2010 - Tenancy at 3 Serjeants' Inn

1990 - Tenancy at Cloisters

1989 - Pupillage at Cloisters

1988 - 1989 - Manager of Civil Department at Offenbach Solicitors

1984 - 1988 -  Outdoor and Managing Clerk at Offenbachs Solicitors

Nov 1988 - Called to the Bar 

1983 - 1986 - LLB (Hons) South Bank Polytechnic

Email: PSpencer@3serjeantsinn.com

'Paul Spencer is a new addition to the set with an excellent reputation. Clients applaud that he "fights his corner, but always with real charm." .... Chambers and Partners 2011

Paul Spencer  is a "reflective and extremely hard-working advocate." He represented a nurse in misconduct proceedings relating to her filming undercover for a Channel 4 'Dispatches' programme. Chambers and Partners 2010

Areas of Practice:

Social and Healthcare Law

Disciplinary Proceedings

Public and Regulatory Law

Inquests

Defending Health and Safety at Work prosecutions

Civil procedure

Employment

Paul is a renowned specialist in social and healthcare law, with a specialism in social and health care advice and litigation.  He advises and appears in a range of regulatory proceedings, judicial reviews, inquests,  in hearings before the Care Standards Tribunal, Health Professional Council, Family Health Service Appeal Authority and in commercial claims before the civil courts.  He regularly advises and acts for a number of Local Authorities, regulatory bodies  and care providers in enforcement actions.  He advises and represents organisations and companies who face HSE prosecution following deaths in private hospital or care home settings and in other work place settings.

He acts for doctors, nurses and other Health Care professionals in respect of  professional conduct matters, particularly before the GMC, Nursing & Midwifery Council and Health Professional Council. He advises on health care audits and related issues.

He has lectured widely on healthcare, regulatory and professional conduct matters and has provided training to doctors for AvMA and the BMA and in-house training for many firms of solicitors and other organisations.

Toropdar v Eidha (2009) successfully resisted an application by an Insurance company who applied for negative declaratory relief seeking an order from the High Court that they were not liable to pay compensation to an injured child who had run out in front of a bus and suffered severe head injuries 6 years earlier.

The “Lotto Rapist” case - A (Appellant) v. Iorworth Hoare (and joined cases) [2006] EWCA Civ 395, (2006) 1 WLR 2320 - successfully appeared for the Appellant, Mrs A, in this widely-reported claim to disapply ordinary and non-extendable limitation period for intentional torts in this rape (or other sexual abuse) claim(s).
Serco Limited v. Lawson (and joined cases) [2006] UKHL 3, [2006] 1 All E.R. 823 - successfully appeared for the Appellant in the House of Lords in an important challenge to the territorial restrictions placed upon Employment Tribunals by the Employment Rights Act. Leading authority on the territorial application of the right to claim unfair dismissal.
R. (on the application of Durham County Council) v. North Durham Justices [2004] EWHC 1073 - successfully appeared for the local authority in a judicial review of the decision of the Magistrates to require personal service for the enforcement of certain traffic fines.
Seoirse Treabhar Ropaigealach v. Allied Irish Bank Plc [2001] EWCA Civ 790, (2002) 03 EG 130 - appeared for the Appellant in the Court of Appeal on a challenge to the power to impose a Charging Order Absolute simultaneously with an Order for the repayment of a debt by instalments.
Richard Helal Noueiri v. Paragon Finance Plc [2001] EWCA Civ 1402, (2001) 1 WLR 2357 - successfully appeared for the RCJ Citizens Advice Bureau to obtain an Order preventing an unqualified individual acting as a McKenzie Friend to litigants in the High Court.
Sinclair v. (1) Chief Constable of West Yorkshire (2) British Telecommunications Plc [2000] CA - appeared in the Court of Appeal for the Respondent, defending an appeal against the refusal of a strike out application in respect of a malicious prosecution claim.

Darker v. Chief Constable of West Midlands Police [2000] 4 All E.R. 193, (2000) 3 WLR 747 - successful challenge in the House of Lords to the (absolute) immunity of Police Officers from civil suit for preparatory acts before trial.
Justin Edward Jolley v. London Borough of Sutton [2000] 3 All E.R. 409, (2000) 1 WLR 1082 - successful appeal to the House of Lords on behalf of a child Claimant in a substantial personal injury action. Leading authority on the question of foreseeability in child trespasser cases.
Sinclair v. British Telecommunications Plc [2000] 2 All E.R. 461, (2000) 1 WLR 38 - appeal in substantial commercial claim on the issue of whether an Order for staying the claim until the satisfaction of a Costs Order in an earlier claim would have a stifling effect.
CPS v. Leroy Scarlett (2000) 1 WLR 515 - appeal to the Court of Appeal against an Order requiring the repatriation of assets from outside the jurisdiction to enforce restraint orders and against a custodial sentence for contempt of court.
Wakefield Metropolitan Borough Council v. Nursiah & Ors, DC 1998 - Divisional Court challenge to the proper approach to be taken by Magistrates to allegations of non-compliance with Regulation 10(1)(a) of the Residential Care Homes Regulations 1984.
NCSC v. Dr. Ken MacLeod - represented Dr. MacLeod and successfully prevented the NCSC from adding a condition to the Portland Hospital’s Certificate of Registration. The NCSC issued emergency proceedings in the Bow Street Magistrates’ Court designed to prevent this Consultant from practising after his alleged responsibility for a second death on the maternity wing at the Portland.

Other Recent Work

• Successfully represented one of the UK's largest agency workers companies who were prosecuted under Secion 2 of the Health and Safety at Work Act and accompanying regulations.  Company acquitted.
• Successfully represented one of the country's largest health care providers who had been served with cancellation proceedings by CQC.  After improvements were brought about at the home CQC withdrew the cancellation notice with approval from the First tier Tribunal.
• Advised a large corporation on a NHS procurement dispute following the loss of a £1m tendering contract.
• Successfully represented a leading organisation set up by Royal Charter and 10 named Respondents who faced allegations of race discrimination and work place bullying in the ET.
• Appeared for a provider at an interview with the CQC enforcement team.  Following interview written representations were sent urging CQC not to take enforcement action.  Successful outcome.
• Advised and represented a large health care provider who pleaded guilty in the Wakefield Magistrates' Court to various health and safety breaches following the death of a resident in a nursing home.
• Instructed by the BPU to represent a Consultant who faces proceedings before the GMC because of impairment.
• Negotiated cautions for a large corporate care home provider who faced a large number of summonses in the Magistrates’ Court for alleged poor care provision.
• Acted for a Hospital theatre technician who faced professional conduct proceedings before the HPC.
• Represented a number of "interested parties" in various proceedings before Coroners.
• Acted for a deceased family in a 5 day Inquest into a death in Prison Custody after a 16 year old committed suicide. Prison Officers found to have lied about their early morning welfare visits to deceased prior to his death. Deceased was on ‘special watch’.
• Advising and drafting pleadings for a Claimant who suffered psychiatric injury and financial loss arising out of Operation Riz.
• Appeared at the Inquest into the death of Les Tahir, the British Army Sergeant who died at the start of the Iraq War in a helicopter crash in which eight British servicemen and four U.S. personnel were killed. The Coroner ruled on the 19th April 2007 that the crash was due to mechanical failure and not pilot error as found by a U.S. investigation into the deaths.
• Appeared for a care home provider before the Care Standards Tribunal on the rights of a successful party to recover their costs.
• Appeared for a Claimant child-minder in the first successful challenge to a suspension order imposed by OFSTED.
• Advised and acted for HCA International (Portland Hospital) after it brought defamation proceedings/CPR 25 application against the CSCI following the publication of a critical and defamatory inspection report.
• Successfully defended Ampleforth School after sexual abuse allegations were made.
• Acted for a suspended UCL lecturer at his Disciplinary Tribunal hearing before the Board of Visitors after allegations were made by a mature post-graduate student that he raped and sexually assaulted her on three separate occasions over a six month period.
• Acted for a nursing home and its staff at an Inquest after the nurse on duty misread a medication chart and administered a fatal dose of insulin.
• Acting for Steve Bolton Productions/Channel 4 who fund the defence of an undercover nurse who appeared in a Dispatches programme highlighting extremely poor care practices at Ealing Hospital. She faces a five day hearing for breach of her professional conduct rules before the NMC after a complaint was made by the Chief Executive of Ealing that patient consent was not obtained.
• Appeared before the GMC acting for a Consultant impaired by long-term alcoholism. The outcome was that the doctor was successfully restored to the Register and allowed to work in a hospital.
• Acting for one of the UK’s leading private health care providers who face prosecution by CSCI following several deaths in one of their care homes.
• Inquest into a death in police custody.
• High Court claim for damages following closure of a care home.
• Claim against MoD and primary tortfeasor by a former soldier after he was sexually assaulted whilst undergoing training at his barracks.
• Judicial Review of a decision of the CSCI to cancel the registration of a care home.
• Challenge to CQC star rating given to a large Care provider
• Bennett v. CICA. Instructed to represent applicant who claimed compensation from the CICA after years of sexual abuse by stepfather. Issue whether the Applicant had consented.

Blackstone’s Guide to the Care Standards Act 2000 - Oxford University Press (co-author with Philip Engelman).

Commercial Judicial Review – Sweet & Maxwell (contributing author).
Bullen & Leake & Jacob’s Precedents of Pleadings – Sweet & Maxwell (author of “Civil Actions Against the Police” in the 14th (supplement), 15th Edition and Supplement and the recently published 16th edition.
Paul is a regular contributor to various health and social care journals and Consulting editor for LS Law (Regulatory). www.lslawonline.com

Paul is a member of

- ALBA

- PIBA