Regulatory & Disciplinary

Overview

Deka’s position as a leading common law set ideally places us to deal with the demands of regulation drawing on expertise from our diverse specialisms within Chambers to provide the highest level of advice and representation across the full spectrum of work.

From advising on FSMA to appearing before the courts in Environment Agency prosecutions, we will recommend a barrister tailored to our clients’ specific needs, to guide clients through the regulatory process to achieve successful outcomes.

Our Professional Disciplinary team provides a specialised service in disciplinary body investigations and associated tribunal hearings. Chambers’ expertise in criminal law, personal injury and clinical negligence perfectly places the team to act in cases involving the police and the healthcare sector. Thanks to a wealth of experience in acting for regulators and disciplinary bodies, those on the receiving end of disciplinary proceedings can also expect informed and strategic advice, relying upon us to defend their interests at all times.

Members of the team regularly appear before tribunals, performers list committees, the High Court and the Court of Appeal.

The laws and regulations that govern the professions are intimidating and complex. Often individuals who are subject to investigation experience the mental and emotional pressures of maintaining both a business and private life, whilst also then having to manage the allegations brought against them by their professional body. Disciplinary proceedings against individuals can have a devastating effect on the individual’s career and mental health, as well as on the business concerned.

We provide plain and constructive specialist advice from the outset on a wide range of issues. As regards medical practitioners these will include consent, record keeping, relationships with patients, criminal offences, standards of treatment, ethics, the management of patients, complaints unconnected to professional practice, standards and training, advertising, Care Quality Commission issues, language difficulties, health issues and competence.

Areas of Expertise

• Breaches of planning regulations, fly tipping, Medicines Act breaches, trading standards, food standards and environmental offences.
• Fraud and corruption cases, and cases concerning breaches of Company Law and Regulation, for or against the Serious Fraud Office, Financial Conduct Authority, Department for Business, Innovation and Skills and HM Revenue and Customs.
• Acting for and against the Health and Safety Executive, the Environment Agency and the Department for the Environment, Food and Rural Affairs.
• Proceedings before the healthcare regulators and in the Care Standards Tribunal.
• Applications under the Proceeds of Crime Act 2002, in the criminal and civil courts.
• Local authority and police force regulation of licencing regarding matters including firearms, taxis and liquor.

Regulatory

• Financial Services and associated Ombudsmen
• Corporate Governance
• Planning
• Licensing
• Sports Law, individual and corporate
• Environmental Enforcement
• Health and Safety
• Healthcare including Trusts and Care Environments
• Local Authority regulation
• Proceeds of Crime, Restraint and Asset Forfeiture
• Fraudulent Trading
• Consumer Law

Professional Discipline

The team frequently advise clients in relation to investigations by professional bodies including the following:

• Solicitors’ Regulatory Authority (SRA)
• Bar Standards Board (BSB)
• Financial Conduct Authority (FCA) Regulatory Decisions Committee
• All medical councils including the General Medical Council (GMC), Nursing and Midwifery Council (NMC) and the Health and Care Professions Council (HCPC)
• Association of Accounting Technicians (AAT)
• Association of Certified Chartered Accountants (ACCA)
• The Society of Clinical Perfusion Scientists of Great Britain and Ireland
• Architects Registration Board
• Emergency Services disciplinary proceedings including the Police Disciplinary Tribunal
• Sports Disciplinary Tribunals including the FA, the RFU