header-logo header-logo

Representation matters

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

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll