David Bennett - Regulatory & Disciplinary Law

David's principal speciality is the field of professional discipline. He regularly defends practitioners who are subject to fitness to practise proceedings, particularly before the General Medical Council, the General Dental Council, the Health Professions Council, the Nursing and Midwifery Council and the General Optical Council.

David also advises on matters relating to the Bar Standards Board and in relation to the merits of appealing decisions of the Council of the Inns of Court. David is also involved in drafting guidance for chambers on dealing with complaints against barristers, on behalf of the Bar Council’s Equality and Diversity Committee – Disability Subgroup.

David has also represented many of the headline healthcare regulators, including the General Dental Council, the Nursing and Midwifery Council, the General Chiropractic Council, the Royal Pharmaceutical Society of Great Britain and the General Social Care Council.

David has appeared in the High Court on a number of occasions in connection with the extension of Interim Orders and is regularly asked to advise on the merits of appeal, in cases where the practitioner has previously been unrepresented or has been represented by other counsel.

David has also represented the General Dental Council on appeal, following the regulators’ decision to refuse registration (before the Registration Appeals Committee).

David is also very experienced in dealing with health cases before various regulators, he has represented both regulator and practitioner on many occasions.

David provides detailed advice on issues arising throughout the life of a case, including:

  • investigations of misconduct and/or a lack of competence
  • charging decisions in regulatory proceedings
  • decision to refuse to undergo Performance Assessment
  • abuse of process
  • delay
  • evidence
  • submissions of no case to answer
  • delicate and complex issues relating to practitioner's health
  • expert evidence in regulatory proceedings
  • preparation for fitness to practise hearings
  • appeals in regulatory proceedings
  • costs in regulatory proceedings.

Recent Cases:

GMC v Dr Sibson (2010)

David represented a GP who was found not to be impaired, following a failure to attend on a patient or perform any adequate assessment, resulting in the patients’ subsequent death

 

NMC v Benson (2010)

David represented a Registered Nurse found not to be impaired, following allegations of inappropriate sexual behaviour.

 

HPC v Stewart (2011)

David represented an Arts Psychotherapist who was allowed to continue to practise with conditions, following an allegation that she had given inaccurate expert evidence.

 

GMC v Dr Trivedi (2011)

David represented a Registrar, who was allowed to continue to practise with conditions, following admitted allegations of criminal conduct and health issues.

 

GMC v Dr Adbullah (2011)

David represented a Surgical Registrar, who was found not to be impaired, following a catastrophic error involving the removal of the wrong organ during a surgical procedure.

 

HPC v Thornton (2011)

David represented an Operation Department Practitioner, who was found not to be impaired, following allegations of inappropriate sexual comments towards a patient.

 

NMC v Olufemi (2011)

David represented a Registered Nurse, who was allowed to continue to practise with conditions, following an 8 day hearing involving numerous allegations that she failed to provide basic or emergency care, resulting in the death of a child (many of which were found not to be proved).