Simon Gurney successful in avoiding erasure for Doctor who admitted serious dishonesty

Dr C, a junior doctor, was referred by the GMC to a Medical Practitioners Tribunal after an investigation lasting over 2 years. He was referred to the Tribunal because of dishonesty in relation to his employment and the taking of leave. Not only was he dishonest in obtaining his leave, he also lied in seeking to cover up his original deception and, perhaps most seriously, in his Rule 7 Response to the GMC, which he submitted without the benefit of legal advice.

Soon after his referral to the Tribunal, Dr C sought advice from Simon Gurney on a direct access basis. Simon advised Dr C, assisted him in the preparation of his case and represented him at his Tribunal hearing in Manchester.

Soon after receiving advice from Simon, Dr C admitted the full extent of his dishonesty, including the dishonesty in his Rule 7 Response. That change of approach led to Dr C making full admissions to the facts alleged before the Tribunal and to admitting that his fitness to practise was impaired.

Ultimately, Simon was able to persuade the Tribunal that the reflections, insight and remorse shown by Dr C meant that it was not necessary to erase him, in spite of his serious dishonesty.

The Tribunal concluded his case with a 2 month suspension, without any review hearing being required.

Following the conclusion of his case, Dr C said:

“…his knowledge of the regulatory system of the GMC was clearly excellent…” 

“…he displayed great client care by responding promptly to my e-mails seeking advice, which was reassuring at what was a worrying and difficult time…” 

“Mr. Gurney was an extremely well prepared advocate ensuring that all relevant points were drawn to the Panel’s attention”

“I would highly recommend Mr. Gurney to fellow Practitioners who find themselves in the unfortunate position I have”

Dr C was supported throughout the hearing by a friend who was also a Partner in a firm of Solicitors. She said:

“…I found Simon to be an excellent Barrister, clearly extremely knowledgeable, a calming presence, and tenacious advocate. He was always approachable, and his advice direct and easily digestible. I had the utmost confidence in his representation, as did my friend, and, given the opportunity, I would not hesitate in instructing him in any of his practice areas.”

Simon is a barrister who specialises in the law concerning professional discipline and regulation.

He has experience representing police officers, doctors, nurses, pharmacists, social workers and other professionals before their regulatory tribunals and the higher courts. He is an experienced ‘direct access’ barrister, meaning he can accept instructions from a client without the need for a solicitor. He is also able, where necessary, to recommend experienced solicitors for clients who require assistance with litigation.

If you find yourself in need of advice or representation concerning such matters, please contact David Wright in Chambers on 0161 832 5701 or who will be able to discuss your needs and instruct Simon accordingly.