Public and Administrative Law - Judicial Review

Giles has extensive experience of judicial review and public law challenges to the decisions of regulators, NHS bodies, training authorities, police and fire services and other public bodies, acting both for the bodies concerned and for those challenging them. The work sits alongside his employment and professional discipline practice: many of the decisions under challenge are made by regulators, training bodies or employers, and the remedies sought are often the same as in a High Court injunction claim.

He has singular, if not unique, expertise and experience of doctors' and dentists' speciality training, appearing at or advising on ARCP outcomes and ARCP Appeals; advising on challenges to training decisions and CCT and CESR decisions; and advising in respect of University FtP proceedings.

He has particular experience of:

  • decisions of professional regulators, including the GMC's case examiners and investigators, the UKCP and university fitness-to-practise bodies
  • speciality training decisions of NHS England (formerly Health Education England), ARCP outcomes and removal from training programmes
  • internal NHS disciplinary panels and the application of Article 6 ECHR to them
  • police and fire service pension decisions, including medical boards of referees, causation and injury awards
  • Isle of Man public law, including doleance petitions to the High Court of Justice of the Isle of Man

Selected cases

  • Dr A v NHS England 2025 -2026, ongoing. Judicial Review and related Employment Tribunal claims of disability discrimination, for trainee ST7 doctor, in respect of decisions of ARCP and ACRP Appeal Panel.  Acting for the doctor.
  • Dr P v NHS England 2026.  Threatened claim of Judicial Review by trainee doctor in respect of refusal to recomend for CCT.  Acting for the doctor.   
  • Manx Care v Information Commissioner (Isle of Man), 2025. Drafting an appeal to the Data Protection Tribunal and the doleance petition to the Isle of Man High Court against an enforcement notice under the Applied GDPR, conducted by Manx advocates. Instructed by Manx Care.
  • Dr K v General Medical Council, 2023. Judicial review of a case examiners' decision. Acting for the doctor.
  • Dr C v General Medical Council, 2022. Judicial review of a decision to investigate a historic matter; resolved with the GMC withdrawing part of its case. Acting for the doctor.
  • R v UK Council for Psychotherapy, 2021. Judicial review of a decision to investigate fitness to practise; permission refused and costs awarded to the UKCP. Acting for the UKCP.
  • M v University Health Board (Wales), 2019. Judicial review by a Health Board of a decision of its own disciplinary panel; permission refused. Acting for the Health Board.
  • R (Sagar) v Health Education Yorkshire and the Humber [2014] EWHC 3696 (Admin). Judicial review of the termination of GP training; dismissed. Acting for Health Education England.

Reported cases

  • R (London Fire and Emergency Planning Authority) v Board of Medical Referees [2008] EWCA Civ 1515, [2009] ICR 697. Court of Appeal. Causation under the firefighters' pension scheme. Acting for the Authority.
  • R (Puri) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin), [2011] IRLR 582. Article 6 and NHS disciplinary panels.
  • R (Loizou) v Mid-Yorkshire Hospitals NHS Trust [2010] EWHC 2523 (Admin). Composition of MHPS panels; extension of time.
  • R (West Midlands Fire and Rescue Authority) v First Secretary of State [2008] EWHC 1458 (Admin). Reasons on a disciplinary appeal.
  • R (Rogers) v South East Suffolk Magistrates' Court [2004] EWHC 2401 (Admin). Licensing.
  • R v Barnet Magistrates' Court, ex parte Philippou [1997] BPIR 134. Compensation orders and individual voluntary arrangements.


 

 

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