Areas of Law 

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Professional Discipline

The General Medical Council's Interim Orders Panel had erred in suspending a doctor's registration for 18 months pending the determination of his fitness to practise after an employment tribunal had found that he had fabricated evidence in an unfair dismissal claim. The suspension was not a proportionate response since the panel had failed to identify a serious risk to the public if the doctor was allowed to continue to work with patients.
Jeremy Hyam QC
for the Applicant



Shamsian v General Medical Council - Dr Shamsian was a Registrar employed by the Oxford and Wessex Deanery. She was found by the GMC to have dishonestly completed an application form for the post in 7 respects and to have also made 7 misleading statements. The High Court on Appeal quashed all the dishonesty findings and 6 of the misleading statements leaving one, which was a genuine error regarding a date.

The judge Bean J stated memorably of the doctor that “She was also entitled to assume that anyone engaged in shortlisting candidates for a registrar post would be a reasonably careful reader of an application form, rather than what Foster J (in Morning Star Co-operative Society Ltd v Express Newspapers Ltd [1979] FSR 113) described in a different context as a "moron in a hurry".
Martin Forde QC
for Dr Shamsian



Casey v General Medical Council - The Dr, a GP, was accused of a sexually motivated touching of a patient’s nipple with a stethoscope. Lord Justice Girvan concluded that no panel properly directed could have found the complainant credible. He said “The finding by the panel that the patient presented as a consistent, reliable and credible witness is one that no tribunal properly directing itself on the evidence could have made in the circumstances.”
Martin Forde QC
for the Doctor



GMC v Wakefield and others – the case continues!:

Seven of our barristers continue to act in what is undoubtedly the longest and arguably the most significant professional disciplinary case currently underway, namely the case brought by the GMC against Dr Wakefield and others in relation to the MMR vaccine.

It is a testament to our reputation in this type of work that both the professional body prosecuting and the professionals concerned have all turned to this set for counsel in this very prominent case.
Sally Smith QC
Owain Thomas QC
Christopher Mellor
For the GMC
Kieran Coonan QC
Neil Sheldon
For Dr Wakefield
Stephen Miller QC
Andrea Lindsay Strugo
For Professor Walker-Smith


GMC v Dr Yeong [judgment 28.7.09]

Robert Kellar acted for Dr Yeong in this important case – the latest in the line of High Court authority on a key issue in the evolution of disciplinary jurisprudence, namely the admissibility of certain categories of evidence on the issue of impairment. This decision further develops the line of authority from Cohen, Zygmunt and lastly the case of GMC v Azzam in November 2008 in which Martin Forde QC of chambers acted.
Robert Kellar
For Dr Yeong



R (Singapore Medical Council) v GMC (defendant) and Professor Simon Shorvon (interested party)

Philip Havers QC was instructed by Christina Milne at the Medical Protection Society (MPS) to act for Professor Simon Shorvon in the High Court in a case in which the Singapore Medical Council sought to challenge, by way of judicial review, a decision of the GMC in relation to the Professor. In the same case, Jeremy Hyam was led by David Pannick QC, instructed by Leigh Day & Co, to represent the Singapore Medical Council.
Philip Havers QC
For Professor Simon Shorvon
Jeremy Hyam QC
For the Signapore Medical Council


Mohammed Qusim Shiekh v General Dental Coucil [2009] EWHC 186 (Admin)
Angus McCullough QC
For the Appellant



GMC v Dr Nickho-Amiry
Sarah Lambert
Represented Doctor



GMC v Dr Laker

Kieran Coonan QC represented Dr Laker, a gynaechologist, throughout this three-week-long hearing at the GMC.
Kieran Coonan QC
For Dr Laker



GMC v Dr Wallker (and R v Walker)

Stephen Miller QC represented Dr Walker, a surgeon, in this 7-week hearing before the GMC and later in the related Crown Court trial for manslaughter.
Stephen Miller QC
For Dr Walker



GMC v Dr J K Ghosh

Neil Garnham QC was instructed by Nick Rawson at Radcliffes to represent Dr Ghosh throughout the initial Family Health Services Appeal Authority (FHSAA) hearing and the subsequent GMC proceedings. The case concerned complaints of bullying, mismanagement of staff and clinical incompetence. The appeal to the FHSAA was partially successful and the outcome of the GMC case is awaited.
Neil Garnham QC
For D Ghosh



GMC v Dr Edwards

William Edis was instructed by Sam Flew at Radcliffes to represent Dr Edwards at a 7-day GMC hearing relating to the false completion of cremation certificates.
William Edis QC
For Dr Edwards



MOD v Chief Inspector Jordan; MOD v PC Joan Jarvis; MOD v PC Weeks

David Evans has prosecuted Ministry of Defence Police Officers in disciplinary proceedings for over 15 years. These cases involved, variously, allegations of professional and personal misconduct by a senior policeman against a female civilian in Kosovo, allegations of abusive emails and misconduct and dereliction of duty for failing to keep watch at a secure establishment.
David Evans QC
For the MoD



GMC v Dr Swinhoe

Christina Lambert represented Dr Swinhoe in this major case concerning consent. It involved a gynaecologist of international repute who was alleged to have inadequately consented a vulnerable patient before undertaking surgery. The case tested the boundaries of admissibility of evidence under new rules.
Christina Lambert QC
For Dr Swinhoe



GMC v Dr Patterson

Christina Lambert represented Dr Patterson in this case involving a cardiovascular surgeon who was alleged to have performed surgery which was outwith his competence and for which he had inadequate training. The surgeon was vindicated and this allowed cardiothoracic surgeons throughout the UK to perform carotid surgery usually undertaken only by vascular surgeons.
Christina Lambert QC
For Dr Patterson



GMC v Dr Rosenbloom

Christina Lambert represented Dr Rosenbloom in this important case on the divide between health and conduct under the new rules.
Christina Lambert QC
For Dr Rosenbloom



GMC v Dr Williams

Andrew Kennedy (led by James Turner QC) represented Dr Williams, a pathologist, in this high-profile defence before the GMC and a Home Office Disciplinary Committee. This case arose from the prosecution of Sally Clark.
Andrew Kennedy
For Dr Williams



GMC v Dr Fatnani

Andrew Kennedy represented Dr Fatnani in this high-profile case before the GMC following conviction for money laundering arising from the prosecution of her daughter Joyti De-Laurey (the Goldman Sachs secretary who stole £4.5m from her boss).
Andrew Kennedy
For Dr Fatnani



GMC v Dr Gulati

Angus McCullough was instructed by Mike Ryan at Ryans to represent Dr Gulati in this two-week hearing arising out of alleged misconduct arising out of the death from meningitis of a two-year-old girl.
Angus McCullough QC
For Dr Gulati



Doshi v Southend on Sea Primary Care Trust

Richard Booth appeared for the Respondent PCT before Holman J in the Administrative Court. The issue was whether the FHSAA was right to have applied the civil standard of proof when it considered quasi-criminal allegations of a sexual nature made against a GP. This was only the second appeal from the FHSAA concerning a GP to have reached this Court.
Richard Booth QC
For the Respondent



Institute of Structural Engineers v David Brewster

Owain Thomas was instructed by Hill Dickinson to represent David Brewster, a structural engineer, in a case involving commercial conflicts of interest.
Owain Thomas QC
For David Brewster



GMC v Various Doctors at the Stapleford Centre including Dr Brewer

William Edis, Christina Lambert and Jeremy Hyam were all involved in this longest-running and most complex of cases yet to be considered by the GMC. Of the 7 doctors charged, Dr Brewer (represented by William Edis and Jeremy Hyam), faced the most serious charges of misconduct in his management of 13 different patients at his private centre for the treatment of addiction.
William Edis QC
Jeremy Hyam QC
For Dr Brewer
Christina Lambert QC
For the GMC


GMC v Sir Roy Meadow

This was one of the most high profile cases ever brought against a senior medical practitioner following controversial decisions against mothers found guilty of murdering their babies on the basis of expert medical opinion. Robert Seabrook QC prosecuted for the GMC in this case.
Robert Seabrook QC
For the GMC



Council for the Regulation of Healthcare Professionals and the GMC v Prof. David Southall

Kieran Coonan QC and Andrew Kennedy represented Professor Southall in the GMC inquiry and appeal into his involvement with the Sally Clark case and in two further GMC inquiries into Prof. Southall’s paediatric practice and research.
Kieran Coonan QC
Andrew Kennedy
For Dr Southall



GMC v Dr Bee

Christina Lambert represented Dr Bee who was alleged to have failed to investigate adequately the death of one of Harold Shipman’s victims, thus missing an opportunity to prevent more murders.
Christina Lambert QC
For Dr Bee



GMC v Dr Kane

Sally Smith QC led Christopher Mellor in prosecuting Dr Kane for the GMC in the first contested hearing under the new voluntary erasure rules. Dr Kane was ultimately permitted to apply for voluntary erasure on the grounds of his ill-health.
Sally Smith QC
Christopher Mellor
For the GMC




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