A trailblazer in this field for 30 years, QEB Hollis Whiteman was one of the original criminal sets to use their impressive skill set to develop a practice in professional discipline. We continue to be amongst the elite.
Legal 500 Bar Awards 2023: Nominated for Professional Disciplinary and Regulatory Set of the Year.
Overview
Members of the QEB Hollis Whiteman Regulatory Group undertake work in all areas of regulation and professional discipline, both prosecuting and defending. We act routinely for regulatory authorities and individuals across the range of professions. We are experienced in representing relevant parties before the High Court, Court of Appeal (Civil Division), and Supreme Court in any case arising from, or related to, regulatory proceedings. Members of the group continue to undertake regular criminal work and are therefore best placed to advise and provide representation where there is a regulatory and criminal interface. In an area of law where there appears to be an increasing appetite to apply criminal charges to what in the past would have been purely professional failures, this in-depth understanding of potential criminal liability is critical when advising in a regulatory context. Our prominence and expertise in Public Law uniquely places us to deal with professional discipline cases as they so often progress through judicial review, inquests and public inquiries.
Our Experience
Members of the regulatory team have significant experience in the regulation of the financial sector, healthcare sector, sports industry, gambling industry, the legal profession, accountants, architects, the police, and the military. We undertake work at all stages of the regulatory process, advising as well as representing parties in all categories of hearing. We have members that present on behalf of a regulator and those who specialise in the defence of a professional.
Many members of the group sit as Chairs, panel members and legal advisors in various tribunals and provide insight into their experience. Many junior members have obtained greater understanding of this area of law by undertaking secondments with regulators and the leading firms who practise in this area.
Our advocacy is marked out by our experience in both the Criminal, Public Law and Regulatory spheres; we understand the need for different styles and we are adept at tailoring our approach accordingly. Our members are not afraid to take novel points and the sharing of experience enables all to benefit from the depth and breadth of experience amongst the group.
Financial Services:
Our experience in Financial Services covers the full gamut of the practice area for a large and varied client base. Members of Chambers have acted for the following, amongst others: a high street bank in connection with Forex; a plc in connection with alleged breaches of the listing rules; a firm in connection with alleged anti-money laundering systems and controls issues; a CEO of a bank in respect of alleged oversight failings; individuals in connection with allegations of market abuse; individuals in connection with prohibition proceedings; and individuals in connection with alleged LIBOR and EURIBOR manipulation.
Find out more HERE.
Gaming and Licensing:
Members of QEB Hollis Whiteman are specialists in the regulation of gambling. They appear regularly before the Regulatory Panel of the Gambling Commission and have particular experience of regulatory licence reviews, criminal offences under the Gambling Act and matters relating to the National Lottery.
Recent cases include the prosecution of a CEO of a company who mismanaged a hospital lottery, causing huge losses to the hospital; representing a large online bookmaker facing regulatory review and suspension; acting for the Gambling Commission in their case against Entain (the gambling firm behind Ladbrokes and Coral) which resulted in a regulatory fine of £17 million being paid by the company.
Find out more HERE.
Healthcare:
QEB Hollis Whiteman has been at the forefront of healthcare regulation for decades. We continue to appear regularly before all healthcare tribunals and we specialise in providing advice and representation at every stage of regulatory proceedings, from the initial investigation stage to appeals before the High Court.
Our work has included:
advising and appearing for doctors, dentists, nurses, chiropractors, osteopaths, pharmacists and other healthcare professionals facing disciplinary proceedings of any type and on appeal; advising and acting for regulators in Fitness to Practise Hearings (or their equivalent), Interim Orders Hearings, Review Hearings, Restoration Hearings, and Registration Appeals; appearing in the High Court in appeals pursuant to section 40 of the Medical Act, or the equivalent provision relating to other healthcare professions; appearing in Judicial Review proceedings or in the Supreme Court on behalf of healthcare regulators or individuals; advising regulators on the statutory interpretation of their rules; providing assistance to regulators drafting internal policies and professional guidance; and acting as counsel to the inquiry in the Mid Staffs Public Inquiry, the largest-ever examination of the NHS Healthcare system in the UK.
Find out more HERE.
Industry Regulation:
QEB Hollis Whiteman's regulatory expertise extends to working with a number of different industries. We commonly act for individuals and organisations concerned with a vast array of commercial activity. Our experience in this field encompasses a broad spectrum of industries, these include: the Health and Safety Executive; the Security Industry Authority; the Civil Aviation Authority; the Military; Road Transport; the Traffic Commissioner; the Office of Rail and Road; Sea Fishing; Port & Harbour Authorities; the Charity Commission; and the Environment Agency.
Find out more HERE.
Police Discipline:
QEB Hollis Whiteman has marked strength in depth in Police Discipline. We have experience at every level of gross misconduct cases, police appeals tribunals, inquests, judicial review applications and police civil actions. We represent both the regulator and the membership. We have particular experience in representing police officers in linked Criminal and Public Law proceedings; we are mindful from the outset of the potential for alleged criminal liability and wider culpability. We are often instructed on high-profile cases, in cases that are at the forefront of changes to the law and on matters of national importance.
Our team consists of Barristers that operate almost exclusively within the field of Police Discipline. The team, which includes an ex-police officer, are well aware of the stress and difficulties that discipline issues can bring; we provide a tailored, personal response to each case, we are committed to the defence of the individual and the preservation of their career.
Find out more HERE.
Professional Discipline:
Our skilled Members regularly attract instructions in high-value, complex matters and our vast experience across fields that often interface with Professional Discipline sets us apart. We have extensive experience in relation to the full range of Regulated Professions, both presenting on behalf of the Regulator and defending the Professional. Our experience extends to the Regulation of Accountants, Surveyors, Architects, Teachers, Vets, Farriers and Lawyers.
We have advised at various stages of the Regulatory process from Investigation through to Appeals to the High Court and Applications by way of Judicial Review. We have represented parties at the Institute of Chartered Accountants of England and Wales, Chartered Institute of Management Accountants, Royal Institute of Chartered Surveyors, the National College of Teaching and Leadership, Teaching Regulation Agency, at Courts Martial, the Chartered Institute of Legal Executives, the Solicitors Disciplinary Tribunal and the Bar Tribunal and Adjudication Service.
Find out more HERE.
Sport:
QEB Hollis Whiteman has extended its established expertise in the regulatory and disciplinary field, to secure a strong foothold in the sporting world. Chambers has forged strong links both with the specialist solicitors in this practice area, and with the relevant sporting regulatory bodies and organisations. We have particular knowledge and skill in relation to horse racing, rugby union, tennis, cricket, athletics and equestrianism, our members having appeared regularly before various tribunals in connection with each of these sports.
We provide advice and representation in respect of proceedings before Sports Resolution and the Court of Arbitration for Sport (CAS) along with similar organisations. We are also regularly involved in criminal cases which arise from sporting events, including cases that have been prosecuted under the Gambling Act. Chambers’ private prosecutions team acts for The Premier League protecting its IP rights against illegal broadcasting of matches.
Find out more HERE.
Reviews
Legal 500 Awards 2023: Nominated for Chambers of the Year for Professional disciplinary and regulatory in the Legal 500 Awards 2023
'They always go out of their way to ensure they provide the best service.' Chambers UK (2023)
'Delivering quality at every level.' Chambers UK (2018)
'Very well-managed chambers.' Chambers UK (2018)
'An accomplished team of practitioners. Its skilled members regularly attract instructions in high-value, complex matters ... offering assistance to both claimants and defendants.' Chambers UK (2017)
'Highly respected set that has considerable understanding of the interplay between crime and regulatory work. It is regularly sought out to handle high-profile matters.' Chambers UK (2017)
'A squad with great depth.' Legal 500 (2017)
'Fantastic barristers at all levels.' Legal 500 (2017)
'A very solid set in the area’, with a key strength in medical regulation and a particularly strong portfolio of presentation-side work for regulators.' Legal 500 (2017)
Notable Cases
PSR v Sulion LTD (2021)
Selva Ramasamy KC and Tom Broomfield represented Sulion Limited in an investigation conducted by the Payment Systems Regulator (“PSR”) into cartel activity in the UK pre-paid cards market. The investigation was opened in October 2017. Following searches in February 2018, the PSR announced its provisional findings in March 2021. All parties settled during the course of the investigation.
Gambling Commission v Capen Limited (2021)
Tom Orpin-Massey was instructed by the UK Gambling Commission to represent them at an appeal before a regulatory panel made up of Commissioners. The appeal was against the suspension of Capen’s licence, and the immediacy of this suspension, rather than it not taking effect until the appeal period expired. The licensee, an operator that had run society lotteries, and was also a gambling software developer, submitted that the suspension was disproportionate. The appeal was dismissed and the suspension was upheld.
Royal Pharmaceutical Council v Khan 2016 (Supreme Court)
Represented the General Pharmaceutical Council in their appeal to the Supreme Court against a decision of the Inner House of Sessions in Scotland on a matter of significance across the regulatory field. The appeal was won.
R (on the Application of Squier) v the GMC (2015) EWHC 299 (Admin)
Appeared on behalf of the GMC in an application for judicial review of two decisions of the Fitness to Practise Panel in relation to a world-renowned Neuropathologist.
GMC v Mr Ian Paterson
Birmingham "rogue" Breast Surgeon who performed unnecessary and inappropriate breast operations on more than 1,000 women.
General Dental Council v Dr Addow
Dentist struck-off for offering to perform female genital mutilation.
GMC v Dr Trossel
Dr Robert Trossel was struck off for giving false hope and unsubstantiated and exaggerated claims relating to stem cell treatment to patients suffering from degenerative and devastating illnesses such MS.
GDC Radeke
Presented the case against a dentist whose Patient died within 24 hours of an operation.
GMC v Gordon Skinner
Case of high-profile private practitioner and his diagnosis and approach to thyroid-related disorders.
GMC v Jane Barton
The doctor at the centre of a probe into deaths at a community hospital found to have made a catalogue of failings in her treatment of the patients, who later died, including issuing drugs which were 'excessive, inappropriate and potentially hazardous'.
GMC v Mao Aweys
Doctor struck-off after Tribunal found he offered advice on arranging a female genital mutilation.
GDC v BK (2015)
Instructed on behalf of the respondent (GDC) in High Court Appeal; Grounds of Appeal based on poor reasoning given by the Professional Conduct Committee and an apparent misapplication of a Test for Dishonesty. The case is now an important authority in relation to the Test for Dishonesty in regulatory proceedings.
GDC v Vieru-York EWHC 1784 (2015)
Prosecuted a Harley Street Dentist for Gross Clinical Errors involving implant surgery. Successfully defended the Tribunal findings on appeal.
NHS England v Dr Kamal (2013)
The first test case for NHS England under the new regulations governing performers lists and the follow-on appeal before the First-Tier Tribunal. Lydia’s landmark arguments on not calling live witnesses to support sexual allegations were adopted.
