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Mary O`Rourke QC

CALLED TO THE BAR 1981

Queen's Counsel


Professional Discipline Profile

Background

 

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



General Information

 


Directory Comments

 

 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.

 

"...commended for her 'top drawer legal knowlege'..." Legal 500 2008

 

‘Renowned for her “no-nonsense approach,” she is “a real scrapper” who approaches her cases with “fervour and energy, going at it hell for leather.’ Chambers & Partners 2009

 

“confident and steely” Chambers & Partners 2009

 

 



Nature of Practice

 
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.

Specialist Information

 


Reported and other cases of Interest

 

GMC v Southall [2007] - represented Dr Southall at the GMC in relation to a clinical trial and in other proceedings relating to the Sally Clark case.

GMC v Holton [2007] - high profile GMC case in relation to the alleged misdiagnosis of epilepsy. Despite GMC performance assessment finding that the doctor's performance was not seriously deficient the case, uniquely, went to a full GMC hearing (and statutory appeal in the Admin Court) because of a campaign by the parents.

GMC v O'Brian [2007] - professional conduct case arising out of Sunday Times "sting" in relation to the provision of "sick notes"

Henshall v GMC [2007] - represented two paediatric consultants in the CA in this judicial review brought by parents of two children relating to the GMC's decision not to bring professional conduct allegations against the doctors concerned

GMC v Biswas [2006-7] Mary represented Dr Biswas in various proceedings in the GMC, CHRE and Admin Court

C v Dr Cairns   [2003] Lloyd’s Rep Med 90 – limitation issue being decided at trial of negligence issues 25 years after events; doctor’s duty of medical confidentiality.

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.



Clients

 


Publications

 


Lectures and Seminars

 


Related Professional Activities

 
Technology & Construction Bar Association (TECBAR)
Bar European Group
Western Circuit

Other Information