Robert Francis QC is top-ranked in clinical negligence by the Legal 500 and Chambers & Partners. He is also recommended by Chambers & Partners for professional discipline.

Robert Francis QC benefits from tremendous experience of medical law. He is praised for his "gentle touch in the courtroom" and his "measured and dependable approach to complex cases." Chambers and Partners 2010

Robert Francis QC is 'one of the most high-profile names in the sector. "A silky-smooth and highly effective advocate," he “brings experience, savvy, and an ability to think round corners” to each case he handles.' Chambers and Partners 2010

Robert Francis QC is "outstanding in his grasp of the law" Legal 500 2009

Medical Ethics  He is instructed in cases involving difficult or controversial ethical dilemmas and problems in relation to treatment decisions for patients unable to make their own decisions, withdrawal or withholding of life prolonging care, socially controversial treatment such as sterilisation of mental patients, treatment of patients refusing consent to treatment etc. He has appeared in many of the leading cases in this field in the Court of Appeal and House of Lords.

Medical employment issues  He receives instructions for professional staff and for employers in internal disciplinary procedures, including those held under HC (90)9 and associated court proceedings and appeals. He has also acted as chairman of NHS internal disciplinary inquiries under HC (90)9.

Professional discipline and regulations  He appears on behalf of practitioners before the professional conduct committees regulatory bodies such as the General Medical Council, the General Dental Council and on appeals from them to the Judicial Committee of the Privy Council or the High Court. He has sat as a legal assessor to a professional disciplinary committees of the General Optical Council and the Chartered Society of Physiotherapists.

Public inquiries  He is currently acting as chairman of a high profile inquiry the care and treatment of a psychiatric patient convicted of homicide [Michael Stone]. He appeared at the Bristol Royal Infirmary Inquiry and the Royal Liverpool Children’s Inquiry and the Inquiry to investigate how the NHS handled allegations about the performance and conduct of Richard Neale.

Public law  He undertakes applications for judicial review in relation to all areas of his practice.

Criminal cases  He is instructed in criminal cases, particularly those involving medically or professionally related issues.

Mental Health Law  Has extensive experience in dealing with cases involving mental patients and their treatment both under the terms of the Mental Health Act and at common law, in judicial review proceedings, applications for declaratory relief, and inquiries. Has chaired the inquiry into the treatment of Michael Stone.

Medical Negligence  

Dowson v Sunderland Hospitals NHS Trust [2004] Lloyds Rep Med 177 (Causation of neonatal stroke)

D v East Berkshire Community NHS Trust CA  [2005] UKHL 23; [2003] 4 All ER 796; [2003] Lloyds Rep Med 552 (Duty of care in diagnosis of child abuse)

AD v East Kent NHS Trust QB   [2002] Lloyds Rep Med 424; CA [2003] 3 All ER 1167 (Unwanted birth to mentally ill mother)

Burke v Leeds Health Authority  [2001] EWCA CIV 51 (unreported 29/1/01) (causation)

Brown v Lewisham & North Southwark HA   [1999] Lloyds Rep Med 110 (CA) (causation)

Howard v Wessex RHA   (1994) 45 Med LR 57 (QB) (proof of negligence)

Gascoine v Haringey Health Authority   (1992) 3 Med LR 291 (want of prosecution)

King v Weston Howell   [1989] 1 WLR 579 (CA) (negligence and costs)

Roberts v Johnstone   [1989] 1 QB 878 (CA) (damages for costs of accommodation)

Medical treatment  

Re L  (a child) [2005] 1 FLR 491 (withholding life prolonging treatment from child against wishes of parent).

W Healthcare NHS Trust v KH, H, PH  [2004] EWCA Civ 1324 (withholding artificial nutrition from non-PVS patient)

R (Burke) v General Medical Council  [2004] EWHC 18 (Fam/Admin) (advance directives, life prolonging treatment)

Leeds Teaching Hospital v A & Others   Family Division 4/11/12 (IVF error)

A Health Care Worker v Associated Newspapers   [2002] EWCA Civ 195 (confidentiality of treatment information – freedom of press)

B v A NHS Trust   (Family Division, 22/3/02) (Refusal of consent to artificial ventilation)

In re A [Mental patient: sterilisation  [2000] 1 FCR 193

In Re MB (Caesarean Section)   (1997) 8 Med LR 217 (Non-consensual Caesarean Section)

In Re: T   (a minor) (Wardship: medical treatment) [1997] 1 WLR 242

In re S   (Hospital Patient: Court’s Jurisdiction) [1995] Fam 26 (CA) (custody of incapacitated patient)

B v Croydon Health Authority   [1995] Fam 26 (CA) (force feeding)

Airedale NHS Trust v Bland   [1993] AC 789 (HL) (persistent vegetative state)

Re J   (A minor)(Child in care: medical treatment) [1993] Fam 15 (CA) (withdrawal of treatment)

Re A  [1992] 3 Med LR 303 (Fam) (definition of ‘death’)

F v. Berkshire Health Authority & Another (Mental Health Act Commission intervening)  [1990] AC1 (HL) (sterilisation of mentally handicapped adult)

Crime  

R v Derby Magistrates Court ex parte B   [1996] AC 487 (HL) (legal professional privilege)

R v Woodward (Terence  [1995] 1 WLR 375 (CA) (intoxication in death by dangerous driving)

Regina v Ghosh   [1982] 1 QB 1053 (CACrimD) (definition of dishonesty)

Public law  

R (on application of S) v Airedale NHS Trust   Admin Court 22/8/02 (Seclusion of detained mental patient)

R v North Thames RHA & Others   Ex parte L (1996) 7 Med LR 386 (QBD) (medical employment when must discipline)

Roy v Kensington & Chelsea & Westminster FPC   [1992] 1 AC 624 (HL) (GP terms of service)

Disciplinary  

Cheatle v GMC [2009] EWHC 645 (Admin) (meaning of impairment of fitness to practise - effect of suspension on employment)

Zygmunt v GMC [2008] EWHC 2643 (Admin) (Appellate jurisdiction - meaning of impairment of fitness to pratise)

Hutchinson v GDC [2008] EWHC 2898 (Admin) (Application of standard of proof)

R (Dowd) v General Medical Council Admin   [2003] All ER(D) 310 (serious professional misconduct – meaning)

Pembrey v General Medical Council  PC [2003] All ER(D) 275 (serious professional misconduct – treatment of mentally incompetent patients)

R (Cream) v General Medical Council   (Administrative Court, 31/1/02) (serious professional misconduct – meaning)

R (Nicolaides) v General Medical Council   Admin [2001] EWHC Admin 625 (Whether evidence untrue – serious professional misconduct)

Borges v General Medical Council   (Privy Council Appeal No 71 of 2000) (unreported 31/8/01) (serious professional misconduct

Roylance v General Medical Council   [1999] Lloyd’s Rep Med 139 (serious professional misconduct: chief executive of Trust; alleged bias of Chairman)

Public inquiries  

Chairman of Mid-Staffordshire inquiry

Independent inquiry into the care and treatment of GB

Independent inquiry into the care and treatment of Peter Bryan and Richard Loudwell at Broadmoor (chairman)

Independent Inquiry into the Care and Treatment of Michael Stone [chairman]

Inquiry to investigate how the NHS handled allegations about the performance and conduct of Richard Neale
Bristol Royal Infirmary Inquiry
Royal Liverpool Children’s Inquiry

Legal  update 11th Clinical Negligence Conference, Professional Negligence Bar Association, Cambridge, September 2004

Human Rights and the Work of the Medical Profession,   PNBA seminar with Laura Cox QC, London May 2002

Life and Death – Whose Choice?   Lent Lecture, King’s College London, March 2002

The Report Handling Public Inquiries,   Winkworth Sherwood, Westminster, 11th September 2001

Access to Treatment,   13th Annual Clinical Negligence Conference, Association for the Victims of Medical Accidents, Brighton, July 2001

Disciplinary proceedings and Human Rights,   Clinical Negligence Seminar, Professional Negligence Bar Association, Queen’s College, Cambridge, September 2001

Right to a fair trial and patient complaints   The Human Rights Act and Healthcare, IBC conference, London 2001

Non-consensual medical treatment   IBC Conference, Nicosia, Cyprus 2000

Consent to medical treatment  Family Law Bar Association/National Council for Family Proceedings 11th November 1998

Life after Bland   UKCC February 1997

How to avoid being sued  Clinical Risk Management in Obstetrics and Gynaecology, Café Royal, London IBC Conference 2nd October 1997

Settlement or Trial   The 1997 Medical Negligence Conferences, CLT conference 1997

Establishing Quantum   Cerebral Palsy, IBC Conference, London 26th June 1997 and 17th October 1996

The Date of Knowledge under the Limitation Act   Professional Negligence Bar Association, Manchester 29th February 1996

Consenting Patients   Norfolk and Norwich Medico-Legal Conference, University of East Anglia, 12th September 1996

Nervous Shock   Eversheds Insurance Seminar, Norfolk 21st May 1995

The End of Life   Union International des Avocats, London, 5th September 1995 [Paper published and chaired discussion]

Terminating Medical Treatment  Hammersmith Postgraduate Medical School, 23rd September 1993

Does Doctor Know Best - What is the Scope for Non-consensual Treatment?,   Medico-Legal Society, Royal Society of Medicine 13th October 1994

Lloyds Law Reports: Medical  Consultant Editor

Professional Associations  Executive committee [1998-2001]
Vice Chairman [2001-]
Professional Negligence Bar Association

Member of:  The London Commercial and Common Law Bar Association;
Personal Injuries Bar Association
The Criminal Bar Association.

Bar Council  Prepared submissions on its behalf to Law Commission on medical ethical issues, and to the Department of Health on the General Medical Council
Member of Bar Council chambers arbitration scheme
Member, Summary Procedure Panel

Clinical Disputes Forum  2001: Member of regulatory appeals working group [submissions to Department of Health on reforms to appeals process in medical professional disciplinary cases]

Society of Advanced Legal Studies  2001: Member of Working Group on End of Life Issue, Chair Peter Harris (Submissions to LCD on welfare choices in connection with “Who Decides?”)