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Robert Francis QC

CALLED TO THE BAR 1973

Queen's Counsel


Professional Discipline Profile

Background

 
1963 - 1968 Uppingham School
1968 - 1971 Exeter University LL.B
1973 Called to Bar
1992 Queen’s Counsel
1996 Assistant Recorder
1999 Consultant Editor Lloyd’s Law Reports: Medical
2000 Recorder
2000-2009 Joint Head of Chambers, 3 Serjeants’ Inn
2002 Bencher Inner Temple
2003 Chairman, Professional Negligence Bar Association

Email: rfrancis@3serjeantsinn.com

General Information

 


Directory Comments

 

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

 

 "...in great demand for his intellectual approach and client manner..." Legal 500 2008

 

"Robert Francis QC's “understated, easy style slips down nicely.” Francis garners praise for his “fine analytic mind” and his “circumspect but powerfully effective approach in the courtroom.” Chambers & Partners 2008

 

"The “smooth and unflappable” Robert Francis QC has an outstanding reputation in medical disciplinary cases. Clients and peers affirm that he has the “fair and impartial” touch needed when chairing disciplinary meetings. However, this “classy operator” also regularly represents doctors and dentists in the GMC and GDC and sits as legal assessor to the professional disciplinary committees of the General Optical Council (GOC) and the Chartered Society of Physiotherapists (CSP)." Chambers & Partners 2008

 

"Robert Francis QC... acted on the 2006 Broadmoor and Stone inquiries, demonstrating the ability to deal with controversial cases with sureness and aplomb.” Legal 500 2007



Nature of Practice

 
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.

Specialist Information

 


Reported and other cases of Interest

 

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



Clients

 


Publications

 


Lectures and Seminars

 

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

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

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

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

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



Related Professional Activities

 
Court of Appeal Mediation Panel [pilot scheme]  Member

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?”)



Other Information