Regulatory

A trailblazer in this field for 30 years, QEB Hollis Whiteman was one of the original criminal sets to use their impressive skill set to develop a practice in professional discipline. We continue to be amongst the elite. 

Overview

Members of the QEB Hollis Whiteman Regulatory Group undertake work in all areas of regulation and professional discipline, both prosecuting and defending. We act routinely for regulatory authorities and individuals across the range of professions. We are experienced in representing relevant parties before the High Court, Court of Appeal (Civil Division) and Supreme Court in any case arising from, or related to, regulatory proceedings. Members of the group continue to undertake regular criminal work and are therefore best placed to advise and provide representation where there is a regulatory and criminal interface. In an area of law where there appears to be an increasing appetite to apply criminal charges to what in the past would have been purely professional failures, this in-depth understanding of potential criminal liability is critical when advising in a regulatory context. Our prominence and expertise in Public Law uniquely places us to deal with professional discipline cases as they so often progress through judicial review, inquests and public inquiries.

 

Our Experience

Members of the regulatory team have significant experience in the regulation of the financial sector, healthcare sector, sports industry, gambling industry, the legal profession, accountants, architects, the police, and the military. We undertake work at all stages of the regulatory process, advising as well as representing parties in all categories of hearing. We have members that present on behalf of a regulator and those who specialise in the defence of a professional.

Many members of the group sit as chairs, panel members and legal advisors in various tribunals and provide insight into their experience. Many Junior Members have obtained greater understanding of this area of law by undertaking secondments with regulators and the leading firms who practise in this area.

Our advocacy is marked out by our experience in both the Criminal, Public Law and Regulatory spheres; we understand the need for different styles and we are adept at tailoring our approach accordingly. Our members are not afraid to take novel points and the sharing of experience enables all to benefit from the depth and breadth of experience amongst the group.  

Reviews

'Delivering quality at every level.' Chambers UK (2018)

'Very well-managed chambers.' Chambers UK (2018)

'An accomplished team of practitioners. Its skilled members regularly attract instructions in high-value, complex matters ... offering assistance to both claimants and defendants.' Chambers UK (2017)

'Highly respected set that has considerable understanding of the interplay between crime and regulatory work. It is regularly sought out to handle high-profile matters.' Chambers UK (2017)

'A squad with great depth.' Legal 500 (2017)

'Fantastic barristers at all levels.' Legal 500 (2017)

'A very solid set in the area’, with a key strength in medical regulation and a particularly strong portfolio of presentation-side work for regulators.' Legal 500 (2017)

Notable Cases

Royal Pharmaceutical Council v Khan 2016 (Supreme Court)
Represented the General Pharmaceutical Council in their appeal to the Supreme Court against a decision of the Inner House of Sessions in Scotland on a matter of significance across the regulatory field. The appeal was won.

R (on the Application of Squier) v the GMC (2015) EWHC 299 (Admin)
Appeared on behalf of the GMC in an application for judicial review of two decisions of the Fitness to Practise Panel in relation to a world-renowned Neuropathologist.

GMC v Mr Ian Paterson
Birmingham "rogue" Breast Surgeon who performed unnecessary and inappropriate breast operations on more than 1,000 women.

General Dental Council  v Dr Addow
Dentist struck-off for offering to perform female genital mutilation.

GMC v Dr Trossel
Dr Robert Trossel was struck off for giving false hope and unsubstantiated and exaggerated claims relating to stem cell treatment to patients suffering from degenerative and devastating illnesses such MS. 

GDC Radeke​
Presented the case against a dentist whose Patient died within 24 hours of an operation.

GMC v Gordon Skinner 
Case of high-profile private practitioner and his diagnosis and approach to thyroid-related disorders.

GMC v Jane Barton
The doctor at the centre of a probe into deaths at a community hospital found to have made a catalogue of failings in her treatment of the patients, who later died, including issuing drugs which were 'excessive, inappropriate and potentially hazardous'.

GMC v Mao Aweys
​Doctor struck-off after Tribunal found he offered advice on arranging a female genital mutilation.

​GDC v BK (2015)
Instructed on behalf of the respondent (GDC) in High Court Appeal; Grounds of Appeal based on poor reasoning given by the Professional Conduct Committee and an apparent misapplication of a Test for Dishonesty. The case is now an important authority in relation to the Test for Dishonesty in regulatory proceedings.

GDC v Vieru-York EWHC 1784 (2015)
Prosecuted a Harley Street Dentist for Gross Clinical Errors involving implant surgery. Successfully defended the Tribunal findings on appeal.

NHS England v Dr Kamal (2013)
The first test case for NHS England under the new regulations governing performers lists and the follow-on appeal before the First-Tier Tribunal. Lydia’s landmark arguments on not calling live witnesses to support sexual allegations were adopted.

Recent Cases

GMC v Dr Z (2020)

Selva Ramasamy QC succeeds in abuse of process submission at the MPTS, persuading the MPT that to...

R v Dr S (2019)

Zoe Johnson QC represented Dr S, a GP practising in Romford . He was convicted of performing...

The Kark Review (2019)

The Kark Review was an Inquiry on behalf of the Minister for Health into the Fit and Proper...

News

Tom Phillips awarded Pegasus Scholarship to Uganda

Tom Phillips has recently commenced his placement as a Pegasus Scholar in Uganda having been...

Articles

"A Trojan Horse? The FCA's Proposals on Reforming the RDC" by Jason Mansell

Jason Mansell is a barrister specialising in FCA litigation.  He has advised firms and individuals in relation to more than 100 FCA enforcement investigations and associated proceedings in the RDC, Upper Tribunal and High Court.  In this...

A Podcast: A Public Inquiry into Covid-19 - a Series of Discussions Hosted by QEBHW Part 1: The NHS - Might the Hand-clapping Turn to Finger-pointing?

The government has now committed to a full statutory public inquiry into the Covid-19 pandemic.  This is the first of a series of podcasts by QEB Hollis Whiteman looking at the topic of a public inquiry into Covid -19 from a variety of perspectives. We...

The Personal Management Licence regime: An impossible tightrope?

Tom Orpin-Massey of QEB Hollis Whiteman Chambers co-authors with David Whyte of Harris Hagan an article considering the Personal Management Licence (PML) regime and the difficulties PML holders may face. Personal management licences issued by the...

AN UPDATE: Walking the tightrope of COVID-19 - how can doctors and other healthcare professionals protect themselves from criticism?

Considering how front-line healthcare workers might protect themselves. With the 2020 "clap for the NHS" and recent outrage at the 1% pay rise for NHS staff, it is clear that the national sense of thanks for the NHS prevails and is as strong...

A practical guide to Gambling Commission enforcement action

Philip Evans QC & Kyan Pucks along with Nick Nocton & Adam Epstein  from  Mish Con De Reya  co author a practical guide to Gambling Commission enforcement action for EGR Compliance.  The article can be accessed in PDF...

Walking the tightrope of COVID-19 - how can doctors and other healthcare professionals protect themselves from future criticism?

Considering how front-line healthcare workers might protect themselves. Recently, the “clap for the NHS” came to an end, after ten weeks. Reasons for its demise include some NHS staff feeling it had been hijacked by politicians, and some...