Jim Duffy has successfully defended a GP who refused to comply with a Subject Access Request made by...
The barristers at 1 Crown Office Row make up a strong team of silks and juniors whose experience is difficult to rival, in particular in the medical field given their incontrovertible expertise in clinical negligence.
Members of Chambers have appeared in some of the most significant and high profile professional disciplinary hearings of recent years as well as in subsequent appeals and challenges to decisions made by the various tribunals.
The volume of work before the Medical Practitioners Tribunal Service prompted the decision to open an annexe in the same building in Manchester in which the MPTS hearings are held. We therefore have good facilities in both London and Manchester.
Whilst much of this work is in the healthcare field, members of Chambers have also been involved in disciplinary hearings concerning sports governing bodies, the police, the legal profession, accountants, surveyors and vets.
Experience before these bodies includes dealing with allegations relating to conduct (including clinical care, financial irregularity, ethical issues and criminal offences), competency and health. Members also have extensive experience of challenging decisions made by various professional bodies, either through the statutory schemes in places for specific regulators or via judicial review proceedings.
Our experience includes advising in relation to and appearing before:
- Medical Practitioners Tribunal Service
- Internal NHS Trust disciplinary panels
- Medical School disciplinary panels
- Nursing and Midwifery Council
- General Medical Council
- General Dental Council
- General Osteopathic Council
- General Optical Council
- General Chiropractic Council
- The British Chiropractic Council
- Health and Care Professions Council
- Hearings concerning inclusion on specialist lists
- Royal College of Veterinary Surgeons
- Royal College of Nursing
- Solicitors Disciplinary Tribunal
- Bar Disciplinary Tribunal
- MOD Police
- Financial Conduct Authority
- Advising athletes and sports officials in relation to disciplinary proceedings before sports governing bodies
- Acting for health care practitioners in public inquiry relating to clinical care
- Bar Pro Bono Unit
Members of Chambers also have wide experience of appearing before and Chairing Disciplinary Tribunals.
Members’ publications include the primary textbook on regulation in the healthcare sector, “Fitness to Practise: Health Care Regulatory Law, Principle and Process”  and its successor “The Regulation of Healthcare Professionals: Law, Principle and Process” .
Our expertise in the field of professional discipline is augmented by our reputation as the leading clinical negligence set. It is not unusual for civil claims and Coroner’s Inquests to lead to complaints to professional bodies, in particular since the introduction of the requirement to self refer to the GMC in the event of criticism. Members of Chambers frequently work together with the Medical Defence Organisations when advising individual clinicians both before and after such referrals have been made.
There is also some overlap with our expertise in public inquiries, with Members of Chambers having acted for health care practitioners in inquiries relating to clinical care.
Notable cases include:
- Houshian v. General Medical Council  EWHC 3458 (QB)
- Harry v. General Medical Council  EWHC 2762
- R (Patel) v. General Medical Council  EWHC 2012 EWHC 2120
- Preiss v General Dental Council – Privy Council 2001 HRLR56 2001 Lloyd’s Rep Med 491
- Dr Michael Jonathan Fish v GMC  EWHC 1269 (Admin)
- Negin Shamsian v GMC  EWHC 2885 (Admin)
- GMC v Wakefield
- GMC v Southall
- GMC v Squier
This year we were awarded the Professional Discipline Set of the Year by Chambers & Partners. In 2013 we were awarded Professional Discipline Set of the Year at the Chambers Bar Awards.
“1 Crown Office Row is acknowledged as a leading set for professional discipline work, thanks to its expertise in a wide range of sectors. It is especially notable for its strength in disputes involving medical practitioners including doctors, nurses and dentists. Members regularly defend individuals before regulatory bodies such as the General Medical Council (GMC) and General Dental Council (GDC). They are also instructed to act on behalf of regulators. A significant recent instruction was Dr Squier v General Medical Council, which overturned the Medical Practitioners Tribunal Service’s (MPTS) findings of dishonesty against an expert witness in cases relating to shaken baby syndrome. Sources pay tribute to the barristers’ “intellect,” remarking that it “makes them special and a pleasure to work with.” (Chambers & Partners 2018)
“The clerking is excellent. They are flexible and always try to find a solution.” “The clerks are excellent. They are very efficient and have a very good understanding of the expertise of different barristers.” (Chambers & Partners 2018)
“1 Crown Office Row handles a range of cases regarding medical regulation, typically for the defence, meshing with the set’s reputation for clinical negligence cases. Clodagh Bradley QC represented a doctor accused by the GMC of having diagnosed a person with a history of making false allegations to the police as terminally ill before encouraging her to make him a bequest in her will; the case was dismissed early in the hearing.” (Legal 500 2017)
“1 Crown Office Row handles professional negligence cases involving lawyers and construction, planning and environmental professionals. The practice is also closely linked to its market-leading clinical negligence expertise.” (Legal 500 2017)
Jim Duffy in Subject Access Request win for GP - Feb 2018
1COR Annual Professional Discipline Seminar - Jun 2017
Former BMA chair James Johnson cleared of misconduct by GMC - Dec 2010
Martin Forde QC in significant appeal on dishonesty in professional regulation - Dec 2017
David Balcombe QC successfully defends cosmetic surgeon before Medical Practitioners Tribunal - Nov 2017
William Edis QC succeeds in the Supreme Court in a significant case concerning regulated professionals - Nov 2017
1COR named ‘Professional Discipline Set of the Year’ by Chambers & Partners - Oct 2017
Elizabeth-Anne Gumbel QC and Robert Kellar win preliminary issue on vicarious liability in the High Court - Sep 2017
2017 Chambers UK Bar Awards – Nominations - Aug 2017
Elizabeth-Anne Gumbel QC and Robert Kellar succeed in establishing vicarious liability of bank for sexual assaults - Aug 2017
Emma-Louise Fenelon successfully represents NHS Trust in NAI case - Aug 2017
Jim Duffy in Successful Unfair Dismissal Claim - Mar 2017
Clodagh Bradley obtains stay of proceedings against the GDC on grounds of abuse of process - Jun 2015
John Whitting QC in landmark decision by Court of Appeal about doctors’ responsibility for product literature - May 2014
Richard Mumford represents a nurse in disciplinary hearings for not disclosing her partners criminal convictions - Apr 2014
Clodagh Bradley represented Dr Scholten in the GMC against charges he photographed a woman’s genitalia during a breast implant operation, without consent - Nov 2013
Owain Thomas succeeds in defending a PCT’s decision not to admit a Doctor who introduced religious content into consultations - Oct 2013
1COR’s double success at the Chambers & Partners Bar Awards 2013 - Oct 2013
Robert Kellar in High Court ruling that General Medical Council is too late with child sex abuse complaint - Sep 2013
1COR shortlisted for 5 awards in the 2013 Chambers & Partners Bar Awards - Sep 2013
Richard Booth QC defends Consultant Breast Surgeon in GMC - May 2013
Christina Lambert QC challenges the GMC’s pilot scheme for formulating charges in case of sexual assault - May 2012
Martin Forde QC in a series of successful High Court challenges to GMC decisions - May 2012
1 Crown Office Row appears on both sides of the Professor Walker-Smith appeal - Mar 2012
Martin Forde QC secures Appeal victories for two doctors in two weeks - Nov 2011
Martin Forde QC secures not proven decision from GMC Fitness to Practise for Consultant Anaesthetist - Sep 2011
Kieran Coonan QC and Neil Sheldon obtain block on hearsay evidence in Bonhoeffer case - Jul 2011
Kieran Coonan QC is representing a vet in the Queen’s racehorse drug case hearing - Feb 2011
1COR named Professional Discipline Set of the Year at Chambers Bar Awards - Oct 2010
Philip Havers QC appointed specialist advisor to the Legal Services Board - Jan 2010