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 health and social care, accountancy, financial services, sport, the law and law enforcement, security, and telecommunications. 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, all the major medical and dental defence organsiation as well as other professional indemnity/insurance providers, and by lay clients directly (see here for more information). We appear before disciplinary committees and in the High Court and First-Tier Tribunal in proceedings brought by:
We also act in proceedings involving the Care Quality Commission, the Independent Safeguarding Authority, and other regulators. Where necessary, we can also offer extensive expertise in health and safety law, and we also represent healthcare professionals who face proceedings in the criminal courts for gross negligence manslaughter, drugs, sexual, violent and all other offences.
We regularly represent healthcare professionals at a Primary Care Trust level (including disciplinary hearings, Performers' List cases, and in Family Health Services appeals), and at Coroners' Inquests.
Our members also advise on applications for inclusion to the GMC's Specialist Register, and also appear in any related appeals. We regularly undertake such work on a direct access basis.
Accountancy & Financial Services Regulation
Dovetailing 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, anti-competitive behaviour and breaches of restrictions on financial promotions. We also provide early advice and assistance in the settlement of FCA investigations to avoid the need to appear before the Tribunal and RDC.
We have a number of members who have spent time on secondment with the enforcement division of the FCA, and offer experience of negotiating financial settlements. We also have particular experience of restraint proceedings in both the Civil and Criminal Courts, and have experience of managing cases which are concurrently litigated in both the civil and criminal jurisdictions.
Our members also act in proceedings involving the regulation of accountants and actuaries, including advising on investigations brought by the Financial Reporting Council (formerly the Accountancy & Actuarial Discipline Board) and bodies such as the ICAEW.
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. Two of our silks were instructed in matters relating to John Terry's captaincy of the England football team, and the FA's regulatory proceedings against him for using racist language were successfully presented by Jonathan Laidlaw QC and Stephen Brassington.
We also act for sportsmen and sportswomen, and were appointed to the London 2012 Pro-Bono panel, established to provide legal advice to Olympians and Paralympians during the London Games. We also 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 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' and Bar Standards Board Disciplinary Proceedings
A number of members are regularly instructed to represent solicitors in proceedings before the Solicitors' Disciplinary Tribunal. We can also advise on interventions and other SRA investigations, proceedings before the Adjudication Panels, and related proceedings in the Divisional Court. We are also experienced in bringing Judicial Review applications.
We also act in proceedings brought against members of the Bar by its regulatory body.
We are happy to accept instructions from legal professionals on a direct access basis.
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.
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