Professional Regulatory & Discipline

Overview

Old Square Chambers are at the forefront of professional disciplinary work for clients within the following sectors: healthcare, legal services, education, financial services, police and sport.

Barristers at all levels of call have experience of appearing before, chairing and sitting as Members and Legal Assessors on Disciplinary Tribunals.  They appear at all stages of the process including safeguarding any rights by resource to the High Court and the Privy Council.  Several of our silks and juniors regularly appear in cases in the Supreme Court, Court of Appeal and High Court.

To download our Healthcare booklet, please click here.

To download our Dental Law Team booklet, please click here.

EXPERT ADVICE AND REPRESENTATION BEFORE THE MAJOR REGULATORS

Old Square Chambers barristers appear before;

  • General Medical Council
  • General Dental Council
  • Health and Care Professions Council
  • Nursing and Midwifery Council
  • General Pharmaceutical Council
  • General Optical Council
  • General Chiropractic Council
  • General Osteopathic Council
  • Architects Registration Board
  • UK Athletics Panel
  • Sports Dispute Resolution Panel
  • British Boxing Board of Control
  • General Teaching Council
  • Solicitors Disciplinary Tribunal
  • Bar Tribunal and Adjudication Service
     

In addition several barristers sit as Legal Assessors, Chairs and Panel members on:

  • General Medical Council
  • General Dental Council
  • Mental Health Review Tribunal
  • Professional Conduct Committee of the Bar Council
  • Premier League Arbitration Panel
  • Sports Dispute Resolution Panel
  • University Grievance and Disciplinary Committees
  • National Anti-Doping Panel
  • FA’s Judicial Panel / Judicial Appeal Board
  • Sport Resolutions (UK) Panel

Members also have extensive experience of Performers List proceedings and judicial reviews relating to doctors in training.

 

Old Square Chambers are at the forefront of professional disciplinary work for clients within the following sectors: healthcare, legal services, education, financial services, police and sport.

Barristers at all levels of call have experience of appearing before, chairing and sitting as Members and Legal Assessors on Disciplinary Tribunals.  They appear at all stages of the process including safeguarding any rights by resource to the High Court and the Privy Council.  Several of our silks and juniors regularly appear in cases in the Supreme Court, Court of Appeal and High Court.

To download our Healthcare booklet, please click here.

To download our Dental Law Team booklet, please click here.

EXPERT ADVICE AND REPRESENTATION BEFORE THE MAJOR REGULATORS

Old Square Chambers barristers appear before;

  • General Medical Council
  • General Dental Council
  • Health and Care Professions Council
  • Nursing and Midwifery Council
  • General Pharmaceutical Council
  • General Optical Council
  • General Chiropractic Council
  • General Osteopathic Council
  • Architects Registration Board
  • UK Athletics Panel
  • Sports Dispute Resolution Panel
  • British Boxing Board of Control
  • General Teaching Council
  • Solicitors Disciplinary Tribunal
  • Bar Tribunal and Adjudication Service
     

In addition several barristers sit as Legal Assessors, Chairs and Panel members on:

  • General Medical Council
  • General Dental Council
  • Mental Health Review Tribunal
  • Professional Conduct Committee of the Bar Council
  • Premier League Arbitration Panel
  • Sports Dispute Resolution Panel
  • University Grievance and Disciplinary Committees
  • National Anti-Doping Panel
  • FA’s Judicial Panel / Judicial Appeal Board
  • Sport Resolutions (UK) Panel

Members also have extensive experience of Performers List proceedings and judicial reviews relating to doctors in training.

 

To name but a few...

  • GMC v Nankhonya [2015] EWHC 1425 – Mary O’Rourke QC appeared for the doctor, resisting an application by the GMC to extend interim sanctions;
  • R (Banerjee) v GMC [2015] EWHC 2263 (Admin) – judicial review of a panel’s refusal to restore a doctor to the register.  Mary O’Rourke QC appeared for the doctor;
  • Powys Teaching Local Health Board v Dr Piotr Dusza, Dr Hako Sobhani [2015] EWCA Civ 15 – case concerned the interpretation of the dental contract and related regulations that apply to all dentists in Wales who undertake NHS work.  Similar contracts and regulations apply to dentists undertaking NHS work in England.  Mary O’Rourke QC, leading Nicola Newbegin, appeared for the dentists;
  • Dr Chakrabarty v Ipswich Hospital NHS Trust (with NCAS intervening) [2014] EWHC 2735; [2014] Med LR 379 which examined the interaction between internal trust capability proceedings and proceedings before the GMC / MPTS – Giles Powell and Nicola Newbegin appeared for the Trust.  Mark Sutton QC with Ben Cooper appeared for NCAS;
  • Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin) – Ben Collins appeared for the ARB;
  • McMillan v. Airedale NHS Trust [2014] EWCA Civ 1031. Claim for an injunction by a Consultant Obstetrician and Gynaecologist against her employing NHS Trust arising out of disciplinary proceedings and an appeal from those.  The case concerned whether a Trust could increase sanction on appeal.  The Court of Appeal held that they could not.  Mary O'Rourke QC leading Nicola Newbegin acted for the Consultant and Mark Sutton QC leading Ben Cooper acted for the Trust;
  • West London Mental Health NHS Trust v. Dr Chhabra [2013] UKSC 80. Hearing before the Supreme Court. First consideration at this level of appeal of the scope and exercise of the High Court's powers to grant injunctions regulating the conduct of internal employment based disciplinary proceedings. First consideration of whether Court should use its injunction jurisdiction to prevent an employer categorising complaints as matters of gross misconduct for which dismissal would be an available sanction;
  • GMC v. Sondhi  [2013] EWHC 4233 (Admin). GMC Fitness to Practise Proceedings against GP who was Chairman of an Out of Hours service and is charged with financial dishonesty and bullying of staff and deficient clinical care and racism. Case also resulted in a High Court hearing in Sept 2013 as to whether GMC could continue a 3 year interim suspension. Mary O’Rourke QC represented Dr Sondhi;
  • R (Mehey) v. Visitors to the Inns of Court and Bar Standards Board [2013] EWHC 3097. John Hendy QC appeared for Yash Mehey, a barrister disciplined by a Disciplinary tribunal and upheld by the Visitors, on a challenge on procedural grounds to the Admin court. The challenge was principally to composition of both panels on the grounds that members were time-expired under the rules and that this could not be justified by the de facto judge doctrine which was contrary to Article 6, European Convention on Human Rights;
  • Uddin v GMC [2012] EWHC 2669 (Admin) – appeal against decision of FTP Panel.  Leading case on meaning of dishonesty.  Mary O’Rourke QC, with Nadia Motraghi, appeared for the doctor;
  • Maggs & Johnson v. NMC. Judicial Review of determination by NMC in its longest ever professional conduct case (86 days over almost 3 years) where Mary O'Rourke QC represented the matron and Manager of a well-known Nursing Home in Twickenham. Mary had previously represented the Chief Executive of the Group (Dr Chai Patel) in the GMC in 2005. The High Court quashed the findings against both holding the case to be a case study for how a disciplinary case should NOT be conducted;
  • Mattu v. The United Kingdom Of Great Britain And Northern Ireland [ECHR] - Mattu v. University Hospitals of Coventry and Warwickshire NHS Trust [2012] EWCA Civ 641. Application to the ECtHR, made in April 2013, asserting that Articles 6 and 8 ECHR were engaged and violated by internal disciplinary proceedings.  Original Claim for injunction and declarations, by a Consultant Cardiologist, alleging infringement of Article 6 ECHR and breach of contract in respect of categorisation of the misconduct. John Hendy QC leading Giles Powell and Nicola Newbegin;
  • Dr Saha v. South Warwickshire NHS Foundation Trust [2013] EWHC (QB). Giles Powell appeared for Dr Saha (leading Nadia Motraghi). Claim brought by Dr Saha, a consultant paediatrician suffering from mental ill health. Dr Saha alleged that the Trust should have treated allegations of misconduct which it has made against her as matters of ill health for treatment and advice from the specialist services available.  She sought an injunction to restrain the Trust from convening a disciplinary hearing in respect of the allegations of misconduct; and from continuing her exclusion (suspension) or full exclusion from her role and work as a paediatrician.  She also sought orders requiring the Trust to appoint a case manager who had the appearance of impartiality; and to provide full details of the allegations she faced.  The matter settled just before the speedy trial;
  • Lloyd Owen v. Spire Health Care Ltd [2013] EWHC 3542 (QB). Giles Powell v. Ben Cooper;
  • Dunn v. Basildon University Hospitals Foundation Trust [2013] EWHC 3636 (QB) Giles Powell v. Stuart Brittenden;
  • Solicitors Regulation Authority v. Alexander Adeyemo [2013] EWHC 3346 (Admin);
  • R (Dowland) v. Architects Registration Board [2013] EWHC 893 (Admin); [2013] B.P.I.R. 566. – ARB succeeded in establishing power to deny re-entry onto the register.  Ben Collins acted for the ARB.
“​ Old Square Chambers has‘built areputation for high-quality advice and advocacy in the professional disciplinespace’.The barristers are ‘extremely approachable and down to earth’,as well as being‘trend-setters and law-changers of the highest order, whoprovide a highly effective service’. The clerks do‘a fantastic job’too,‘always going the extra mile’;‘nothing is ever a problem’.

Legal 500 2017

“​Mary O'Rourke QC of Old Square Chambers is ranked as a STAR INDIVIDUAL in the field of Professional Discipline work. Her practice is healthcare-focused and she exclusively defends before an array of regulatory bodies, including the GMC, GDC and NMC. She has handled some of the most high-profile cases in the area, such as Baby P. ”

Chambers & Partners

“She has such a good reputation at the GMC - her status as a star is justified. ”

Chambers & Partners

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