Disciplinary & Regulation
Overview
Outer Temple Chambers is one of the leading sets in the field of disciplinary and regulatory work. Members of chambers regularly appear in tribunals, acting both for the disciplinary or regulatory authority and for individual and corporate respondents alike.
Many of our barristers 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.
A major part of our regulatory work is in the healthcare field, providing representation in disciplinary hearings acting for doctors and dentists. More than twenty Members of Chambers regularly appear at the GMC and GDC, acting on behalf of medical practioners. We are frequently invited to act for other healthcare professionals including pharmacists, opticians, chiropractics and nurses, and others regulated by the Health Professions Council. We also act in concurrent matters for healthcare professionals facing criminal charges, clinical negligence cases, representation at inquests, PCT and Hospital Trust disciplinary hearings and Inquiries, appeals to the 1st Tier Tribunal, and the Care Standards Tribunal.
For medical crime Chambers has strength and depth of barristers in criminal law and accordingly delivers a highly regarded service, defending healthcare professionals facing the full range of criminal charges from dishonesty, sexual assault, fraud, gross negligence manslaughter, and murder.
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 industry. We have represented clients in a wide range of FSA tribunals and are regularly instructed on behalf of its Enforcement Division. Also in the commercial arena, we have a team who specialise in the civil law aspects of MTIC Fraud dealt with at the VAT tribunal, and have been in instructed in leading cases i.e HMRC -v- Blue Sphere Global.
We are well known for regulatory work in the transport sector. Members of chambers 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 as the leaders in the field of UK and EU road transport regulatory law.
Areas of expertise
-
Disciplinary and Regulation
-
Commercial Fraud
-
Clinical Negligence
-
Banking & Business
-
Public Law
-
Employment & Discrimination
-
Public Access
Track record and prominent cases
GMC -v- Dr Tate
14 week case involving numerous allergations of sexual misconduct by a General Practioner. Although the practitioner's name was ultimately erased from the register, there were no findings of sexual motivation. Charles Foster continues to act for Dr Tate in a number of civil claims arising out of the same and similar allegations.
GMC -v- Dr Barton
During June, July and the first 2 weeks of August 2009 Alan Jenkins acted in a GMC FTP hearing in London concerning Dr Jane Barton, who was a clinical assistant at the Gosport War Memorial Hospital during the 1990's. He acted for Dr Barton in inquests into the deaths of a number of patients from the hospital. The inquests, heard in one hearing at Portsmouth Combined Court during March and April 2009, centred upon the treatment provided and, in particular, the medication administered to the patients in the period leading up to death. The GMC hearing covered the same issues. The hearing was adjourned from August 2009, and concluded at the end of January 2010 with a finding of serious professional misconduct. The GMC panel declined to follow the submissions made by the GMC's lawyers, to the effect that she should be erased. In a decision which has caused controversy in the media the panel allowed Dr Barton to continue in practice by imposing conditions on her registration.
GMC -v- Professor Southall, Dr Spencer -&- Dr Samuels
An 8 week case, attracting huge national publicity, concerning the conduct of a clinical trial into extra-thoracic negative pressure ventilation of premature neonates. The case was stopped at half time following defence submissions
GMC -v- Professor Eastell
Allegations of misrepresentation in an academic paper by one of the leading doctors in his discipline. Finding - fitness to pratise not impaired.
Our clients
We act both for individual and corporate respondents and also for the disciplinary or regulatory authorities listed below.
These include:
-
Department of Transport
-
Financial Services Authority
-
Medical Protection Society Ltd. (MPS) - direct and via solicitor firms
-
Medical Defence Union Services Ltd. (MDU) - "
-
Medical and Dental Defence Union of Scotland (MDDUS)- "
-
NHS Primary Care Trusts- "
-
Ofsted
-
Pensions Protection Fund
-
The PDA Union
-
The Pensions Regulator
-
VOSA
What the directories say
THE SET Outer Temple Chambers has a very healthy professional discipline practice, and is strong when it comes to the defence of healthcare professionals. Clients are particularly inclined to instruct the set in "cases involving misdeeds," as its barristers are "particularly good at mounting a robust defence."
SILKS Brendan Finucane QC is "extremely personable," and is regarded as both formidable in court and excellent with the professionals he defends.
JUNIORS Charles Foster is very much a specialist in medical law, and regularly appears in front of the GMC's fitness to practise panels. He is rated very highly by clients, who admire and appreciate his "courtroom fireworks." Alan Jenkins is "robust, pragmatic and highly effective," and "undoubtedly has all the requisite skills to succeed in a competitive world." He has earned his strong reputation through delivering a consistently high standard of work, his skills recently being deployed when representing a doctor in a widely reported case involving a number of deaths. Jenkins' "mature and calm" courtroom style is "a delight to watch" and he is notably "user-friendly and accessible." David Morris regularly represents healthcare practitioners at risk of being struck off, often appearing before the GMC and the GOC. Clients say his approach is affable and smooth, and "absolutely nothing gets past him." Morris is recommended along with James Counsell, whose enviable skill of remaining "calm in a crisis" serves him well and proves a great benefit to his clients. Counsell defends professionals in the medical field and also across the financial sector. Demonstrating his versatility, he also recently handled an appeal in front of the ICAEW. Anthony Haycroft is a "terrific advocate" whose defence of healthcare professionals is widely praised. He defended the first action brought by the Health Care Commission against an unlicensed clinic. Fiona Horlick recently joined the set from 23 Essex Street. Her forte lies in defending healthcare professionals. Her "ability to work sensitively with emotional clients" is seen as a particular strength. Chambers and Partners 2011
Within Professional discipline and regulatory law (including police law), Outer Temple Chambers (Chambers of Philip Mott QC) is a second tier firm,
Praised as an ‘efficient’ and ‘well-run’ chambers, the clerks at Outer Temple Chambers are ‘polite and always ready to help and assist’. The set recently welcomed Brendan Finucane QC from 23 Essex Street, who is ‘fantastic on medical cases’. Fiona Horlick is ‘brilliant’, and David Morris has vast experience in medical disciplinary and regulatory matters. Legal 500 2011
Memberships and involvement
Tags:
Disciplinary & Regulation
