Tom Day

Professional Discipline

Tom has been recognised for a number of years as a leading junior in the field of professional discipline. He has considerable experience of all forms of Interim Order and Fitness to Practise proceedings involving issues of performance, health, and misconduct. He regularly defends registered medical professionals in the Medical Practitioners Tribunal Service and the General Dental Council. He is an experienced presenter on behalf of the General Optical Council, the Football Association and other sporting bodies. He also has appellate experience having successfully challenged the decisions of regulators in proceedings before the High Court.

Individual cases

FA v Arsenal FC

Tom advised and represented The FA in disciplinary proceedings against Arsenal FC and Alan Middleton, a sports agent, in relation to the sale of Calum Chambers to Arsenal FC for £16m in July 2014.

This case was widely covered in the press, click here and here to view.

FA v Reading FC

Tom advised and represented The FA in proceedings against Reading FC following a pitch invasion at an FA Cup quarter final. This case was widely covered in the press, click here to view.

FA v Leeds United FC and Massimo Cellino

Tom advised and represented (led by Christopher Coltart QC) The FA in proceedings against Leeds United FC and its Chairman. This case was widely covered in the press, click here to view.

Shah v GMC

Tom represented a a consultant surgeon before the High Court seeking to overturn the decision of the MPTS to impose an interim order of conditions after a number of concerns had been raised primarily regarding post-operative management of infection. The order was revoked by the High Court principally on the issue of proportionality.

Recent instructions in the field of healthcare include:

• Representing a doctor who was accused of cheating during the MRCP exam after anomaly detecting software had identified suspiciously similar results between his and another doctor’s exam papers.
• Representing a doctor accused of serious dishonesty regarding timesheets and attendance.
• Representing accused of serious dishonesty in relation to their experience performing a procedure which led to serious harm to a patient.
• Representing the GOC in proceedings against an optometrist accused of sexual assault during a consultation.
• Representing the GOC in proceedings abasing a student optometrist accused of repeated dishonesty in relation to her university course.
• Representing a doctor in proceedings arising out of alleged drug use at work.
• Representing a dentist accused of assaulting their child and child neglect.
• Representing a doctor accused of assaulting their child.
• Representing a doctor under investigation for an offence of gross negligence manslaughter.