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Clinical Negligence
Oliver is instructed by Claimants and Defendants (on behalf of Medical Defence Organisations and the NHSLA) in all aspects of Medical and Dental Negligence disputes including settling pleadings and advising. He accepts instructions on CFAs in appropriate cases.
Professional Discipline
Oliver has experience of representing healthcare professionals before their regulatory bodies including the GMC and GDC at IOP and FTP hearings. He has been instructed in a number of multi-day GMC Fitness to Practise hearings and appears before the Interim Orders Panel.
He was recently instructed to appear before the GMC's Fitness to Practise Panel and successfully defended a doctor in a five week hearing. The Heads of Charge included charges of dishonesty, inadequate performance and misconduct.
Oliver is currently acting as Junior Counsel to Mary O’Rourke QC representing Dr David Southall before the GMC following the recent Court of Appeal decision in the same case.
Coroners’ Inquests
Oliver has a broad medical practice with particular experience in medical professional discipline and a wide experience of coroner's inquests within a medical context. He is instructed to appear on behalf of doctors in inquests lasting several days or weeks. Oliver is also instructed by families in cases involving complex medical aspects including issues relating to delay in treatment or sudden unexpected deaths of partially or totally dependent patients. He is also instructed in lengthy Article 2 and jury inquests concerning deaths in custody involving multiple interested parties.
Mental Health / Best Interests
Oliver was an author on Medical Treatment: Decisions and the Law - The Mental Capacity Act in Action (3 Serjeants’ Inn, Christopher Johnston (Ed.) (Second Edition, Bloomsbury, 2009).
Oliver is instructed by Claimants and Defendants in all aspects of Medical work. He has a long-standing interest in cases involving difficult questions of consent and capacity. As a result of his wide interest in ethical cases, Oliver contributed to a number of chapters in MTDL, including those on Consent; Treatment of Suicidal Patients; and Human Organ and Tissue Donation. Oliver has had exposure to cases involving tissue donation and withdrawal of treatment.
Administrative & Constitutional Law
Oliver has a developing interest in all aspects of Administrative, Constitutional and Public law, including Judicial Review. Through work in his other practice areas, Oliver has an in depth knowledge of the Disciplinary, Medical and Police sectors. Oliver advises the police on Constitutional Law matters and has represented various Police forces in the High Court, including defending actions brought under the Human Rights Act.
Employment
Oliver has a developing employment law practice. Oliver's interest in employment work relates particularly to the Medical and Police fields and Oliver has an interest in the overlap between employment law and disciplinary matters. He has appeared before Employment Tribunals on matters including unfair dismissal and discrimination. Oliver has a particular interest in contractual matters.
Oliver is currently instructed as Junior Counsel in Edwards v Chesterfield Royal Hospital NHS Foundation Trust due to be heard in the Supreme Court in June 2011. Oliver was Junior Counsel in the successful appeal to the Court of Appeal on 'whether a person who suffers damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, but which would not otherwise have been made, can recover damages at large'. The question being answered in the affirmative by the Court of Appeal ([2010] EWCA Civ 571). The Respondent Trust has now gained permission to appeal to the Supreme Court.
Pro Bono Work
Oliver accepts instructions on a pro bono basis in inquest and medical cases (including providing representation for families at inquests).
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