header-logo header-logo

01 October 2009 / William Childs , Ian Sadler
Issue: 7387 / Categories: Features , Regulatory , Professional negligence , Employment
printer mail-detail

Representation matters

Ian Sadler & William Childs examine the right to legal representation at disciplinary proceedings

The decision in Kulkarni v Milton Keynes Hospital NHS Foundation Trust [2009] EWCA CIV 789, [2009] All ER (D) 248 (Jul) represented a significant development in the law relating to doctors and dentists facing disciplinary proceedings within the NHS. However, practitioners will also be interested in its application in cases involving all employees of public bodies or near monopoly employers faced with potentially career threatening disciplinary action.

Dr Kulkarni was a junior doctor facing potentially serious allegations of professional misconduct in the course of his medical practice while employed by the respondent NHS trust.

Through the Medical Protection Society, his medical defence organisation, he sought to bring a legal representative to the proposed disciplinary hearing. The trust refused his application, relying upon an express term of its contractual disciplinary procedure excluding the right to legal representation.

The disciplinary procedures

In 2005 new pan-NHS disciplinary procedures were introduced. Before this time, doctors and dentists enjoyed the express contractual

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll