Solicitors, Surveyors & Medical Professionals – Reported & Notable Cases

Solicitors, Legal Executives, costs draftsmen

Re an SRA investigation (2025)

Solicitor falsely accused of criminal conduct.  SRA investigation.  Marc Beaumont ensured it was closed down within a week.

SRA v XY (2025) Solicitors Disciplinary Tribunal 

(sexual harassment; male solicitor made sexualised remarks to female solicitor;  agreed outcome;  complex issues of anonymisation due to agreed risk of self-harm in the event of publication; agreed outcome of 2 years’  suspension and costs approved); 

SRA v K Investigation (2024-2025)

(Experienced solicitor, a family law specialist, accused of wrongful approach to and instruction of an expert witness in family proceedings; Marc Beaumont made written representations; allegations dismissed)

SRA v XY, a solicitor (June 2024)

(SRA and internal investigation; trainee solicitor at top City law firm;  misbehaviour at firm’s party, including alleged indecent assaults; allegations dismissed.)

SRA v MN, a solicitor (2023) November

(SRA investigation; senior City solicitor; social media use; allegations of inappropriate communications with opposite sex;  Marc Beaumont’s written representations; allegations dismissed). 

Re a solicitor (2023) Sept

(Successfully representing the senior partner in a City of London law firm in an internal partnership dispute).

SRA v A (2023) May 

(Marc Beaumont secured acquittal at SDT; Section 43 of the Solicitors Act 1974; SRA sought an order that A, a trainee solicitor, must seek SRA approval for any future employment;  allegation that A failed to tell his supervisor that he had failed an exam on the LPC, when asked; allegation of dishonesty;  defence that he was not asked that question; 3 partners asserted the contrary against A; 3-year investigation; 3 day trial at SDT; A acquitted.  The 3 partners, who were witnesses for the SRA, sought disclosure of A’s formal Answer and his witness statement in advance of giving their evidence and applied to be represented by counsel at the trial;  Both applications were dismissed by the SDT).

Solicitors Regulation Authority v S, a solicitor (2019) November

(Successfully defending a solicitor partner in a trial at the SDT of charges of indecent assaults on a member of staff)

Solicitors Regulation Authority v H, a solicitor (2019) October

(SRA Investigation of solicitor; allegation of fabrication of documents; fabrication by client without solicitor realising this; SRA decision to refer to SDT rescinded after powerful written submission by Marc Beaumont)

Solicitors Regulation Authority v S, a solicitor (2019) September

(anonymity of complainant in SDT disciplinary proceedings; whether violates principle of open justice)

Solicitors Regulation Authority v R, a solicitor (2019) July

(Investigation of solicitor for alleged refusal to return funds paid mistakenly to his firm; claimed set-off for costs due to clients; Marc Beaumont handled the SRA investigation, which was terminated).

SRA v H and E (2018) May

(SRA investigation of 2 senior solicitors; allegations of tampering with expert’s report in litigation; Marc Beaumont made written submissions on their behalf; allegations not pursued to SDT by SRA)

CILEX v P (2015) December

(allegations against CILEX member; withdrawal of prosecution secured)

SRA v S (2015) May

(allegation of conflict of interest against solicitor; Marc Beaumont’s representations to SRA; investigation stopped). 

SRA v Charles Henry (a Charity) & Gregory Laing J, 29.1.15

(Application for disclosure against 3rd party under s. 44BB of Solicitors Act 1974).

SRA v S and others [2014] SDT, February.

(represented leading North London firm at SDT; Solicitors Accounts Rules issues).

SRA v K  [2013] SDT, Dec

(Partner liable for breaches of Solicitors Accounts Rules on basis of strict liability; plea bargain; small fine)

Mireskandari v Solicitors Disciplinary Tribunal & Solicitors Regulation Authority [2012] Administrative Court, 18th May

(SDT has power to grant relief from sanctions)

F-H v Solicitors Regulation Authority [2012] Administrative Court, 16th May.

(Alleged breaches of Solicitors Accounts Rules; Solicitor a junior partner with no access to the firm’s Accounts; breaches committed by senior partner; SRA adjudicator held junior partner in breach of SARs due to strict liability; whether rule 6 of the SARs imports a presumption of mens rea; meaning of must “ensure” compliance).

Solicitors Regulation Authority v Morgan [2012] April, SDT

(Solicitor’s role in unregulated insurance business).

Solicitors Regulation Authority v S [2012] May, SDT

(Solicitor’s role as conveyancer in land banking transactions)

Kaur v ILEX [2011] EWCA Civ 1168 (Ground-breaking decision of the Court of Appeal on the law of apparent bias and automatic disqualification in disciplinary proceedings; Vice President of ILEX unlawfully sat on disciplinary tribunal; Marc Beaumont, (on Public Access), defeated ILEX, (represented by Leading Counsel), securing the reversal of the decision of 4 previous senior Judges).

Association of Law Costs Draftsmen v K [2011] September

(Successful appeal against findings reached in breach of the rules of natural justice; successful challenge to appeal panel constitution, as Chairmen of first instance decision-maker automatically disqualified).

Wilde v Wilsons Solicitors [2011] April, Manchester County Court

(Costs; Solicitors Act 1974, statute bills, enforceability of invoices, solicitor’s lien over client funds);

Kaur v Institute of Legal Executives [2010] LTL 25th November, Administrative Court.

(Judicial Review of ILEX appeal tribunal; Vice President of ILEX sitting on appeal panel before which ILEX resisted the appeal; VP a Director of ILEX, a company limited by guarantee; VP owing fiduciary duties to ILEX; whether judge in her own cause; whether apparent bias; whether ILEX subject to judicial review jurisdiction).

Solicitors Regulation Authority  v E and C [2010] Solicitors Disciplinary Tribunal.

(Managing Clerk raided client account of £ 200,000, partners strictly liable in conduct, breaches of Solicitors Accounts Rules, plea bargain, financial penalty).

Virdi v The Law Society/Solicitors Regulation Authority, The Solicitors Disciplinary Tribunal intervening [2010] 3 All ER 653, CA

(Appeal by solicitor, Tribunal Clerk retiring with panel members and drafting their detailed findings, whether lawful ? Tribunal Clerk employed and paid by Law Society, the Prosecutor – whether apparent bias ?).

Solicitors Regulation Authority v A solicitor [2009], Solicitors Disciplinary Tribunal

(Successful vitiation of subjective test of dishonesty in Twinsectra by fear of threat against solicitor).

Virdi v The Law Society, The Solicitors Disciplinary Tribunal intervening [2009] Lawtel 1st May, Divisional Court.

(Appeal by solicitor from SDT, Tribunal Clerk retiring with panel members and drafting their detailed findings, whether lawful ? Tribunal Clerk employed and paid by Law Society, the Prosecutor – whether apparent bias ? Delay of 12 months in SDT delivering detailed findings, held to be an inordinate and inexcusable violation of Article 6 of the ECHR).

Okoronkwo v The Law Society [2008] EWCA Civ 1572 (Bailii) 9th December, Court of Appeal

(Scope of Section 43 of the Solicitors Act 1974; effect of Advocate’s disavowal of dishonesty allegation; standard of proof)

Solicitors Regulation Authority v R [2008] October

(Defended a solicitor accused of dishonesty; negotiated plea bargain whereby dishonesty allegations withdrawn)

Solicitors Regulation Authority v S [2008] June, SDT

(Disciplinary proceedings; solicitor; abuse of process; breach of natural justice; contention that Law Society’s scheme of investigation and adjudication unlawful without a procedural code)

Solicitors Regulation Authority v Okoronkwo [2008] Lawtel, 16th June, Divisional Court

(SDT findings under s. 43 of the Solicitors Act 1974 against a Barrister who set up and capitalised a firm of solicitors; whether he was “employed or remunerated” by the firm; SDT purported to convict Barrister; appeal to Divisional Court; SDT Order quashed)

Solicitors Regulation Authority v. Virdi [2007] October

(One of the longest cases in the Solicitors Disciplinary Tribunal, Defence of Senior Partner of firm accused of fraud, dishonesty and money laundering, acquittal on dishonesty charges, striking-off avoided)

Doctors, Opticians, Dentists, Nurses, Paramedics

Suleman v General Optical Council [2023] EWHC 2110 (Admin)

(Statutory appeal to High Court; Student Optician; tried in her absence; allegations that worked at Specsavers whilst unregistered; convicted and erased; Marc Beaumont discovered that one of the panel members had been a director of a Specsavers practice for 25 years and that at the time of trial he was still taking locum work from Specsavers on a significant scale; Marc Beaumont’s argument that decision tainted by apparent bias succeeded and matter remitted for re-trial)

Dr X v The Sunday People / Daily Mirror (2019) May

(Successfully negotiating on the basis of Art 17 GDPR (‘the right to be forgotten’) the removal of a damaging and stale article about a surgeon concerning past disciplinary proceedings)

Winehouse v GMC (2016) Nov

(Colorectal Surgeon acquitted at trial. GMC failed to remove undertakings given by W.  Marc Beaumont’s representations to GMC led to their removal). 

Harrold v Nursing and Midwifery Council  (2016) Nov (Jay J)

(Full appeal. Letter sent by nurse to a patient complaining about staff issues.  Nurse struck off in her absence.  Trial in absence held not to be unfair. Strike off  held not to be plainly wrong.  Sending letter with no effect on anyone held to be, “professional misconduct”.)

Harrold v Nursing and Midwifery Council (2016) Sept (Jay J.)

(NMC application to strike out 2009 appeal as abandoned after 7 years and as an abuse of process; application refused; Marc Beaumont’s amendment allowed).

Jenyo v General Medical Council (2016) July, Administrative Court, Manchester

(appeal; retrospective amendment of patient records by GP; whether the fact that the amendments left an electronic audit trail was evidence of a lack of subjective dishonesty)

East London NHS Foundation Trust v A  (2016) April

(Disciplinary investigation; nurse on unpaid leave worked for another NHS Trust; Marc Beaumont submitted that the Trust’s restraint on such employment was unlawful under ECHR Art 8; investigation terminated).

GMC v W (2015) May

(judicial review of GMC application to Interim Orders Panel; GMC non-disclosure of case notes; whether case examiners referred matter to IOP at all. )

GMC v Winehouse (2015) 14th April, Manchester. 

(Successfully arguing that the GMC had no jurisdiction to review undertakings offered by a surgeon, due to the effect of s.35D of the Medical Act 1983 and Rule 37A(3)(b) of the General Medical Council (Fitness to Practise) Rules, 2004). 

Health & Care Professions Council v AG  12.11.14

(secured complete acquittal of paramedic at HCPC; allegation of failing to carry out a proper assessment of a drunk patient with a fractured skull dismissed on submission of no case to answer; allegations about failing to complete ambulance service forms dismissed). 

Nursing and Midwifery Council v Katherine Mullen  25.9.14

(secured acquittal at a Nursing & Midwifery Council re-trial, of a senior nurse accused of neglect of a dying patient, after a 3-year battle to clear her name).

Nursing and Midwifery Council v M [2014] 13th January.

(nursing home; allegations of neglect against senior nurse; case part-heard after 2 days with evidence yet to be given; tribunal issued a letter purporting to make a final determination of issue of misconduct and fitness to practise; application by Marc Beaumont to recuse entire panel on grounds of predetermination and apparent bias; application granted).

General Medical Council v V [2010] October, CA.

(Gastroenterologist, erasure from medical register, appeal against sanction, freedom of speech, proportionality, restraint of trade).

General Medical Council v J [2009] September.

(Defended at trial of allegations against GP; witnesses in fear; GMC sought to rely on their written statements as the decisive evidence; application successfully opposed and charge dismissed).

K v General Dental Council [2009] Lawtel, 5th May, Divisional Court.

(Appeal by dentist against suspension by GDC; GDC appoints those who appoint PCC panel members; GDC also prosecutes dentists before PCC; whether system of appointments of PCC panel members by GDC indirectly, engages the doctrine of apparent bias; whether GDC a judge in its own cause; chairman of PCC panel a recent elected member of GDC; whether chairman automatically disqualified; application of Pinochet doctrine).

Immigration regulation

L v OISC (2017) August,  First Tier Tribunal

(Appeal against suspension of licence; successful application for stay)

Office of the Immigration Services Commissioner v LL (2015) March

(OISC investigation; written representations by Marc Beaumont. Complaints dismissed)

J v Office of the Immigration Services Commissioner [2012] 30th May, Court of Appeal (Neuberger MR, Toulson LJ)

(News of the World entrapment of immigration adviser; commercial lawlessness; whether prosecuting regulator’s reliance on and adoption of entrapment by a reporter was in law a ratification of anterior criminal activity and so an abuse of process)

Office of the Immigration Services Commissioner v J [2011] Upper Tribunal, Regulatory Chamber.

(Allegation of breach of OISC Code of Standards, “sting” carried out by The News of the World newspaper – the “Fake Sheik” – clandestine filming, entrapment and enticement, whether proceedings an abuse of the process).

Office of the Immigration Services Commissioner v J [2010] First Tier Tribunal, Regulatory Chamber.

(Allegation of breach of OISC Code of Standards, “sting” carried out by The News of the World newspaper (the “Fake Sheik”), clandestine filming, entrapment and enticement, whether proceedings an abuse of the process).

Chartered Surveyors

RICS v BS (2025) Oct – Appeal

(Appeal by RICS alleging “undue lenience”;  Marc Beaumont’s successfully submitted that the fine of £25,000 was hardly lenient and in any event, the decision of the DT fell within a range of reasonable outcomes; the DT agreed and dismissed the appeal).

RICS v BS (2025) June – Trial

(plagiarism; surveyor took cladding course, but used the assessment of a former colleague;  Volunteered a fine of £25,000 to avoid expulsion;  tribunal accepted that approach, but also imposed conditions on practice)

RICS v XY (2025) March

(Investigation by RICS;  female surveyor taken ill during inspection; vexatious and vindictive allegation about state of client’s bathroom;  Marc Beaumont made written representations, including about Article 8 right to respect for private life;  investigation closed)

C v RICS (2022) November

(Appeal; application for re-instatement; RICS did not object to reinstatement, but panel below held there should not be re-instatement;  appeal drafted by Marc Beaumont; failure by panel to take RICS’ non-objection into account;  also drafted submissions about scope of appeal jurisdiction and as to a systemic defect in RICS’ panel appointments containing short notice termination clauses undermining security of tenure;  one panel member below not appointed at all when sat; appeal succeeded)

Faculty of Party Wall Surveyors v P (2022) December

(Charges against experienced party wall surveyor;  issue of independence of panel;  lack of prosecuting agency and predominance of panel combining adjudicatory and prosecutorial functions; trial; Marc Beaumont’s successful submissions;  no sanction; no publication).

Regina (ET, MS and TCSL) v RICS  (2022)

(Judicial Review; panel refusal to recuse itself on the basis of lack of independence and ECHR Art 6 non-compliance; one month notice clause for panel members causing security of tenure issue; appointment letters containing inappropriate terms such as a duty to promote the business of RICS; issue of time expiry of tenure of panel members; whether tenure properly extended; overall disciplinary case settled.)

RICS v ET,  MS and TCSL (2021/22) RICS Disciplinary Tribunal

(Disciplinary prosecution;  multiple charges;  very serious matter;  trial for 10 days, then Marc Beaumont negotiated settlement without expulsion and only one finding of lack of integrity)

RICS v L (2020) Nov

(Senior RICS member; domestic dispute; altercation with wife; pushing; report to Police; CPS summary prosecution; guilty plea; CSO; RICS prosecution based on that conviction; whether a “liability to disciplinary action”; whether disciplinary sanction should reflect prior punishment).  

RICS v TCSL (2020) June

(Interim suspension application pending trial successfully resisted by Marc Beaumont) 

RICS v B (2020) Mar

(Investigation of B.  Marc Beaumont’s representations in correspondence.  Investigation dropped)

RICS v Countrywide Residential Lettings Limited (2020) Feb

(Attempt by RICS to re-open settlement of case with Countrywide (see below) by way of review appeal by Honorary Secretary of RICS.  Written submissions by Marc Beaumont as to res judicata and cause of action estoppel and RICS discontinued)

RICS v D (2019) December

(Allegation that insurance commissions received by property managers should all be repaid going back several years; this would have decimated the client’s business; successful representations made to RICS; referral to Tribunal reviewed and revoked; 

RICS V B (2019) December

(Successfully fending off RICS investigation arising from judicial criticism of a surveyor in a rating appeal before the Upper Tribunal for acting on a contingency fee basis, with some alleged expert as well as advocacy and case manager functions) 

RICS v Countrywide Residential Lettings Ltd (2019) October

(Representing Countrywide Residential Lettings Limited in a plea-bargained regulatory settlement concerning £10 million of unclaimed client funds paid into office account).

RICS v RH (2019) July

(allegation of dishonest misrepresentation in correspondence with ex-client; acquittal)

RICS v XY (2019) Feb

(Interim measures; practice conditions pending criminal trial of grave allegations; Marc Beaumont avoided interim suspension)

RICS v Wells (2018) RICS, Birmingham 

(jurisdiction of RICS disciplinary tribunal to accept an agreement between RICS and a Respondent as to basis of plea and as to sanction; jurisdiction finally accepted) 

RICS x XY (2018)

(RICS investigation of surveyor about alleged secret commissions; Marc Beaumont’s submissions brought this to a successful close)

RICS v NR (2018) June 

(allegations of breaches of the red book guidance; Marc Beaumont drafted the submissions for RPC to send; investigation dropped)

RICS v KP (2018) April 

(Investigation by RICS Regulation of conduct of a surveyor appointed under the Party Wall Act 1996; Marc Beaumont made written submissions; investigation stopped without referral to tribunal).

RICS v Stephens (2018) March

(Disciplinary trial; whether regulator can discipline surveyor for a private letter; ECHR Article 8; Carecraft negotiation and agreement) 

Reg (Stephens) v RICS Conduct & Appeals Committee (2018) March

(Judicial review; whether anonymisation of names of complainants a breach of the principle of open justice; whether complainant waives Article 8 rights by complaining to regulator) 

RICS v M (2017) Dec

(RICS Investigation into entity in fact not regulated by RICS; investigation terminated after written submissions by Marc Beaumont)

RICS v Martin Rushton (2017) October; Court of Appeal. 

(Online protest by surveyor wrongly convicted and struck off; surveyor won his appeal and was reinstated; online postings and correspondence claimed to be actionable harassment of RICS under Protection from Harassment Act 1997; whether ECHR Article 10 right to freedom of expression; whether need to prove “alarm and distress” from alleged harassment; whether RICS seeking an injunction had “clean hands”). 

RICS  v S (2017) August 

(Surveyor borrowed substantial funds from a close friend, which were in client account; plea bargain negotiated by Marc Beaumont; loan allegation dropped for plea to minor matters; reprimand) 

RICS v PE (2017) July 

(Investigation by RICS; written submissions from Marc Beaumont; investigation stopped)

RICS v Lewis & Tucker (2017) June 

(Accounts rules issues with leading West End property management firm, including historic shortfall on client account; mitigation by Marc Beaumont leading to minimal sanction of reprimand)

RICS v B (2017) June

(CPD not completed; conviction and expulsion invalid as panel inquorate; re-trial without quashing of conviction; second expulsion; appeal; whether surveyor had remained a member of RICS when it purported to expel him for a second time without any intervening appeal; sentence of expulsion set aside and replaced with a condition to observe CPD obligations in future) 

RICS v W (2017) May

(CPD not completed; senior surveyor expelled; panel not quorate; re-trial secured; one charge dropped at re-trial; plea to the other one and mitigation resulting in a conditional order only)

RICS v R (2017) April (RICS Coventry)

(CPD infringement; internal sanction  imposed of a caution and fine; RICS then charged the same offence at the tribunal; defence of cause of action estoppel and double-jeopardy based on Reg (Mandic-Bozic) v British Association for Counselling and Psychotherapy [2016] EWHC (Admin) 3134; defence rejected). 

XYZ Ltd (2017) April 

(Marc Beaumont won XYZ’s 2016 case; months of litigation about defence costs; confidential settlement at Mediation) 

RICS  v Martin Rushton (2017) March High Court, QBD.

(Online protest by surveyor wrongly convicted and struck off; surveyor won his appeal and was reinstated; online postings and correspondence claimed to be actionable harassment of RICS under Protection from Harassment Act 1997; whether ECHR Article 10 right to freedom of expression; whether need to prove “alarm and distress” from alleged harassment; whether RICS seeking an injunction had “clean hands”). 

RICS v B (2017) March

(CPD violation; expulsion set aside; re-trial; client did hundreds of hours of CPD but omitted to register those hours; caution order; other charge sought to prosecute for matters already subject to internal sanction; double jeopardy rule violated; charge withdrawn).

RICS v A (2017) March

(CPD violation; expulsion set aside; re-trial: suspended expulsion on condition of CPD being done for 2017).

RICS v Trainmerit Ltd and Maltby (2016) Dec

(Conviction of property manager under fire safety regulations; heavy fine in Magistrates’ Court; ensuing RICS prosecution; sanction of reprimand rather than fine or worse). 

Z v RICS (2016) Dec

(Surveyor’s successful appeal against striking off for CPD infringements.  RICS 2-person panel was unlawful as the panel has to sit with 3 members.  RICS has disciplined some 317 surveyors using a 2 person panel and struck off c. 200 surveyors in May 2016 in this way.  All cases now have to be re-opened due to  Marc Beaumont’s successful submission)  

 Y v RICS (2016) Dec

(Surveyor’s successful appeal against striking off for CPD infringements.  RICS 2-person panel was unlawful as the panel has to sit with 3 members.  RICS has disciplined some 317 surveyors using a 2 person panel and struck off c. 200 surveyors in May 2016 in this way.  All cases now have to be re-opened due to  Marc Beaumont’s successful submission)

X v RICS (2016) Oct

(Surveyor’s successful appeal against striking off for CPD infringements.  RICS 2-person panel was unlawful as the panel has to sit with 3 members.  RICS has disciplined some 317 surveyors using a 2 person panel and struck off c. 200 surveyors in May 2016 in this way.  All cases now have to be re-opened due to  Marc Beaumont’s successful submission)  

H v RICS (2016) Summer

(Representing the quasi-judicial Chairman of Conduct and Appeals at RICS in a potential judicial review against RICS, who removed him when he refused to sign new terms of appointment providing for his removal on one month’s notice, a clause which would have defeated his ECHR Article 6 security of tenure).

RICS v Maltbys (2016) June

(RICS panel members’ security of tenure within the meaning of ECHR Article 6; whether RICS should make disclosure of panel members’ terms of appointment given attempt by RICS to impose a one month termination clause on the Chair of Complaints and Appeals)

RICS v N  (2016) April

(re-trial at which RICS’ main witnesses failed to appear to be cross-examined; successful application by Marc Beaumont that unless they appear on the next occasion, their evidence shall be inadmissible; charges then withdrawn by RICS). 

RICS v Trust Property Management (2016) February

(10 allegations of improper charging of management fees and negligence dismissed on Marc Beaumont’s submission of no case to answer; balance of charges discontinued;)

RICS v S (2015) December

(successful defence of very senior practitioner; negotiated favourable regulatory settlement)

RICS v Nash (2015) August; RICS appeal panel

(successful RICS appeal against finding of improper entry into referral fee arrangement; strike off set aside).

RICS v Mire (2015) June

(allegations of conflict of interest and improper self-promotion; Charges dismissed on submission by Marc Beaumont of no case to answer)

Mire v RICS [2015] Admin Court, Ouseley J; Feb 2015

(Judicial review; whether a disciplinary or regulatory decision to prosecute engages Article 8(1) of the ECHR where the accused has been prosecuted by a previous regulator).

Accountants

ICAEW v F (2025) Dec, Trial

(Partnership dispute leading to litigation and correspondence in which accountant used profane language.  Causation the subject of analysis of a medical condition.  Charges alleging low-level insults, dismissed).  

ICAEW v X (2024) Investigation

(allegations of making a Nazi salute at a public meeting during the speech of Lord Jeffrey Archer; allegations of sexual harassment in emails; all denied; Marc Beaumont drafted submissions; investigation closed)

Judges

Re judge of the First Tier Tribunal (2018)

(Allegations concerning judge sending salacious but humorous text messages; Marc Beaumont kept up pertinent and strong submissions during the disciplinary investigation with a positive outcome) 

Teachers

Lone v Secretary of State for Education  [2019] EWHC 531 (Admin)

(whether lawful for head of prosecuting authority to decide appropriate sanction)

Teaching Regulation Agency v M. Lone Nov 2018, Coventry. 

(Allegations that ML importuned a female teacher; ML’s case was that they had had an affair and he reacted badly, but entirely out of character, when it was terminated by  the woman: Tribunal ignored this defence and imposed a life time ban despite there being no violence, no dishonesty, no sexual misconduct and no evidence of any serious effect on pupils; appeal pending in the High Court). 

Trade Union members

Alec McFadden v UNITE the Union [2021] EWCA Civ 199

(Union discipline of union officer; high profile union member and TUC delegate; allegation of indecent assault; first set of proceedings ended in acquittal on appeal to Certification Officer; whether such acquittal raised a cause of action estoppel so as to bar a second set of disciplinary proceedings on the same facts,  but based on other provisions of the Union’s rules that could and should have been relied on in first proceedings; decision of EAT overruled). 

Alec McFadden v UNITE the Union  UKEAT/0147/19  (2019) December (Lavender J).

(Union discipline of union officer; high profile union member and TUC delegate; allegation of indecent assault; first set of proceedings ended in acquittal on appeal to Certification Officer; whether such acquittal raised a cause of action estoppel so as to bar a second set of disciplinary proceedings on the same facts, but based on other provisions of the Union’s rules that could and should have been relied on in first proceedings; held:, acceding to Marc Beaumont’s submissions in the EAT that the Union was estopped from proceeding and the second proceedings were unlawful). 

McFadden v UNITE the Union [2019] April, Certification Officer

(Complaint to Certification Officer by M about disciplinary proceedings of trade union brought against leading member of the union movement; M acquitted in first prosecution; whether doctrine of cause of action estoppel and principle in Henderson v Henderson applied to bar a second set of union disciplinary proceedings based on the same facts).

The Cat Fancy

Pearman v Governing Council of the Cat Fancy (2017) March, Birmingham

(Cat show judge disciplined for 39 late show reports; successfully acted for GCCF in resisting his appeal) 

General Council of the Cat Fancy v XY  September 2014

(Successful defence of Cat Fancy member in relation to postings on Facebook).

The Governing Council of the Cat Fancy v H [2010] GCCF, London.

(Cat shows, private club, contractual incorporation of rules of natural justice, altercation at cat show with duty veterinary surgeon who disqualified champion Siamese cat for alleged respiratory illness, prosecution of client before disciplinary committee for alleged discreditable conduct, contested trial, client acquitted of charge).

Society of Trust and Estate Practitioners 

FF v Society of Trust and Estates Practitioners (“STEP”) (2017) October

(Appeal against findings on paper of failure to act with competence and integrity in signing off a Lasting Power of Attorney in the case of a person with questionable mental capacity; Mental Capacity Act 2005; appeal against “integrity” finding successful).  

PK v Society of Trust and Estates Practitioners (“STEP”) (2017) March

(Successfully overturning all findings on appeal to the STEP appeals committee; disciplinary panel acted ultra vires and misconstrued the facts; no “seriously reprehensible” conduct).