Disciplinary & Regulatory

Never has there been a time when professionals, organisations and individuals in all walks of life have been subjected to such a high level of regulation and ever more complex disciplinary and regulatory regimes. In ensuring quality, detailed and far reaching rules are often necessary. Historically, many disciplinary & regulatory practitioners have come from criminal sets.

Littleton brings a special dimension of expertise as many members have experience of employment and administrative law as well as specific expertise in discipline and regulation. They can, therefore, provide the ‘complete package’ when it comes to litigation in these fields, often saving clients time and money in this cohesive strategic approach.

Littleton Members continue to operate at the very cutting edge, having been involved in cases which are marking out the landscape of this exciting area; as well as possessing the specialist knowledge and experience to conduct day to day matters in the broadest range of disciplinary and regulatory contexts. Each and every one the practitioners in this field has the advantage of cross-disciplinary experience, shared within chambers’ Disciplinary & Regulatory Group (“DRG”), as well as the sensitivity to apply their ample advocacy skills in the right way in this area of law.

Members of the DRG, many of whom are also members of ADRL, include:

• silks and juniors at different calls;
• approved counsel for the Equality & Human Rights Commission;
• assessors, panellists and legal advisers to disciplinary and regulatory panels including Bar Standards Board (Conduct and Complaints); General Medical Council; Football Association; Mental Capacity Act Informal Rules Committee; Royal College of Veterinary Surgeons; Professional Conduct Committee of British Psychological Society; Designated Independent Person under the Local Government Act;
• those with specialised medical and medico-legal expertise and qualifications;
• employment law specialists able to undertake crossover work in respect of parallel employment disputes/urgent applications for injunctive relief.

Our collective experience includes the Appellate Courts, the General Medical Council, PMETB, the Nursing and Midwifery Council, the Health Professions Council, the General Dental Council, the Royal College of Veterinary Surgeons, the General Social Care Council, the General Teaching Council for England, the Electoral Commission, the Solicitors Disciplinary Tribunal, the Solicitors Regulation Authority, the Bar Standards Board and the Financial Services Authority.

Chambers has particular expertise in cases with a medical dimension. Its silks and juniors have appeared in some of the leading cases on injunctive relief in this field and have an absolute command of the culture, procedures and intricacies of litigation in the NHS or concerning medical and healthcare professionals.

Littleton members advise and represent regulatory bodies, representative bodies and private parties in relation to:

• Internal hearings, suspensions, sanctions and exclusions
• Injunctions and interim orders
• Drafting rules, and amendments
• Human rights – especially Article 2,3, 5, 6, 8, 9, 14 and Article 1 Protocol 1
• Public law fairness and procedural issues
• European law, competition and free movement

Key cases include:

• R (G) v Governors of X School [2012]1 AC 167: Supreme Court case on whether teaching assistant could rely on Article 6(1) ECHR at an internal disciplinary hearing.
• Re Chief Constable of North Yorkshire [2011]: first gross misconduct charge against a serving Chief Constable in 30 years.
• Kulkarni v. Milton Keynes NHS Trust [2009] IRLR 829 Court of Appeal: seminal case on the right to legal representation in internal hearings. 

Members of the DRG regularly provide academic and practical training sessions and a quarterly DRG bulletin. Please contact chambers for further details or to register for these events.