Professional Discipline

Historically our main practice areas have been all forms of serious, financial and corporate crime. For a number of years, however, members have been applying our long history of high quality advocacy to the expanding field of regulatory law. Our Regulatory & Professional Discipline group now comprises a third of the members of chambers.

In response to the trend of ever-increasing regulation, the practices of those members who undertake work in this field now cover a wide variety of industry sectors including healthcare, social care, the law and law enforcement, security, sport, accountancy and financial services. We are also regularly instructed in the regulatory aspects of Health & Safety and Environmental prosecutions.  We are particularly called upon to represent professionals in the criminal courts, and where those clients may also be facing concurrent or subsequent regulatory proceedings. 

 

Healthcare and Social Care Regulation

Our members are instructed by regulators, defence solicitors, professional indemnity/insurance providers, and by lay clients directly (see here for more information), to appear before disciplinary committees and in the High Court and First-Tier Tribunal in proceedings brought by:

General Medical Council

General Dental Council

Nursing and Midwifery Council

General Optical Council

General Pharmaceutical Council

Health Professions Council

General Social Care Council

General Osteopathic Council

Care Quality Commission

Independent Safeguarding Authority, and other tribunals.

Our members also act for healthcare professionals in appeals to what used to be the PMETB (now subsumed into the GMC), at coroners' inquests and in proceedings at a Primary Care Trust level, including disciplinary hearings, Performers' List cases, and in Family Health Services appeals.

 

Financial Services Regulation

Drawing on our experience of financial crime and professional disciplinary work, members of Chambers are increasingly being called upon to advise and act in relation to criminal and regulatory issues faced by those working in the financial services industry.  We appear in the criminal courts and before the Financial Services and Markets Tribunal in relation to all types of regulatory and criminal cases arising out of the financial services legislation, especially market abuse, insider dealing, and breaches of restrictions on financial promotions. We also provide early advice and assistance in the settlement of FSA investigations to avoid the need to appear before the Tribunal. 

We have a number of members who have spent time on secondment with the enforcement division of the FSA, and offer experience of negotiating financial settlements with the FSA.  We also have particular experience of restraint proceedings in both the Civil and Criminal Courts.

Our members also act in proceedings involving the regulation of accountants and actuaries, including advising on investigations brought by the Accountancy & Actuarial Discipline Board.

 

Sports Regulation

Both silks and juniors have advised and presented cases of note on behalf of the FA including cases of financial irregularity, charges against sports agents, and crowd control/disturbances at Premier League matches.

We successfully defended members of the England Rugby Team who were accused of sexual offences whilst on tour, and defended Harlequins RFC and a number of its personnel in the "bloodgate” scandal of August 2009. We also acted in proceedings against the medical/healthcare practitioners involved in this case.

We also advise individuals and sports clubs in relation to doping, drugs and conduct issues, and have acted in high-profile proceedings at the British Horse Racing Authority in "race-fixing” cases.

 

Solicitors' Disciplinary and Bar Standards Board Disciplinary Proceedings

A number of members are instructed in cases before the Solicitors' Disciplinary Tribunal, and also act in presenting cases for and against members of the Bar before their regulatory body.

 

Police Discipline

We have extensive experience in the conduct of a variety of proceedings which have application in the field of police law (e.g. disciplinary proceedings, assault, misfeasance and corruption, sex offences and other specific criminal offences, firearms licensing, proceeds of crime, public inquiries, inquests, judicial review). As a result, our practitioners are instructed in police disciplinary matters in public and regulatory proceedings, frequently acting in associated judicial reviews or inquests and public inquiries.

 

Courts Martial

Members have also successfully represented military personnel in the Courts-Martial both in the UK and in operational theatres around the world, including Iraq.

 

 

 

For further information on our Professional Discipline practice, please contact our Director of Business Development, Maurice MacSweeney.

 

What others say:

"2 Hare Court provides a blue-chip service to professional and lay clients alike"

 - The Legal 500, 2010

 

"A broad-based practice, not solely defined by health work, 2 Hare Court ‘exhibits high standards of legal and procedural knowledge and awareness‘. Clients praised the set as ‘going beyond the call of duty, readily making the extra effort that we appreciate, with always the right person for matters in hand. Good, friendly clerks, with appropriate fees‘."

 - The Legal 500, 2009