Professional Discipline
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Recent Overview
Old Square Chambers have continued to be at the forefront of professional disciplinary work, and are widely regarded as a dominant force in disciplinary proceedings, specifically, although not solely, within the Healthcare Sector.
John Hendy QC, Mark Sutton QC and Mary O’Rourke QC, spearhead an impressive array of specialists within this sector, with the team's reputation renowned for its depth, experience and excellence, at all levels.
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John Hendy QC, who has appeared in most of the leading doctors' cases on injunctions to restrain breaches of disciplinary procedures, in particular to restrain dismissals and suspensions, as well as many of the leading doctors' reported cases on Article 6 of the European Convention.
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Mark Sutton QC, whose practice spans the healthcare and education sectors, including the benchmark appeal of Edwards in the Supreme Court, Chauhan in the Court of Appeal, and a number of significant hearings before the GMC.
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Mary O'Rourke QC, continues to specialise in the defence of doctors before the GMC and on appeal or in Judicial Reviews of the GMC. Cases include Edwards in the Supreme Court and Uddin v. GMC in the Administrative Court.
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Paul Gilroy QC, as well as being a leading silk within disciplinary proceedings with the NHS, he has an unrivalled practice and reputation in sports disciplinary cases, being a member of the National Anti-Doping Panel, the FA's Judicial Panel/Judicial Appeal Board as well as on the Sport Resolutions (UK) panel. His practice also covers disciplinary cases in the education sectors.
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Giles Powell, whose expertise spans healthcare professionals, financial and investment advisors, Liffe members, police officers, solicitors and sportsmen/women and whose 2011 highlights include the much discussed doctors disciplinary cases Puri, Hussain, Mattu and Lim.
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Ben Cooper, whose experience includes a range of disciplinary cases defending NHS Trusts: Bowater v. North West London Hospitals NHS Trust, Hussain v. Surrey & Sussex Healthcare NHS Trust and Sarkar v. West London Mental Health NHS Trust.
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Betsan Criddle, who has appeared in a plethora of leading disciplinary proceedings with the NHS, including Lim v. Royal Wolverhampton Hospital NHS Trust, Kerslake v. North West London Hospitals NHS Trust and Chhabra v. West London Mental Health NHS Trust.
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Jonathan Davies has considerable experience of acting for doctors both in internal disciplinary hearings and has been instructed in numerous proceedings for injunctive relief in the High Court. Examples are Kulkarni v. Milton Keynes Hospital NHS Trust [2010] I.C.R. 101, CA which established a doctor's right to be legally represented in such hearings and Mezey v. South West London and St George's Mental Health NHS Trust [2010] I.R.L.R. 512, CA which established the threshold that must be passed before a trust employer is contractually entitled to a capability hearing under Part IV of MHPS;
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Nadia Motraghi, whose reputation and experience continues to grow, with experience including junior to Mary O'Rourke QC in Uddin v. GMC in the Administrative Court.
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Nicola Newbegin, whose experience includes the four leading doctor’s disciplinary cases: Puri, Hussain, Mattu and Lim.
Members of Chambers at all levels of call have experience of appearing before, chairing and sitting as Legal Assessors on Disciplinary Tribunals. Members appear at all stages of the process including safeguarding any rights by recourse to the High Court and the Privy Council.
The work of Chambers also includes participation in drafting disciplinary procedures in both professional and employment contexts.
Nature of work
Drawing from its considerable strength in the fields of employment law and clinical law, Old Square Chambers has particular expertise in healthcare, education, police and sports-related disciplinary work.
Members of the group frequently appear before the following bodies:
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General Medical Council
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Health Professions Council
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Nursing and Midwifery Council
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British Psychological Society
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UK Athletics Panel
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Sports Dispute Resolution Panel
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British Boxing Board of Control
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General Teaching Council
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Law Society Disciplinary Tribunal
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Professional Conduct Committee of the Bar Council
Members of the group have also sat as Legal Assessors, Chairs and Panel members on the following:
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General Medical Council
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British Psychological Society
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General Dental Council
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Mental Health Review Tribunal
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Professional Conduct Committee of the Bar Council
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Premier League Arbitration Panel
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Sports Dispute Resolution Panel
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University Grievance and Disciplinary Committees
Seminars
A programme of internal and external seminars is held each year. For further information please see Seminars. |
Practice Area Barristers
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