. Alan Jenkins 'masters the client and the tribunal with consummate ease'.
Chambers and Partners 2010
Outer Temple Chambers tackles a diverse range of professional discipline work, much of it in the medical, legal and accountancy matters. Offering "professionalism without stuffiness," this set scores high marks for efficiency and approachability, and is noted for having "barristers who are concerned to make sure they are looking after you." Of these, Alan Jenkins is particularly good at handling work with criminal aspects. His "extremely smooth and persuasive style" makes him an outstanding trial lawyer. David Morris comes highly recommended for complex GMC misconduct cases. He successfully mitigated a twelve-month suspension for a doctor who faced charges of extensive dishonesty. One interviewee commented of him: "He is never fazed by unexpected developments." Charles Foster has handled a number of complex cases touching on issues such as assisted suicide, operation without consent, IVF mix-up and late abortion. Clients marvel at his ability to apply his thorough, academic understanding in a practical fashion; "his brain must be immense," they say. Anthony Haycroft is "meticulous in his preparation and has a very nice way with professional clients." He regularly defends in fitness to practise cases. He is at a set that also includes James Counsell, a well-rounded performer who brings his cross-disciplinary experience to bear in tribunals. "Calm, very well prepared and a lawyer with good client rapport," he acts for all three medical defence units, as well as the Institute of Actuaries, Lloyd's and individual solicitors.
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