Sitemap

James Berry

CALLED TO THE BAR 2006

Junior Counsel


Professional Discipline & Regulatory Profile

Background

 

2008                      Tenant at 3 Serjeants’ Inn

2007                      LLM, Harvard Law School

2006                      Called to the Bar, Lincoln’s Inn

                              Lord Denning, Wolfson and Hardwicke Scholarships

                              BVC, Inns of Court School of Law

2005                      LLB (First Class), University College London

                              Sweet & Maxwell Prize, Dean’s List

 

Email: jberry@3serjeantsinn.com



General Information

 


Directory Comments

 


Nature of Practice

 

James has a wide ranging interest in professional discipline and regulation.  He has experience of advising and representing professionals before their regulatory bodies and also of appeals and judicial reviews of disciplinary and regulatory decisions.  James has lectured about the impact of Article 6 on disciplinary investigations.  James brings his complementary knowledge and experience of employment law to bear where there is an overlap between employment and disciplinary proceedings. 

 

Healthcare Discipline
James represents healthcare professionals before their regulatory bodies including the GMC, GDC, HPC,  PCTs, First Tier Tribunal (Primary Health Lists) and university medical school disciplinary procedures.

Recent experience:

Representing a doctor at the GMC's Registration Appeal Panel who had been denied provisional registration in the UK after completing her medical studies in Ukraine.
Representing a medical student who had developed bipolar disorder and allegedly behaved aggressively. Representing a medical student who had stolen money from his part-time employer.

 

Police Discipline
James represents Chief Constables at misconduct hearings under the Police (Conduct) Regulations 2008 and on appeal to the Police Appeal Tribunal.  He also has experience of advising on whether complaints against police are 'recordable' and whether referral to the IPCC is necessary.  James has advised on aspects of ongoing disciplinary investigations including on matters of surveillance, human rights and disclosure obligations in relation to subsequent criminal proceedings.

Recent experience:

Representing the Chief Constable Thames Valley Police in proceedings concerning a Special Constable who failed to prevent and/or report a theft which occurred while he was off duty.

 

Employers' Internal Disciplinary Proceedings

James has experience of advising on the conduct of employers' internal disciplinary investigations and hearings including the impact of Article 6.

 

Judicial Review

James has experience of Judicial Review claims arising out of disciplinary hearings.

Recent experience:

Advising (with John Beggs QC) on judicial review of a Police Appeal Tribunal decision to quash a sanction of requirement to resign against an officer who had admitted dishonesty.



Specialist Information

 


Reported and other cases of Interest

 


Clients

 


Publications

 
Interim Suspension of Doctors and Dentists "In the Public Interest" (Kingsley Napley The Regulator), with John Beggs QC (2010)

Lectures and Seminars

 

National Police Anti-Corruption Conference (Bedfordshire Police HQ 2009 and 2010): Human Rights, Surveillance, Misconduct in Public Office, Corruption, Judicial Review.

Article 6 and contractual disciplinary procedures (FFW, 2010)

NHS Contractual Disciplinary Procedures after Kulkarni (BLM, 2010)

Misconduct in Public Office (PSAEW, 2010)



Related Professional Activities

 

Member of:

Free Representation Unit (employment representative)

Bar Pro Bono Unit Panel

ALBA

ARDL

ELBA

PNBA



Other Information