Regulatory and Public

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Cloisters has a strong track-record in disciplinary and regulatory work at all levels and in a wide variety of sectors. Our barristers are particularly well-placed to draw on the overlap between this field and our other core areas of practice.

Discrimination and human rights issues often impinge on regulatory proceedings and additionally our personal injury and clinical negligence team brings outstanding insight to matters relating to healthcare professionals.

Some examples of recent instructions include the following:

  • Simon Taylor QC: chaired internal disciplinary enquiries in two Welsh hospitals.
  • Daphne Romney QC: instructed in a judicial review of a decision by the National College for Teaching and Leadership (NCTL) to bar a headteacher for misuse of public funds; also representing a pharmacist at an eight-day hearing before the General Pharmaceutical Council late 2015.
  • Jacques Algazy QC: acted for a care home threatened with loss of its license for failure to comply with menu requirements imposed by the Care Quality Commission (CQC).
  • Caspar Glyn QC: represented an NHS Trust in respect of an internal disciplinary matter where allegations of gross misconduct and dishonesty were made against a surgeon.
  • Rachel Crasnow QC: sits as a Chair of the Police Appeals Tribunal.
  • Sally Robertson: appeared before the Health and Care Professions Council (HCPC) and advised on a potential judicial review in respect of a decision of the general Pharmaceutical Council.
  • Ed Williams and Jennifer Danvers: instructed to appear at a five day hearing before the NCTL for a headteacher concerning alleged financial misconduct.
  • Claire McCann: presented the management case to a large NHS Trust against five doctors accused of misconduct over invoicing for work done during NHS time; and against a consultant surgeon on capability and conduct grounds.
  • Tom Brown: appeared before the Solicitors Disciplinary Tribunal for a solicitor facing an allegation of appropriating funds from a client account.
  • Catherine Casserley: provided advice to the Independent Police Complaints Commission (IPCC) on their review of investigation guidelines, primarily in respect of disability.
  • Adam Ohringer: instructed in an appeal to the High Court against a Prohibition Order imposed on a teacher found to have had an inappropriate relationship with a pupil; and advised a nurse seeking to challenge a decision of the Nursing and Midwifery Council (NMC) by appealing to the High Court.
  • Daniel Dyal: instructed in a four-day matter before the NCTL.
  • Catherine Richmond: advised on investigatory processes and disciplinary procedures in the financial services industry.
  • Jennifer Danvers: represented an experienced teacher facing a possible prohibition order in relation to allegations of unacceptable professional conduct / conduct that may bring the profession into disrepute; and represented a registrant in a five-day NMC hearing.

Members of Cloisters’ Professional Discipline and Regulatory team have appeared before the General Pharmaceutical Council, the General Optical Council, the Institute of Chartered Accountants, the Rugby Football Union and the Football Association. We have recognised expertise in appearing in the Care Standards Tribunal in appeals of registration / closure of care homes and hospitals. A number of our barristers acted as standing counsel to the British Psychological Society for over ten years. Our distinguished team of silks and juniors is particularly well-placed to draw on the overlap between regulatory work and our other core areas of practice. Discrimination and human rights issues often impinge on regulatory proceedings and our personal injury and clinical negligence teams bring outstanding insight to matters relating to healthcare professionals.

Our members are also available to conduct internal processes such as investigations, disciplinary and appeal hearings where an external party is required because of the sensitivity of allegations or the size of the organisation. This type of work is particularly suitable for a direct access arrangement.

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