1977 - 1980 University of London, King`s College, LL.B - 1st Class Honours.
1980 - 1981 Inns of Court School of Law [Bar Finals] - Upper Second Class Honours
1981 - 1982 College of Europe, Bruges, Belgium
Certificat de Hautes Etudes Europeenes (Law)
1997 - 1998 University of London, King`s College
Postgraduate Certificate in Sports Law

2003 Called to the Bar in Northern Ireland

2008 Winner of Professional Discipline Junior of the Year Award at the Chambers & Partners Bar Awards

Email: morourke@3serjeantsinn.com

 Mary has been top-ranked for clinical negligence and professional discipline by Chambers & Partners for several years. She is also recommended in clinical negligence and professional discipline by the Legal 500. She won Professional Discipline Junior of the Year in the Chambers & Partners Bar Awards 2008.

Disciplinary Work  Representation of clients at GMC, GDC, UKCC, Health Professions Council, Royal Pharmaceutical Society Statutory Committee, NHS Tribunal and FHSA Medical and Dental Service Committee Appeals. Advisory work for the UKCC on Disciplinary matters and drafting of Regulations. Advisory work and representation of Consultants and nursing staff at Health Authority or Trust Disciplinary proceedings and in Whitley Council procedures and proceedings conducted under Department of Health Circulars (particularly HC(90)9). Advising on judicial reviews and court proceedings arising out of disciplinary procedures. Advisory work and representation in Disciplinary proceedings for the Chartered Society of Physiotherapists. Representation of osteopaths, dieticians and other allied professions before Disciplinary bodies. Acted as lawyer Chairman under HC(90)9 Annex B procedures and on hospital disciplinary appeals.

Construction and Engineering  Significant experience of all aspects of advisory work, pleadings and advocacy in construction and civil engineering field. Trial experience: High Court (Queen’s Bench and Commercial Court as well as Construction and Technology Court) and County Court, also domestic arbitrations (single and multiple arbitrators) and interlocutory work (all types of procedural applications e.g Order 14, strike out, security for costs, stays to arbitration).
Appellate experience in the Court of Appeal (interlocutory applications and full appeals) and from arbitrations to the Construction and Technology Court and Court of Appeal. Work undertaken in London and all over England (particularly North West and North East) and Wales.

Employment Law  Contractual advisory work in medical and allied fields. Extensive representation at Employment Tribunals and the Employment Appeal Tribunal (Applicants and Respondents) of Health Authorities and Trusts and other NHS employers and medical and dental practitioners in employment and discrimination cases. Drafting and advising on medical contracts – related to discipline and remuneration of partnership issues.

Particular areas of professional interest  Employment or disciplinary issues in medically related fields or Sport. Public Law - with emphasis on medical related or sporting issues. Sports Law - and specifically any connection between sports injury and medical treatment. Issues arising out of interpretation of statutes or Regulations (particularly if disciplinary context). Impact of Human Rights legislation in disciplinary and employment areas.

R v GMC ex parte Toth (No 2)   (2003) Admin Court unreported – 27 June 2003 – judicial review of PCC of GMC referring case to Health Committee

Saeed v Royal Wolverhampton NHS T  [2001] Lloyd’s Rep Me 111 (CA) – interpretation of consultant contract on issue of professional or personal misconduct

R - v - Secretary of State for Health ex parte Johnson   (1990) [2001] Lloyd`s Rep Med 285 (CA) - judicial review of Secretary of State on disciplinary issues for dental practitioner.

R v GMC ex parte Toth (No 1)   [2001] Lloyd’s Rep Med 368 – judicial review of GMC on decision to screen out case

R v GMC ex parte Holmes   [2001] Lloyd’s Rep Med 366 (Admin Court) and July and October 2002 (CA) on issues of apparent bias and human rights

R - v - Secretary of State for Health ex parte Lai   (1987) [2001] Lloyd`s Rep Med 417 (Div Court) - judicial review on natural justice and time-limits in dental disciplinary cases.

Kent v London Ambulance Service   [1999] Lloyd`s Rep. Med. 58 (CA on strike out) and 424 (QB) and CA [2000] Lloyd`s Rep Med 109 - duty of care owed by ambulance service to a 999 caller.

Warren v Northern General Hospital NHS Trust   [2000] Lloyd’s Rep Med 234 (CA) – test case on discount rate

Heil v Rankin   [2000] Lloyd’s Rep Med 203 (CA) – test case on PSLA damages

Okosoglu v Kay & Oldershaw   [1998] Lloyd`s Rep. Med. 129 (CA) - split trials and apportionment of costs when causation defence succeeds and reduces very large claim to a very small claim

R v Croydon Health Authority   [1998] Lloyd`s Rep. Med. 44 (CA) - scope of duty of care of prospective employer in respect of pre-employment occupational health medical assessment

Brady v Sunderland AFC and Boobis & England   (1998) (CA - unrep) - represented professional footballer in claim against football club and 2 hospital consultants relating to failure to diagnose and properly treat a serious career ending vascular condition.

R v Secretary of State for Health ex parte Manchester LMC  (1995) (Div Court) - judicial review of Secretary of State`s refusal to hold an Inquiry