Professional Discipline: UK-wide
 

Professional Discipline : An Introduction

Contributed by Kingsley Napley LLP

2011 has been a significant year for those involved in the field of regulation and professional discipline, characterised by great change both in terms of political emphasis and in the realisation of new ideas and policies in this important area. The full impact of the accession of the new Conservative-led coalition government to power has yet to be felt; even so, the changes to date have been palpable. The 'Better Regulation Agenda,' pursued with such rigour by the previous UK administration (as well as further afield), has morphed into the 'Reducing Regulation Agenda.' The widely heralded 'quango bonfire' has threatened the existence of a number of established regulatory authorities, including the Statistics Board for England and the Human Fertilisation and Embryology Authority. Those regulators that do survive are likely to come under the close scrutiny of the Reducing Regulation Sub-committee and there is little doubt that more change is afoot in the months to come. Professional regulation has continued to evolve throughout this period, with ever greater emphasis placed on regulatory economy and efficiency. Indeed, there have been changes in virtually all sectors and many professions remain in a state of flux.

The Legal Profession

Legal professionals have felt the impact of one of the major trends of the reform agenda, namely the ongoing drive towards the opening up of markets in certain professional sectors. The new administration, having elected to continue with the structural changes introduced by the Legal Services Act 2007, introduced reforms that have radically transformed the way in which the legal sector is regulated, the next phase of which will see the launch of Alternative Business Structures in October 2011, allowing the participation of non-lawyers in law firms as well as granting their external ownership.

Solicitors have seen yet more change to their own disciplinary regime with the recent publication of the Solicitors’ Regulation Authority’s new handbook, which includes a new Code of Conduct heralding the implementation of 'outcomes' and 'risk-based' regulation.

Healthcare

The regulation of healthcare professionals, this year as ever, has been characterised by significant change. The regulatory oversight body, the Council for Healthcare Regulatory Excellence (CHRE), has been in the news, first for its far-reaching consultation on the improvement of fitness to practise adjudication systems and secondly as a result of the Health & Social Care Bill, which has introduced proposals to give CHRE greater powers and increased independence from government. Under the terms of the Bill, the newly entitled Professional Standards Agency for Health and Social Care is set to assume responsibility for the regulatory oversight of social workers, the quality assurance of appointments to all of the health regulators’ councils and the task of standards setting and quality assurance for other professional groups connected with health, care and well-being.

The regulators themselves have also been very active, with a number consulting on significant changes to the way in which they regulate. The General Medical Council, for example, is considering a step change to the way in which it deals with complaints about doctors, permitting the disposal of certain cases without the need for a fitness to practise hearing. The General Optical Council is also considering a major overhaul to its fitness to practise rules, most notably providing for the applicability of the civil, rather than the criminal, rules on the admissibility of evidence.

Financial

Following the publication of the White Paper, "A new approach to financial regulation: the blueprint for reform," in June 2011, it appears that the restructuring of the Financial Services Authority (FSA) is now not expected to be completed until the end of 2012 or early 2013. Its successor body, the Financial Conduct Authority - which will be charged with ensuring conduct and markets regulation - is intended to be "tougher, bolder and more engaged with consumers," according to the FSA.

Elsewhere in the world of financial regulation, the trend continues towards an increasing emphasis on principles and outcomes as opposed to prescriptive rules and more traditional process-driven models. This year, for example, the Financial Reporting Council has compiled a suite of new principles-based technical standards for actuaries. Increasingly, regulators are seeking to extend these concepts to all aspects of their regulatory approach, as illustrated by the recent debate around the need for an outcomes-focused approach to continuing professional development, the aim being to provide a more meaningful and relevant assurance of professional competence.

Education

The regulation of teachers is set for a major overhaul over the next 12 months. The General Teaching Council for England will cease to exist, leaving in its place the Teaching Agency, which will carry out the statutory functions of the Department for Education and exercise a barring function not unlike the Independent Safeguarding Authority.

Conclusion

2012 promises to be another year of continued overhaul on the one hand and consolidation on the other, with regulators concentrating their efforts on efficiency gains, met in part through more focused outcomes-based regulation. The current administration’s drive for a 'lighter touch' regulatory framework and the streamlining of disciplinary procedures will no doubt change the landscape for many professional regulatory bodies once again.

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Professional Discipline: UK-wide

The market is clear that other firms should seek to emulate this practice for its "highly professional, yet approachable" handling of medical disciplinary cases. The team is spread across the firm's offices in London, Manchester, Cardiff and Southampton and has grown with numerous lateral hires that include Jane Lang and Mark Shaw from RadcliffesLeBrasseur and Hempsons respectively. Members of the group have defended dentists, doctors, midwives and mental health professionals before a clutch of regulatory bodies with regards to fitness-to-practise, fraud and misconduct allegations. The team also acts for medical professionals in disputes with hospital trusts and runs training sessions and workshops on defence in disciplinary proceedings.

Client Service "Their care of clients is first rate. Great at managing expectations and technically excellent – procedurally there is never a foot out of place."

KEY INDIVIDUALS "Calm, clear-headed" Vicki Swanton is deemed both "delightful to deal with" and "fantastically dedicated" to her clients. She represented a paediatrician being investigated by the GMC. According to market feedback, Gary Allison possesses both "a clear vision and a genuine grasp" of professional discipline. Allison oversees the work of the practice from the firm's London office and is praised for his leadership skills. Manchester-based Michael Brown is spotlighted for the speed and efficiency with which he deals with the concerns of clients. His importance to the team is reflected by his role as head of its Northern operations. Clare Chapman is considered to provide "well-informed, quick and realistic" advice to clients. She acts for doctors and other medical professionals in defending disciplinary and criminal defence cases. A personal service and penchant for giving straightforward advice have won over clients to the talents of Katie Costello, who brings an understanding of potential media and defamation issues to her role in disciplinary cases. Juliette Mellman-Jones is commended for her prompt service and the high quality of her "detailed and accessible" approach. She assisted in the representation of a obstetrician and gynaecologist faced with disciplinary proceedings before both the GMC and a hospital trust. Sources indicate that Rosie Shapiro is a "shrewd operator" with an "intimate knowledge of the labyrinthine geography of the medical disciplinary world." Max Ekstein earns a position in the rankings thanks to "going the extra mile for clients and ensuring that their cases are robustly defended," sources report. He is equally as respected for the quality of his advice, which is described by one client as "sensible and pragmatic." "Quietly confident" Lisa Jones defends practitioners appearing at inquests or before the disciplinary committees of regulatory agencies. "She is really on the ball and has a long future ahead of her" in the field, sources claim. According to peers, Hannah Pilkington will "one day be a market leader in this sector" and is at present an "incredibly able" junior solicitor. Her role in defending practitioners in performers list disciplinary procedures overlaps with an understanding of medical defamation. The arrival of Jane Lang is perceived as adding a significant new string to the team's bow thanks to her wide-ranging involvement in disciplinary investigations, regulatory compliance cases and medical crime cases. Mark Shaw joins the team and is deemed to bring experience of disciplinary and criminal defence cases in bolstering the reputation of the group. Andrew Cameron is pinpointed this year for his burgeoning reputation in the police disciplinary field.

Capsticks continues to grow and is seen by the market as a true leader in its field. Operating from offices in London and the Midlands, the team's traditional focus has been healthcare, as underlined by its reappointment to advise the General Optical Council and new wins to the panels of the General Social Care Council (GSCC) and General Pharmaceutical Council (GPC). It has, however, illustrated a clear desire to expand into other sectors through a role preparing cases for the Solicitors Regulatory Authority (SRA). The group also houses a high level of expertise in handling regulatory and fitness-to-practise queries. Other notable clients include the General Dental Council (GDC), Nursing and Midwifery Council (NMC) and General Chiropractic Council.

KEY INDIVIDUALS Research confirms that Peter Steel is an "approachable opponent and a delight to work with." He acts for a diverse range of regulators, including the SRA and GSCC. Practice head John Witt has "a real ability to get to the bottom of things," sources confirm. "Conscientious and hard-working" Daniel Purcell provides "amazing submissions" and is "astute at reading clients to assess their requirements and concerns," according to feedback. He often deals with high-value and complex claims for regulators. Mark Whiting often leads the line on representing the GDC and is singled out for "getting to the point that needs the most attention immediately." He also acts on cases before the First Tier Tribunal concerning the removal of practitioners from a trust's performers list. Jane Barker has extensive experience both of appearing on behalf of tribunals and as an advocate in regulatory investigations. She also acts in pursuing allegations of healthcare-related fraud. Sources commend Shaun O'Malley for his work on regulatory matters and appearances on behalf of the GDC and GSCC. Annie Sorbie brings a hands-on approach to her work, clients say, bolstering her already strong reputation of preparing fitness-to-practise cases for regulators.

Interviewees are crystal clear: "This is the first choice for regulators when they need digestible, practical legal advice" on disciplinary procedures. Among the group's prominent clients is the GMC, which consulted the team on such matters as the public inquiry into workings at the Mid-Staffordshire Foundation Trust. The team also advised the GMC on high-profile cases concerning misconduct and criminal allegations against medical practitioners. Field Fisher Waterhouse is also on the panels of such bodies as the GSCC, GPC and NMC. It maintains a superb record in advising the GDC, recording a 100% success rate in prosecuting cases of unregistered dentistry. Members of the group are adept at both handling investigatory and fitness-to-practise cases and advice on amending procedural policy.

Client Service "They provide a highly knowledgeable service: it's clear they aren't toying in this area. Great value for money."

KEY INDIVIDUALS Matthew Lohn is felt by the market to be "absolutely charming" and brings a wealth of experience to advising regulators from a range of fields. He oversees the work of the team, earning instructions on drawing up statutory rules and policy. Among his clients is the GPC, for which he advises on fitness-to-practise issues. "Sensible and knowledgeable" Tom Rider continues to act on complex cases before the GMC. He has also lent his expertise to the General Teaching Council for England over disciplinary matters. Mary Timms impresses with her input on matters for a wide range of disciplinary and regulatory agencies, including most recently on behalf of the Royal Institution of Chartered Surveyors. In addition to her work for medical regulatory bodies, including the GDC and NMC, Judith Chrystie also earns plaudits for her advice to the actuarial and police sectors. She has played a close role in advising industry clients subject to regulation on optical and ophthalmic concerns. Caroline Jaggard continues to advise both public sector agencies and private clients on interpreting statutory legislation, while Juliet Oliver is felt to have "client care and legal analysis skills that are truly exceptional." Her advice has been sought by bodies such as the NMC and SRA. Partner Sarah Ellson also deals with instructions from an assorted array of regulatory bodies including medical authorities, the Human Tissue Authority and Football Association. Practising barrister Teresa Murphy recently joined the firm from Blake Lapthorn. She brings considerable advocacy skills and has extensive experience of presenting cases and conducting regulatory investigations before the NMC, where she also worked in-house for two years. She has also advised the HPC and General Osteopathic Council on fitness-to-practise.

Praise rolls in from all fronts for this team, with sources quick to commend it for "listening and responding to concerns on improving our services, turning cases around quickly" and "providing excellent value for money." Leading regulatory agency clients for Kingsley Napley include the Health Professions Council (HPC), Chief Police Officers' Staff Association and Security Industry Authority (SIA), although members of the team have also represented individuals faced with disciplinary investigations. The team can claim a role in a number of high-profile cases, including defending police officers regarding the shooting of Raoul Moat. It also acted in the striking off of Stephen Brennan, the physiotherapist involved in rugby union's Bloodgate affair.

Client Service "They strike the right tone in balancing a case between making sure evidence is heard properly while avoiding an overly confrontational style."

KEY INDIVIDUALS Michael Caplan QC has a wealth of experience, as demonstrated by his additional roles as a recorder and chair of the Police Appeals Tribunal. Head of practice Stephen Parkinson provides "excellent strategic advice on highly sensitive issues," according to sources. He acted for the SIA in prosecuting companies for illegally deploying security guards. "Forthright, fair and impartial" Nicola Hill is a key cog within the team and acts as client care partner for the HPC. She also provides clerking assistance to the disciplinary arm of the Architects Registration Board. According to research, John Harding "strikes the right balance between meeting targets without impacting on quality." He is head of team and is regularly involved in the team's highest profile representations. Sophie Kemp is pinpointed for her "solid and thoughtful" approach to sensitive cases, which this year have included several matters on behalf of the HPC relating to misconduct and inappropriate behaviour. "Organised and concise" Julie Norris has built up a great rapport with clients thanks in part to her "good sense of humour." She is a published authority on regulatory enforcement and has captured the respect of the market.

RadcliffesLeBrasseur is perceived by market sources as a huge presence in this field and has continued to gain a raft of instructions to act before the major healthcare disciplinary panels. The team is also on hand to assist with regulatory issues such as the drafting of disciplinary procedures when required. As an illustration of the rounded nature of the practice, the team is well placed to make representations for lawyers and legal professionals over disciplinary investigations, interventions and appeals.

KEY INDIVIDUALS Ralph Shipway is hailed for his appearances before medical fitness-to-practise panels, earning him the label of "king of the GMC" for his work in front of that regulator. His experience and track record of success are widely noted by sources in the market. Sam Flew is considered a "real star" for his handling of disciplinary and criminal cases in the medical sector, whilst Richard Privett receives accolades for his work before the GMC and various dental defence agencies. He handles fraud, manslaughter and assault cases. Alex Leslie offers years of experience in his role as head of the firm's healthcare team and often leads the practice's work on behalf of the Medical Protection Society. His practice combines a mixture of regulatory and disciplinary instructions. Nicholas Rawson is credited by interviewees for his defence of fraud and manslaughter charges on behalf of medical professionals, whilst Ian Sadler is frequently retained to advise on high-profile allegations of medical misconduct and criminality. Michaela Nicholas has previously worked in the healthcare industry and is adept at representing medical professionals before disciplinary panels. Anne Green is instructed to deal with dental-related claims, although she has also dealt with cases before the GMC and involving internal hospital procedures. Nigel West is best recognised for his role defending solicitors before tribunal hearings and on refusals to grant practising certificates.

Operating from three offices across the UK, Bevan Brittan is especially established in advising on legal regulation and has a long-standing relationship with the SRA. Major highlights include acting for the SRA on the administration of Halliwells and in numerous appeals to the High Court concerning the admission of solicitors. The practice acts for both operators and regulators within the social care sector, including BUPA Care Services, the GSCC and the Care Quality Commission (CQC), underlining its strengths in this sector. Key mandates include advising the CQC on regulatory aspects of the public inquiry into the workings of the Mid-Staffordshire NHS Foundation Trust. Other clients include the Architects Registration Board, the General Teaching Council for England and the Audit Commission. Sources describe the team as "the consummate safe pair of hands."

KEY INDIVIDUALS "Unflappable, intelligent" Iain Miller boasts an "encyclopaedic knowledge of the law," sources claim. He oversees the work of the team and is involved in its most complex cases as a matter of routine, especially in those cases before the SRA. Margaret Bromley is commended for her advocacy skills before solicitors' disciplinary hearings, whilst senior associate Johanna Davies can be called on to counsel on both regulatory and misconduct concerns.

Sources are quick to commend the efforts of this practice for its client service, with one noting that "they help support us both proactively and reactively," and that "we always receive enthusiastic guidance from all members of the team." Blake Lapthorn has recorded an impressive year of growth thanks to an expanding level of misconduct-related instructions from the likes of the GMC, GSCC and HPC. Highlights include a hearing into the actions of a consultant and a registrar who were alleged to have contributed to the death of a patient. The team also acts for other regulators, including the General Optical Council and the Institute for Learning, and is the sole provider to the conduct and compliance panel of the Association of Accounting Technicians.

Client Service "They deliver above and beyond my expectations and have been friendly, courteous and professional at all times."

KEY INDIVIDUALS "Approachable and supportive" Bradley Albuery leads the professional regulatory team and is the relationship partner for a clutch of leading clients, including the GMC and SRA. Along with two of his colleagues he is a legal adviser to the practice committees of the General Teaching Council. Stephen Murfitt earns plaudits for his input on policy discussions and is lauded by clients for delivering "learned advice that fits in with the way we operate." Sources confirm that Nicholas Leale excels in keeping clients up to date, as evidenced by his attracting instructions to act this year for the SRA, HPC and Institute for Learning. Teresa Murphy recently left the firm to join Field fisher Waterhouse LLP.

Eastwoods is widely acknowledged for its representation of medical professionals and defence organisations in investigations, disciplinary hearings and allegations of medical-related criminal offences. The team is also increasingly accomplished at acting in football, sports and police disciplinary proceedings.

KEY INDIVIDUALS Simon Eastwood stands out for producing excellent quality and is identified for his feisty defence at professional regulatory hearings. His in-depth understanding of the healthcare sector is hailed by peers. Partner Adam Smith makes representations on behalf of medical professionals facing misconduct, disciplinary and criminal charges, whilst Joanne Bateman joins the team after a decade in-house at the Medical Defence Union (MDU). She brings a wealth of experience in advising professionals on hearings both before regulators and healthcare trusts. Adam Weston continues to make a name for himself thanks to his work before such regulators as the GMC and GDC. According to feedback, peers would do well to keep an eye on the progress of Stephen Hooper. He acts before a number of regulators and has a good track record on fitness-to-practise cases before the GMC.

One of the greatest attributes of this firm is the joint qualifications of its leading practitioners as barristers and solicitors. The firm is respected by interviewees across the board for its expertise in the field of legal regulatory and disciplinary law.

KEY INDIVIDUALS Both Geoffrey Williams and Andrew Hopper attract considerable acclaim for their wealth of experience, successful track record and gravitas in the field.

Hempsons has a fine reputation for acting on behalf of practitioners and medical defence bodies in regulatory proceedings, especially in the dental and optical fields. The Manchester office remains greatly busy and works closely with the firm's bases in Harrogate, Newcastle and London. Members of the team also have experience of appearing before a range of regulators including the HPC, the Royal Pharmaceutical Society of Great Britain and the Chartered Society of Physiotherapists. Highlights include representing the Dental Defence Union over complex dishonesty allegations made against one of its members.

KEY INDIVIDUALS In addition to her work on criminal investigations, Anne Ball provides representation of medical professionals before regulatory panels. Her experience in this field is saluted by interviewees. Chris Morris worked as a dental surgeon before qualifying as a solicitor and is, therefore, well placed to represent dental practitioners and defence unions on regulatory and disciplinary claims. He also advises on First-tier Tribunal appeals and performers list cases. Margaret Taylor is developing a niche in child protection cases involving potential misconduct issues as an addendum to her practice representing healthcare workers. Richard Creamer is known principally for his work in defending dentists on a host of regulatory and disciplinary claims.

Herbert Smith occupies a strong niche in the worlds of accountancy and financial services, and advises an impressive mixture of regulators, employers and private individuals. The firm prides itself on handling complex investigations, where highlights include advising the Chartered Institute of Management Accountants on misconduct cases brought against its members. The team has also provided guidance to CIMA on procedural concerns. The National Lottery Commission and Human Embryology and Fertilisation Authority are clients of the practice.

KEY INDIVIDUALS Highly rated Andrew Lidbetter employs his public law background in tackling disciplinary work. Highlights include acting for an accountancy regulatory body on allegations of providing misleading information levelled against one of its members. Martyn Hopper brings his time spent at the financial services regulator to representing high-profile individuals working in that sector.

Morgan Cole combines a winning combination of "excellent value for money, great service and an exceptional grasp of regulatory law," according to interviewees. The team represents regulators on interventions, drafting codes of conduct and disciplinary investigations. In addition to conducting an audit into the General Optical Council's fitness-to-practise requirements, the practice was retained by the SRA, Institute for Learning and General Teaching Council for England to handle misconduct hearings. A strong pillar of the team's work still rests on healthcare and social care, where notable mandates include advising the Care Council of Wales on cases involving social workers.

KEY INDIVIDUALS Graham Miles presents cases involving medical and social care workers and has a strong niche understanding of regulatory law as it affects genetics and fertility. Sources applaud his "calm and methodical" approach. "Straight-talking" Robin Havard is "experienced and easy to deal with," according to research. He is a leading source of advice to the disciplinary panels of the SRA and General Teaching Council for England. "Hard-working and enthusiastic" Eve Piffaretti has an excellent grasp of regulatory law as it affects a range of employers and regulatory authorities. She has acted on numerous recent cases involving teachers and social workers.

The key string to this team's bow is its work for the MDU on investigations into fitness-to-practise, fraud and claims of alleged criminality before a range of authorities. The team is applauded for its strong preparation skills. Notable cases include representing medical professionals during investigations into claims of sexual harassment, misconduct and fitness-to-practise cases.

KEY INDIVIDUALS Peter Fitzpatrick is deemed to be one of the team's senior figures and wins acclaim for his wide-ranging work on behalf of doctors, consultants and clinicians. Sheffield-based Christopher Horsefield is singled out by sources for winning instructions from numerous healthcare defence unions. This year he acted for a consultant physician referred to the GMC over accusations of bullying. Michael Chambers possesses an "unfussy and relaxed" style with clients, yet "takes on opponents with vigour," sources attest. Associate Victoria Lord assists the work of the team in regulatory defence work.

This practice continues to advise a healthy assortment of healthcare, social care and professional services regulators, earning instructions to act in both advisory matters and investigations. The Royal College of Veterinary Surgeons remains a key client, with the practice acting for the regulator in alleged fraudulent registrations. Practitioners also act for the General Optical Council and GPC on fitness-to-practise inquiries. Penningtons advises the SRA on disciplinary hearings.

KEY INDIVIDUALS Although the head of the professional regulation team, Katrina Wingfield, cut her teeth on healthcare cases, she has branched out into representing regulators of other professions, as underlined by her role as an advocate for the SRA. A widely respected solicitor, she also chairs the regulatory function of the Association of Chartered Certified Accountants. Geoffrey Hudson is noted for his grasp of regulatory concerns affecting the pharmaceutical and veterinary sectors, and this year acted in the High Court for the GPC in upholding the dismissal of claims brought by a pharmacist. Nicole Curtis counsels clients including the Farriers Registration Council and General Optical Council. A trained barrister, she advises on investigations and policy matters as well as fraud cases.

This practice provides assistance both to regulatory agencies and to individuals and companies on a slew of disciplinary concerns, spanning misconduct and fitness-to-practise cases to policy drafting, fraud investigations and training seminars. Clients include the General Optical Council and General Chiropractic Council, and members of the team can also be called on to make representations in hearings before the SRA. The practice's efforts to establish a standalone, cross-sectoral professional regulation group are felt to be yielding results, with highlights including advising the Royal College of Veterinary Surgeons on training issues.

KEY INDIVIDUALS "Robust, down-to-earth" Rosemary Rollason is a "safe pair of hands," sources concur. She is acknowledged as an expert in the representation of disciplinary regulators and is using this expertise to expand the practice's involvement in acting for individuals. Sources identify Scott Ingram for his solid understanding of police shooting and disciplinary cases, and he has also made representations in claims relating to the financial services sector. As well as his experience of handling public inquiries, Rod Fletcher draws praise for his representation of professionals from the financial services, police, healthcare and legal sectors. Inquests and inquiries expert James Carlton has a strong niche in acting for those working in the healthcare sector and has lent his assistance to those appearing before GMC and NMC hearings.

Interviewees indicate that this practice provides excellent value for money without compromising on quality, with sources adding that it is "hugely knowledgeable in regulatory law" and "prepared to look beyond what is required in covering all the angles." It is widely acknowledged for its advocacy on behalf of the SRA in disciplinary and fitness-to-practise hearings. Recent cases of note include defending allegations of racism and unfairness in bringing SRA processes against a respondent, as well as handling litigation relating to an intervention into the law firm of Dean & Dean. The team also advises regulators of a cross-section of industries, including the GDC, Architects Registration Board and Taxation Disciplinary Board.

Client Service "They are professional, courteous and prepared to listen to our needs before offering assistance."

KEY INDIVIDUALS Interviewees agree that head of practice Peter Cadman is "fast thinking, good on his feet and great to have on your side in an argument." He is an established and respected figure in the market, as underlined by his chairmanship of the investigatory committee of the Chartered Institute of Public Finance and Accountancy. John Gould elicits praise for his client care skills, with sources singling him out as "pragmatic, easy to deal with and responsive to urgent issues." Matthew Bosworth takes a "sensible approach" to dealing with disciplinary cases and is applauded for being quick on his feet and "realistic in managing the expectations of each client." He advised a member of the House of Lords on disciplinary proceedings connected to expenses claims. Jessica Asher assisted in the case against Dean & Dean and makes frequent appearances for the SRA over interventions and claims of dishonesty in the legal profession.

Anderson Strathern has enjoyed a further year of growth in acting for regulators in investigations, appeals, policy drafting and criminal prosecutions. It has established itself as the leading Scottish practice on matters of professional discipline and now acts for regulators across a broad range of industry sectors. It offers seminars and training sessions to clients, and pairs with several notable English firms in providing clients with a fully UK-wide service. Key names among its clientele include the Scottish Social Services Council and Scottish Legal Complaints Commission, as well as notable national organisations such as the GDC and GMC. The team also acts for nursing staff and members of the RCN in disciplinary hearings before bodies such as the NMC.

KEY INDIVIDUALS Firm chairman Robert Carr acts for a number of the practice's prominent clients and has a well-established reputation for his grasp of regulatory, healthcare and public law. He advises the Mental Welfare Commission for Scotland and Risk Management Authority, and has in-depth experience of fatal accident inquiries.

Peers commend this practice for its refined client-handling skills and consistently high standards of service. A coup for the team this year was its hiring of barrister Jonathan Goldring, adding to its advocacy expertise. Bankside Law attracts work from both sides of the fence, having built a strong reputation in representing regulators and professionals facing charges. Members of the team have the skill sets available to investigate, prepare and make representations at disciplinary hearings regarding allegations of misconduct, misleading clients and criminal offences. The group acts for clients from the policing, professional services and healthcare sectors.  

Client Service "Clear and prompt; they do their best to look after you."

KEY INDIVIDUALS "Soundly thorough" John Williams leads the work of the regulatory practice and is regularly involved on behalf of many of the firm's largest clients. Referees are quick to underline the tactical strengths of Jonathan Goldring, arguing that he "knows where to be persistent and uncompromising where necessary, yet charming where relevant." He joined the practice following changes to the law regarding the employment of barristers at solicitors' firms, and has made a name for himself in representing medical and healthcare professionals.

Members of this practice offer robust advice on healthcare regulatory and criminal proceedings, acting for a healthy mixture of individuals and regulatory authorities. They also assist regulators with drafting and interpreting their duties, as three members of the team did this year for the GSCC. Bindmans also advises those operating in the charitable and education sectors, and can call upon its understanding of such fields as human rights law in dealing with a range of concerns. Cases of note include representing a senior teacher over efforts by her employer to have her referred to the Independent Safeguard Authority.

KEY INDIVIDUALS According to feedback, John Halford is "simply excellent in all respects – a top-quality practitioner." He acts for the Association of Child Psychotherapists and can apply an understanding of civil liberties and administrative law to his work.

Carson McDowell has constructed a regulatory practice based on the representation of healthcare professionals and medical defence unions. Practitioners have made appearances before the disciplinary panels of an array of regulatory bodies including the GMC, the Pharmaceutical Society of Northern Ireland and numerous public sector departments. Notable cases include representing a senior dental practitioner and member of the Medical and Dental Defence Union of Scotland in disciplinary proceedings. Other clients include the Health and Social Care Board for Northern Ireland.

KEY INDIVIDUALS Leigh Linton is one of the province's leading professional disciplinary lawyers and continues to represent pharmaceutical and healthcare practitioners. Head of practice Roger McMillan combines his grasp of litigation and healthcare regulation to act for dentists, doctors and other healthcare professionals. He acted before a medical fitness-to-practise panel over allegations of dishonesty.

This practice is most frequently recognised for its work on behalf of pharmacists, although it is also gaining a foothold in acting for other medical professionals before such regulators as the GMC, NMC and NHS trusts. The team's standing among the pharmaceutical community is reflected by its being retained to act as legal adviser to the National Pharmacy Association. In addition to fitness-to-practise investigations, the team provides timely guidance on criminal investigations and inquests where required. Cases of note include advising pharmacists on investigations by the Royal Pharmaceutical Society of Great Britain (RPSGB).

KEY INDIVIDUALS David Reissner possesses immense experience in pharmacy and healthcare regulation, as reflected in his position as head of the group. He advised on a challenge to the manner in which fitness-to-practise concerns were referred within the RPSGB. Associate Noel Wardle is championed by sources for the depth of his knowledge and ability to appear as an advocate before disciplinary hearings.

This firm earns plaudits for its expertise in acting before a number of regulators in the healthcare, professional services and financial services sectors. Members of the team act for in excess of 50 NHS trusts and are instructed to represent both individuals and employers in regulatory investigations, disciplinary proceedings and allegations of misconduct. The firm houses a leading insurance practice and has this year won a mandate to advise opticians' insurer CNA on a range of coverage issues, including disciplinary hearings. It also acts for leading accountants such as PwC and Ernst & Young. Highlights include advising the compliance officer of a company regulated by the FSA on enforcement proceedings. On November 1st, Barlow Lyde & Gilbert will merge with Clyde & Co. The merged entity will trade under the Clyde & Co banner.

Client Service "Highly effective and pragmatic. We recommend them without reservation."

KEY INDIVIDUALS Andrew Scott oversees the work of the practice and is commended for his long-standing expertise and counselling of professionals from the financial services sector facing disciplinary charges.

Beachcroft attracts work from both individuals facing disciplinary proceedings and their regulatory bodies on investigations, drafting new disciplinary codes of conduct and monitoring regulatory standards. The team is particularly well recognised for its work in the healthcare and financial services sectors, with highlights including advising the Chartered Institute of Public Finance and Accountancy on the legality of a disciplinary scheme. The group also advises members of the MDU on regulatory investigations.

On November 1st, Davies Arnold Cooper will merge with Beachcroft. The resulting firm will be known as DAC Beachcroft LLP.

KEY INDIVIDUALS Christopher Briggs is highlighted by interviewees as an important lateral hire for Beachcroft due to his wide-ranging expertise in healthcare regulation. Stephen Hocking acts principally for those affected by financial services regulation and is deemed to be a fine head of practice.

A key mandate for Eversheds this year has been its representation of the Mid-Staffordshire NHS Foundation Trust in a public inquiry into misconduct at the trust, particularly on issues relating to failures in disciplinary oversight. Much of its work also continues to be derived from acting for the GMC in fitness-to-practise hearings.

KEY INDIVIDUALS Lead partner Peter Jones can introduce a wealth of experience of acting for regulators to professional discipline cases. Associate Luisa Gibbons is admired by sources for her role in training strategic health authorities and primary care trusts, and is a key part of the team involved in the Mid-Staffordshire public inquiry.

Irwin Mitchell attracts praise thanks to the highly professional and approachable attitude of partners within the team, who are drawn from the firm's public law and regulatory and criminal investigations practices. Although members of the team act as legal assessors to regulators such as the GMC and General Teaching Council for England, the mainstay of the team's work is derived from the representation of individual professionals. A number of cases have seen the team engaged before the FSA on refusals to grant regulatory approval, misconduct issues and allegations of criminal behaviour. Other highlights include acting on the first HPC fitness-to-practise cases to involve educational psychologists.

KEY INDIVIDUALS Sources heap praise on the "immensely likeable" Andrew Lockley for his "patience, guidance and reassurance" in complex regulatory investigations. He has acted for professionals from an assortment of industries and offers a niche understanding of cases involving overlapping public law and regulatory concerns. In addition to counselling on disciplinary proceedings before the SRA, Sarah Wallace has also been leading the group's charge on advising those working in the financial services sector faced with FSA investigations.

This practice has carved a name for itself in the representation of lawyers in regulatory and disciplinary cases before the SRA. It has been particularly busy this year advising the industry on incoming alternative business structures and changes to solicitors' codes of conduct. Highlights include acting for two personal injury practices on whether or not referral practices had breached SRA regulations. The group also assisted a US-headquartered law firm establish an office in London. Sources are quick to applaud the team for its hard-working attitude and willingness to help, with one interviewee noting that it is "pragmatic, speedy and user-friendly."

Client Service "They take the initiative when faced with difficult situations and are always enthusiastic about helping. They exceed expectations in respect of consistency of service, relationships with clients and quality of their advice."

KEY INDIVIDUALS One source notes that, if marooned, the one lawyer they would take to advise them would be Frank Maher. He heads the practice and provides clients with "proactive, authoritative and well-structured" guidance and is commended for "really getting to know our business." He acted for an international mobile telephone manufacturer faced with a possible conflict of interest involving a silver circle law firm. Susan Mawdsley is recognised by interviewees for her "encyclopaedic knowledge" of anti-money-laundering regulations and "excellent support and advice." Francis Dingwall, meanwhile, is a "consummate professional" who can be relied on for his sound, accurate advice.

This team is well placed to advise clients on regulatory enforcement and fitness-to-practise hearings, while the incorporation of public lawyers into the group means it can also make representations in judicial reviews and public inquiries. This can be seen in its work for the Care Quality Commission and its instructions to advise on the Mid-Staffordshire NHS Foundation Trust public inquiry. The team has also acted for the Law Society concerning a challenge to its claims-handling function. The team's professionalism and client-handling skills are given due acclaim by sources.

KEY INDIVIDUALS Birmingham-based Fiona Hawker acts in the capacity of a consultant on training and client care procedures. Kevin Duce offers a clutch of talents including advocacy and assistance to disciplinary committees on drafting rules and policy, and also carries out regulatory compliance work. He acts as a legal adviser to the investigating committees and professional practice committees of the Institute of Learning.

Working from offices in Manchester, this team is most familiar to interviewees for its involvement before medical regulatory committees. It acts for individual healthcare professionals in fitness-to-practise hearings.

KEY INDIVIDUALS Michael Ryan offers clients a complementary understanding of criminal investigations and medical negligence law. Angela Pilling is able to act in enforcement proceedings involving allegations of criminal wrongdoing.

The team's hiring of financial services expert Ian Mason continues to reap dividends, as seen in its work for a large bank on an FSA investigation into the actions of one of the client's traders. The group's expertise in helping with investigations of financial crime and fraud remains robust. One of its largest clients, however, continues to be healthcare watchdog the Council for Healthcare Regulatory Excellence (CHRE). Members of the team advise on referring cases of suspected leniency by regulators to the High Court, including two decisions made this year by the NMC. Clients praise the group for the high quality of its advice.

KEY INDIVIDUALS Group practice head Thomas Cassels has an excellent grasp of media law and its interaction with regulatory and disciplinary hearings. His "accomplished advice" is greatly valued by sources. Ian Mason brings his experience of having worked in-house at the FSA to bear on cases involving suspected financial crime.

One distinguishing feature of this practice has been its work on corporate governance mechanisms as they affect the disciplinary functions of regulators. An example of this can be seen in the advice provided to the GDC on overhauling policies and the effects on this from the constitution of fitness-to-practise committees. The team also acts for regulators overseeing the actions of professionals from a wide cross-section of industries, including healthcare, accountancy and sport. Highlights include acting for the regulator before the Court of Appeal in Coke-Wallis v Institute of Chartered Accountants in England and Wales. Other clients include the Market Research Society and General Teaching Council for England. The team also counsels individuals in proceedings against their relevant regulatory authorities.

KEY INDIVIDUALS Dinah Tuck is acknowledged for her timely assistance to regulators in the healthcare and accountancy fields. Her practice encompasses a healthy mixture of drafting regulatory policies and providing representation in contentious hearings.

This firm is highly rated by clients for its work in representing doctors and dentists before disciplinary committee hearings, a consequence of having won instructions to act for major medical defence unions throughout the country. Members of the team come in for particular praise for "putting stressed clients at ease" and delivering "sensible, realistic guidance." They also set themselves apart with their advocacy skills before fitness-to-practise hearings and their assistance in internal investigations by employers. Highlights include acting for members of the MDU, the Medical Protection Society and the Medical Dental and Defence Union of Scotland regarding interim orders and fitness-to-practise proceedings.

Client Service "They provide excellent value for money and are always keen to discuss with us ways to improve their services."

KEY INDIVIDUALS Douglas Jessiman and Laura Donald lead the work of the team.

This practice stands apart for its "tactical savvyness" and strong client management skills, say interviewees. It represents an impressive assortment of clients from across the healthcare, sports and legal spheres, advising individual professionals facing regulatory and disciplinary investigations. The scope of the group's expertise extends from fitness-to-practise hearings to handling claims of misconduct, dishonesty and fraud. Members of the team also make representations in contesting regulatory processes by means of judicial review.

KEY INDIVIDUALS Angela Horne leads the regulatory team and offers "reliability and good judgement," according to sources. She acts for clients such as the Bar Mutual Indemnity Fund and Medical Protection Society.

Sources attest that this practice is composed of "excellent strategists" who are highly focused on service and "take the time to understand issues from the client's point of view." Its core focus centres on representing employers from the financial services and accountancy sectors in regulatory investigations. The practice includes among its clientele a selection of market-leading companies such as KPMG, Deloitte and PwC. Practitioners were on hand recently to advise Mazars on an investigation into advice provided to a trustee of the First Quench Pension Fund.

KEY INDIVIDUALS William Glassey is a key contact at the firm.

Claire Canning recently left the firm to take up an in-house position.

Since publication, Simon Willis and Matthew Lawson have both joined Orrick Herrington & Sutcliffe (Europe) LLP.

McCormicks is most frequently visible to the marketplace thanks to its work on disciplinary and regulatory concerns affecting the sporting world, especially football. The team acts for the board of the Premier League and is adept at interpreting guidelines affecting the regulation of football club officials and directors. It also acts on issues involving or concerning the Football Regulatory Authority. Highlights include acting in the administration and subsequent penalties imposed on Portsmouth Football Club. The team is also instructed to handle regulatory hearings over the conduct of solicitors.  

Client Service "They don't just lay down the law. The advice we receive is pragmatic, common sense and fits with the environment we are working within."

KEY INDIVIDUALS  Peter McCormick  offers clients an authentic understanding of sports regulation and is applauded by sources for infusing his advice with commercial sense. He chairs appeal hearings before the board of the Premier League.

This practice specialises in the representation of police officers facing criminal and disciplinary hearings. The team's work involves defending members of police forces against allegations of misconduct and during public inquiries.

KEY INDIVIDUALS Colin Reynolds is widely respected for his long-standing role in advising on high-profile criminal and regulatory investigations.

Reynolds Porter Chamberlain is called on by institutional and individual clients to advise on a spectrum of matters, including regulatory compliance and enforcement investigations. Clients applaud the team for its sensitive handling of cases and strong client management skills. Praise is also due for the "technically adept" approach taken by the team. The practice does not limit itself to working with professionals from just one sector, as underlined by its winning instructions from clients in the medical, financial services and accountancy fields. Its work for such a diverse clientele is handled by solicitors drawn from backgrounds in various industries.

Client Service "They have a good depth of resources and work well as a team."

KEY INDIVIDUALS "Fantastically supportive" Clare Jaycock is deemed by interviewees to be "easy to relate to, analytical" and capable of giving superb advice. She advises medical practitioners on regulatory hearings, appeals and investigations by health trusts. 

This practice is praised for its strategic guidance on critically sensitive investigations and disciplinary hearings. In the capacity of advising regulators, the team has been involved in precedent-setting work through the first statutory proceedings commenced by the Security Industry Authority in Scotland. It has been involved in similar work for the Scottish Legal Complaints Committee. The team also makes representations on behalf of dentists and doctors facing disciplinary investigations by regulators. The Royal College of Surgeons of Edinburgh also turned to the practice concerning a Court of Session dispute over the accreditation of a senior medical professional.

KEY INDIVIDUALS Gordon Downie heads the work of the firm's regulation and markets team.  

The arrival of contentious financial services expert Julian Randall has been a real coup for this practice and significantly bolsters its position in the market. The team's expertise in this field extends to representing both firms and regulated employers in disciplinary investigations over claims of misconduct and financial crime. Notable highlights include acting for a private bank over liability issues associated with sales of a bond product. Non-financial services organisations are also served by Taylor Wessing, as evidenced by the presence of the CHRE and Qualifications and Curriculum Development Agency on its roster of clients.

KEY INDIVIDUALS Len Murray is considered an experienced practitioner and advocate who leads the charge of the firm in the professional discipline arena. Julian Randall recently joined the team, which will benefit from his strong grasp of regulatory disputes affecting the financial services sector.

Tughans is well acquainted with the Northern Ireland legal landscape and is often instructed to represent dentists and doctors in regulatory investigations. Much of its work is performed on behalf of members of assorted medical unions, and it has experience of making representations before the disciplinary panels of both the GMC and GDC. Members of the team also conduct their own advocacy.

KEY INDIVIDUALS Sources praise the work of Andrew Anthony for his great knowledge of healthcare regulation. 

Weightmans is known for its depth of understanding in this field, especially of regulation that affects members of the police and fire services. It also acts in allegations of misconduct in the healthcare sphere. In addition to providing representation during ongoing investigations, the team provides training sessions on this area of the law.

Client Service "They offer a highly professional service that is focused on client needs."

KEY INDIVIDUALS According to sources, John Mitchell continues to attract large cases thanks to the breadth of his knowledge base and "terrific judgement." He is particularly expert in advising on regulatory and internal investigations involving healthcare practitioners.  

Jayne Willetts of Jayne Willetts & Co Solicitors is a practitioner who "works quickly, is approachable and pays attention to all the details." She is noted for her concentration in the field of solicitors' regulation, routinely advising clients facing prosecution and hearings before the Solicitors Disciplinary Tribunal (SDT) and SRA. Another source adds that her "integrity and availability at short notice mean we would have no hesitation in using her." Jonathan Goodwin of Jonathan Goodwin Solicitor Advocate highly impresses with an all-encompassing practice that has seen him rack up experience of acting for both regulators and individuals in disciplinary procedures. "Intelligent, forthright and committed" Ian Ryan of Finers Stephens Innocent specialises in the defence of solicitors and police officers facing disciplinary hearings. His strong advocacy skills have helped him forge a successful track record of appearing before the SDT and he is capable of handling cases before the High Court. He also advises the SRA. Lista Cannon of Fulbright & Jaworski International LLP engenders respect among interviewees for her impressive advocacy abilities and representation of lawyers and accountants in regulatory investigations. David Glendinning of Ward Hadaway is known to interviewees for both his representation of healthcare regulators such as the NMC and his advocacy skills before misconduct tribunals. The strongest thread of the practice of Stephen Battersby of Jameson & Hill is in representing lawyers before SRA disciplinary panels. Tony Guise of Guise Solicitors provides sage guidance to solicitors facing enforcement actions by the SDT. "Perceptive, diligent and extremely prompt," Will Twidale of Boodle Hatfield has made a name in advising on professional discipline hearings for individuals and employers. He successfully represented a firm of surveyors in having disciplinary charges against them dismissed. Sources have nothing but praise for Tracy Sell-Peters of Fishburns Solicitors, who has developed "excellent client-handling skills" and a "great understanding" in defending healthcare professionals facing disciplinary hearings. She counts three large medical defence unions among her clients. Fiona Butler of Browne Jacobson LLP is saluted by interviewees for her "capable and approachable" demeanour, whilst Charlotte Ellis of Richard Nelson LLP is highlighted for her "excellent judgement in handling difficult discussions." She joined recently from Nabarro and it is expected that her arrival will boost the team's regulatory defence expertise. Matthew Lawson and Simon Willis recently joined Orrick Herrington & Sutcliffe (Europe) LLP from Mayer Brown International LLP. Lawson is singled out for his levels of expertise and concentration on delivering a fantastic service. He assists in disciplinary and regulatory investigations, including those with a cross-border aspect. Willis guides accountancy clients on potential and existing investigations by regulatory authorities, and he is considered to be "accessible and user-friendly.Victoria Lord of Maples and Calder is spotlighted for her "sensible approach to the preparation and conduct" of professional discipline cases on behalf of regulators.

Future Events 

6th June: Chambers USA General Counsel Seminar: New York

7 June 2012: Chambers USA Awards for Excellence 2012, New York




7 June 2012: Launch of Chambers USA 2012


17 September 2012: Chambers Latin America Awards for Excellence 2012, Miami


25 October 2012: Chambers Bar Awards 2012

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam