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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.
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