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Oliver has a growing Professional Discipline and Regulatory practice. Oliver has experience of representing professionals before their regulatory bodies and particularly the GMC and GDC. He has appeared in a number of multi-day Fitness to Practise Panel hearings. He often acts in his own right, usually against significantly more senior Counsel and has also successfully appeared twice as Junior Counsel in the Court of Appeal on matters involving healthcare discipline.
Healthcare Discipline
Oliver represents Healthcare professionals in disciplinary proceedings and has significant experience of medical related regulatory bodies including the GMC, GDC and HPC. He also has significant experience of issues arising from healthcare Trust disciplinary procedures. Oliver appears in Fitness to Practise Panel hearings as well as before Interim Order Panels.
Recent Experience
Oliver recently acted for a doctor in a significant 5 week FTPP hearing in which the doctor faced 35 charges including dishonesty, inadequate performance and misconduct, the vast majority of which were denied. The GMC, represented by a leading QC, submitted that the doctor should be erased from the medical register and as part of their case called in excess of 20 witnesses including senior and highly-regarded Consultants. Despite no defence witnesses other than the doctor being called, a number of charges were not found proved and a period of suspension was imposed by the Panel.
Oliver is currently instructed in the GMC as Junior Counsel for controversial paediatrician Dr David Southall who was one of the UK's leading experts in child protection work. Dr Southall faces charges relating to his keeping of special case files separate from hospital records.
Oliver successfully acted on behalf of Dr Southall in the second appeal to the Court of Appeal following Dr Southall's erasure from the medical register by the GMC in 2007 for findings made relating to accusations of murder made by Dr Southall (Southall v General Medical Council [2010] EWCA Civ 407 and [2010] EWCA Civ 484). The Court of Appeal held that the reasons given by the GMC for rejecting Dr Southall's defence at a FTPP hearing in 2007 were inadequate in such an exceptional case ([2010] EWCA Civ 407 and [2010] EWCA Civ 484).
Oliver has appeared on behalf of several junior doctors facing dishonestly allegations relating to job and training post applications.
Employers' Internal Disciplinary Proceedings
Oliver has gained significant experience of hospital Trust disciplinary procedures and acted as junior Counsel for Consultant Surgeon Mr Edwards in the "groundbreaking" case of Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2010] All ER (D) 247 (May). Mr Edwards' successful appeal to the Court of Appeal concerned entitlement to damages for findings of misconduct made in hospital Trust disciplinary proceedings conducted in breach of contract. The Respondent Hospital Trust has permission to appeal to the Supreme Court and the appeal is due to be heard in 2011.
Judicial Review
Oliver has experience of Judicial Review proceedings arising out of disciplinary hearings, particularly against findings and decisions of the General Medical Council.
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