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Robert Francis QC

CALLED TO THE BAR 1973

Queen's Counsel 1992


Public & Administrative 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 and Legal 500 for professional discipline.

 

'Robert Francis QC,  "a silk who gets to the heart of issues quickly and heads a legal team really well.".... Chambers and Partners 2011

 

Robert Francis QC is a key name in the field, noted for his work on high-profile matters. Consistently impressive, he is "very polished and presents cases well.".... Chambers and Partners 2011

 

"...'amazingly modest', 'utterly first rate', 'great experience', 'top quality in his field'..." Legal 500 2010

 

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

 

The practice of Francis includes a significant element of public law.  This includes participation and the conduct of important public inquiries, human rights cases, regulatory and disciplinary appeals, the legal framework governing the provision of NHS services, and legal challenges in the mental health field. This experience can be applied across a wide range of public law cases. 

 

His work in this area has included:


Public inquiries
Independent Inquiry into the Mid-Staffordshire Foundation NHS Trust (chairman)
Independent Inquiry into the Care and Treatment of GB (chairman)
Independent Inquiry into the care and treatment of Peter Bryan and Richard Loudwell at Broadmoor Hospital (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 [counsel for interested party]

Royal Liverpool Children’s Inquiry [counsel for interested party]

Bristol Royal Infirmary Inquiry [counsel for interested party]

 

Human Rights
Cases have included
Rabone v Pennine Care NHS Trust [2009]: Simon J (Article 2: suicide of voluntary mental patient) [appeal pending]
Leeds Teaching Hospital  NHS Trust v A & Others QB [2003] Lloyds Rep Med 151; [2003] FLR 109 (IVF error)


Human rights law is an essential ingredient of much of his practice in medical law.


Regulatory and disciplinary appeals/reviews
He has sat as a legal adviser to the licensing committee of the Human Fertilisation and Embryology Authority, and as a legal adviser/assessor to professional disciplinary committees.


Advisory work has included the scope of duties of confidentiality owed by a member of statutory authority


Cases have included

Cheatle v General Medical Council [2009] EWHC 645 (Admin) (meaning of impairment of fitness to practice – effect of suspension on employment)


Zygmunt v General Medical Council [2008] EWHC 2643 (Admin) (Appellate jurisdiction – meaning of impairmentof fitness to practice)


Hutchinson v General Dental Council  [2008] EWHC 2896 (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 [2003] All ER(D) 275 (PC) (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 [rofessional 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)


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


Provision of services and treatment
Advisory work has included the legal framework for organ donation, and the relevance of resources to entitlement to treatment.


Cases have included
R (Burke) v General Medical Council  [2004] Lloyds Rep Med 451 (Fam/Admin) (advance directives, life prolonging treatment)

 

Mental Health
Rabone [see above]
(Munjaz) v Mersey Care NHS CA [2003] 3 WLR 1505; [2003] Lloyds Rep Med 534 (Seclusion of mental patients)
S v Airedale NHS Trust [2003] Lloyds Rep Med 21 (Seclusion of detained mental patient)

 

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


Cases have also included advocacy and advisory work in relation to NHS performers list issues.

 

 

 



Specialist Information

 


Reported and other cases of Interest

 


Clients

 


Publications

 


Lectures and Seminars

 


Related Professional Activities

 


Other Information