 Mark Sutton QC's practice spans employment disputes, professional regulatory cases and hearings before disciplinary panels. He is recommended as a leading silk by the Legal 500 Directory who observe that he is 'the first choice for disciplinary cases involving doctors'.
A significant portion of Mark's recent cases have related to the healthcare sector, with clients equally divided between medical staff and employing Trusts. He routinely appears before civil courts, employment tribunals, professional regulatory panels and at disciplinary hearings and inquiries.
Aside from his healthcare practice, Mark has broad and extensive experience of all aspects of employment law. He advises clients, both corporate and individual, in all categories of dispute and across all spheres of employment including financial services, education, local authorities and the Police. Mark has appeared before the higher appellate courts in several landmark cases. He is widely recognised for his skilful and tenacious advocacy along with his incisive and pragmatic advice in matters of legal and evidential complexity.
Mark heads the employment group at Old Square Chambers and is extensively engaged in providing lectures and seminars to professional societies and solicitors. He has sat as a part-time judge of the Employment Tribunals for over ten years. He acts as a legal assessor for the Nursing and Midwifery Council. Mark also chairs university disciplinary and grievance panels. He is a Master of the Bench of the Middle Temple.
Qualifications: BA Hons. Dipl Law.
Examples of recent notable cases:
West London Mental Health NHS Trust v. Chhabra
[2013] EWCA Civ 11. Court of Appeal. Pill, Jackson and Treacy LJJ.
Role of the case investigator under MHPS. Whether the case manager, in determining which concerns should proceed to a disciplinary hearing, is bound by the findings of the case investigator? What matters are capable of being viewed as potential gross misconduct. Contractual obligation to engage in ‘fair blame’ procedure. Requirement to proceed with combined hearing of capability and conduct concerns.
[application for permission to appeal to the Supreme Court pending]
Mark Sutton QC for the doctor, leading Betsan Criddle.
Matthews v. Buckinghamshire Healthcare NHS Foundation Trust
[2013] EWHC 753 (QB) Globe J.
Consultant surgeon's application for an interim injunction restraining a Trust from convening a disciplinary hearing refused. Held that it would not amount to a breach of contract for the Trust to have regard to a 'spent' disciplinary warning when it came to determine sanction. The guidance in Airbus UK Limited v Webb [2008] EWCA Civ 49 applied.
Mark Sutton QC for the Trust.
GMC v. Dr X
MPTS Fitness to Practise Panel 29 April - 1 May 2013
[health case - held in private]
Whether trainee doctors fitness to practise impaired by dyslexia following prescribing errors. Finding of no impairment by reason of adverse physical or mental health.
Mark Sutton QC for the doctor.
Full hearing before MPTS Fitness to Practise panel
22.10.12 - 13.11.12
Consultant anaesthetist. Multiple allegations relating to pre- and perioperative treatment of complex patient. Impairment found. Conditions of practice imposed.
Mark Sutton QC for the doctor.
[2012] Med LR 568
(Mark Sutton QC for Trust leading Betsan Criddle).
Issue: whether an NHS Trust was acting in accordance with a consultant’s contract of employment in instigating an investigation and convening a hearing to consider whether employment should be terminated on the grounds of an irretrievable breakdown in working relationships. Whether such alleged breakdown provided a potential ground for dismissal distinct from capability as defined in the Trust's procedures.
Fitness to Practise hearing 5-15 March 2012
(Mark Sutton QC for Doctor)
Hearing before the GMC Fitness to Practise panel. Allegations of misconduct including dishonesty brought against a consultant audiologist.
(2011) 122 BMLR 43, [2011] EWHC 2178 (QB)
MS represented the claimant in a successful application for declaratory and injunctive relief requiring an NHS Trust to refer a clinician’s case to the National Clinical Assessment Service before proceeding with an internal capability hearing.
[2011] EWHC 1670 (QB)
MS representing NHS Trust. Trust resisted an application for injunctive relief preventing it from proceeding with a conduct hearing, in circumstances where a clinician’s practice was also the subject of capability concerns.
[2012] 2 WLR 55
MS successfully representing the appellant Trust in an appeal concerning the availability of a remedy in damages for breach of a contractually incorporated disciplinary procedure.
McGregor v Abertawe Bro Morgannwg University Local Health Board [2011] High Court
MS successfully representing claimant professor of plastic surgery. Dispute concerning the proper construction of contractual leave entitlements for medical staff provided for under nationally negotiated terms and conditions of employment.
[2011] IRLR 582 (HC)
MS representing the successful defendant Trust (with John Bowers QC) in a judicial review application in which the claimant sought an injunction restraining the Trust from proceeding with a disciplinary hearing on the ground of non-compliance with Human Rights Convention requirements.
[2011] QB 339
MS representing the Trust. Recoverability of damages for breach of disciplinary policy. Scope and effect of Johnson v Unisys guidance.
[2009] ICR 624 / [2009 IRLR 86
MS Representing Abbey National (with Christopher Jeans QC) Guidance on the availability of stigma damages and calculation of future loss of earnings in race discrimination complaints.
MS representing Trust. Court of Appeal, on an appeal from the Employment Appeal Tribunal, considers whether an employer’s unsuccessful attempt to engage in a mediation process can affect the reasonableness of a subsequent dismissal founded upon overlapping allegations of misconduct.
Representing the Nursing Council.
Statutory appeal brought by registrant against the determination of a restoration panel.
[2010] All ER (D) 50 (Apr)
MS successfully representing the respondent general practitioner in resisting an appeal brought by the Primary Care Trust against a determination of the Family Health Service Appeal Authority.
Aftab v. North Lincolnshire NHS Trust [Administrative Court] [2010] (leading Marcus Pilgerstorfer)
MS representing doctor claimant in an application for judicial review. Issue as to the amenability of an internal disciplinary process to judicial review and the applicability of Human Rights Act protections.
MS representing doctor in successful six day appeal before the High Court, overturning key findings of a Fitness to Practise Panel of the General Medical Council. Case remitted to the GMC for rehearing. The judgment of King J provides important guidance on the approach to be adopted by a disciplinary panel in determining allegations of dishonesty brought against a professional person.
MS successfully representing the defendant Trust in resisting application for mandatory injunction requiring it to lift the claimant clinician’s exclusion from work.
Reported: 2009 AllER (D) 39/ 2009 53 Sol Jo. (No.34) |
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