Jonathan Davies

JONATHAN's PRACTICE AREAS

• Dr Kulkarni v. Milton Keynes Hospital NHS Trust [2009] EWCA Civ 789, Court of Appeal; (contract of employment, doctor - discretion to allow legal representation). Jonathan appeared as junior Counsel both at trial and at the successful appeal in this matter before the Court of Appeal in May 2009. The judgment was highly significant for two reasons:
• it establishes that doctors and dentists employed by the National Health Service are entitled to legal representation at internal disciplinary hearings to determine serious disciplinary charges made against them;
• it strongly suggests (albeit obiter) in relation to all employees of public bodies that internal disciplinary proceedings which may result in dismissal in circumstances where, as a direct consequence of that dismissal the dismissed employee is effectively prevented from ever practising his profession again, must comply with Article 6 of the European Convention of Human Rights.

• Dr Mezey v. S.W.London & St. George's etc Trust [2010] EWCA Civ 293, Court of Appeal - Jonathan was instructed as junior Counsel to John Hendy QC. The Court of Appeal upheld the decision of the High Court to grant an injunction preventing the Trust from convening a disciplinary hearing. The Court of Appeal held that under Maintaining High Professional Standards in the NHS, the national disciplinary and capability procedure that applies to all medical practitioners in the NHS, a capability issue only arose if it could be shown that the employee medical practitioner lacked knowledge, or ability, or had rendered consistently poor performance. Since the findings of the investigatory panel did not constitute capability issues as defined by the contractual disciplinary procedure, the Trust acted in breach of contract in convening a disciplinary meeting and the granting of an injunction was therefore appropriate.

• Dr Banerjee v. Whipps Cross Hospitals NHS Trust - Jonathan was instructed as junior Counsel to Mark Sutton to represent the Claimant doctor in this application in the High Court to enforce an NHS doctor's right to be independently assessed by the National Clinical Assessment Service in relation to allegations of incapability made about him by his employing trust. The proceedings were settled with a successful outcome for the Claimant;

• Dr Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] IRLR 956 (QB) (contract of employment, duty of mutual trust and confidence, doctor - breaches of procedure including internal appeal) - instructed as junior Counsel to advise, prepare all pleadings, application for injunction in the High Court proceedings. Jonathan appeared in interim application for disclosure of records of criminal interviews in this matter;

• Mr Gryf-Lowczowski v. Hinchingbrooke Healthcare NHS Trust [2006] ICR 425; Jonathan was not involved in the case cited, but was instructed as junior Counsel the latter part of 2007 to represent Mr Gryf-Lowczowski in a second set of proceedings against the same Trust for injunctive relief, which eventually settled in early 2008.

• Dr Mattu v. University Hospitals Coventry and Warwickshire NHS Trust [2006] EWHC 1774 (QB); LTL 21/7/2006 - instructed as junior Counsel to advise, prepare all pleadings, application for injunction, skeleton arguments in the High Court proceedings. Jonathan appeared as junior Counsel in the internal 6 week long disciplinary hearing before Mr Andrew Stafford QC to which the High Court application related. Dr Mattu has now returned to the Trust after one of the longest suspensions in medical history.