Professional Discipline & Regulation

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
• Teacher/Headteacher professional regulation and conduct
• 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” [2005] and its successor “The Regulation of Healthcare Professionals: Law, Principle and Process” [2012].

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:

• Raychaudhuri v General Medical Council [2018] EWCA Civ 2027
• Michalak v General Medical Council [2017] UKSC 71
• Houshian v General Medical Council [2012] EWHC 3458 (QB)
• Harry v General Medical Council [2012] EWHC 2762
• R (Patel) v General Medical Council [2012] 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 [2012] EWHC 1269 (Admin)
• Negin Shamsian v GMC [2011] EWHC 2885 (Admin)
• GMC v Wakefield
• GMC v Southall
• GMC v Squier

In 2018 we were awarded the ‘Professional Discipline Set of the Year’ by Chambers & Partners.

1 Crown Office Row is a go-to chambers for medical professionals who are facing disciplinary action. The barristers consistently achieve excellent results for clients in investigations and proceedings involving the PSA, GMC, GDC, RCVS and other regulators. They handle everything from allegations of poor conduct outside work to the most serious clinical failings. One commentator notes: “1COR is a top-notch set and a go-to for both professional disciplinary and inquest work. The level of attention to detail is second to none.” Chambers & Partners 2023

Legal 500 2022 describe our set as “filled with excellent barristers who are at the top of their game. The silks are of an impressive calibre and the juniors are hugely impressive.” “The chambers are my go-to set for professional discipline work. Clerks are excellent in responding to any queries and enquiries.”

“The clerks are always quick to get back to any queries and will bend over backwards to try and accommodate requests. These clerks are the best in the business.”