Gavin Irwin

Professional Discipline

Gavin has represented individuals in conduct proceedings brought by the General Medical Council, the General Dental Council, the Nursing and Midwifery Council, the Solicitors Regulation Authority, the Council of the Inns of Court and the Council for Licensed Conveyancers.  He has particular experience where different regulators each claim an overlapping jurisdiction and where the prospect of criminal proceedings is an important factor in tactical decision-making.

In particular, recent cases have involved:

• representing the National Health Service in the First-Tier Tribunal, in an appeal against a finding of ‘inefficiency’ and removal from the Performers List
• representing two students before a university conduct committee in relation to allegations of serious sexual misconduct
• representing doctors and dentists in conduct proceedings relating to: the handling and retention of patient confidential records; allegations of sexual assault; and, unchaperoned medical examinations of vulnerable individuals
• representing a licensed conveyancer in linked proceedings before the CLC, the SRA and Guildford Magistrates’ Court
• representing nurses before the Nursing and Midwifery Council for: causing serious injury to a patient in her own home; and, failing to provide adequate care and failing properly to keep records in Police Custody Suites
• acting as legal assessor to the National Registers of Communication Professionals, in conduct proceedings relating to sign-language professionals
• presenting for the General Dental Council in conduct proceedings arising from a patient inadvertently drinking bleach during treatment

In the autumn of 2012, Gavin spent two months at the United Nations Office of Staff Legal Assistance in Nairobi providing advice and representation to UN staff members across Africa on a broad range of issues including professional discipline and employment law disputes. He regularly appeared before the UN Dispute Tribunal and made written submissions to the UN Appeals Tribunal.

Reported Cases before the UN Tribunals:

Finnis v Secretary General of the United Nations
On the application of the administrative rules relating to staff selection procedures and conflicts of interest.

Dakamseh v Secretary General of the United Nations
On the application of the administrative rules relating to staff selection procedures upon the closing of the UN Mission in Sudan.

Stoykov v Secretary General of the United Nations
On fair hearings, delay and maintenance of records.