GABRIEL BEEBY CALL: 2006 PRACTICE AREAS CLINICAL NEGLIGENCE. Chambers UK 2015
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1 GABRIEL BEEBY CALL: 2006 "He is a likeable advocate - calm, cool and very much in control." "He is very user-friendly and good with clients." Chambers UK gabriel.beeby@guildhallchambers.co.uk Tel: CURRENTLY ON SABBATICAL Gabriel is a specialist in medical, public and regulatory law. He also has expertise in the Court of Protection. His caseload mainly comprises clinical negligence, professional discipline/regulation, judicial review and inquests. Gabriel was selected for the Attorney General's panel of regional counsel in 2011, and as well as government departments and executive agencies he acts for claimants, defendants, registrants, Local Authorities, NHS Trusts & police officers. PRACTICE AREAS Clinical Negligence Professional Discipline Statutory Appeals & Judicial Review Court Of Protection Industrial Training Levies CLINICAL NEGLIGENCE Recognised in Chambers 2014 as 'very client friendly and technically gifted' and an 'enthusiastic up-and-comer', Gabriel acts for both claimants and defendants.
2 His clinical negligence experience includes group litigation, obstetric injury and severe brain injuries. For a sample of his litigation experience, click here. Gabriel is able promptly to identify the issues in a case and assess their merits, and he combines systematic preparation with a user-friendly manner. MENTAL HEALTH Helped by his understanding of psychiatric medicine and mental capacity Gabriel is also instructed in matters arising under the Mental Health Act He has recently acted for an inpatient in a local authority's application to displace their nearest relative. Y v Luton & Duns table [ ] - Acting for a young claimant who suffered a severe brain injury due to a missed aneurysm in the Circle of Willis. Significant quantum. H v Abe rtawe Bro Morgannwyg [ ] - Acted for the Defendant Trust to resist allegations of injury during cholecystectomy, with settlement at a fraction of the pleaded case. Z v Counte s s of Che s te r [ ] - Acting for a Claimant where there was a long delay in diagnosing acute lymphoblastic leukemia. The case demands experts in six disciplines (excluding quantum). B v Avon & Wilts hire Me ntal He alth Partne rs hip [ ] - Instructed by the Mental Health Trust. Successful resisting the Claimant's application to rely on the liability evidence of an Approved Social Worker. PROFESSIONAL DISCIPLINE Gabriel has acted in dozens of multi-day healthcare regulatory hearings. He both defends and prosecutes and has enjoyed success in the High Court following statutory appeals. He has particular experience of defending at the GMC and NMC, and prosecuting at the GDC. He is familiar with all stages of healthcare regulation, from registration to final determination, and with police disciplinaries and appeals tribunals. Gabriel's focused preparation equips him well - especially for long hearings and those involving several parties. As well as acting for individual registrations Gabriel has advised and represented the Royal College of Nursing as to regulatory rule changes and at 'Fitness to Practice' user group meetings. Gabriel has recently addressed solicitors at the General Dental Council on the evolution of the misconduct test in regulatory proceedings.
3 Pe rry v NMC [ ] EWHC (Admin) - Led by Ian Wise QC. Mrs Justice Thirlwall held that the panel had not given adequate reasons for the imposition of a suspension order, revoking it and replacing it with the conditions Gabriel suggested at the original hearing. NMC v W & Ors [ ] - Gabriel represented 3 registrants accused of misconduct dating back to Prosecuted by a leading regulatory QC, no sanction was imposed in this 5-week 'old rules' case. A v S outh Wale s Polic e [ ] - Judicial Review of a decision of a Misconduct Hearing panel. Challenges to the findings on the grounds of unreasonableness and irrationality. NMC v B [ ] - Represented a nurse who, when over-worked, infused 10 times the prescribed dose of potassium following which the patient died. The registrant s fitness to practise was held not to be impaired. STATUTORY APPEALS & JUDICIAL REVIEW Gabriel appears in the Administrative Court in statutory appeals and judicial review. He has been involved in cases challenging the 'bedroom tax' and Local Authority care needs assessments. Gabriel has made representations to the Independent Safeguarding Authority (now the Disclosure and Barring Service). Recently Gabriel led Guildhall Chambers' response to the MOJ's September proposals for the further reforms to judicial review and has spoken about the impact of the first tranche of reforms. X v Corone r for S outh S hrops hire [ ] - Judicial review of a coroner's decision(s) not to hold an inquest into a paediatric death. The coroner reversed his decision after the service of the letter of claim. Pe rry v NMC [ ] EWHC (Admin) - Led by Ian Wise QC. Mrs Justice Thirlwall held that the panel had not given adequate reasons for the imposition of a suspension order, revoking it and replacing it with the conditions Gabriel suggested at the original hearing. A v S outh Wale s Polic e [ ] - Judicial Review of a decision of the Misconduct Hearing. Challenges to the findings on the grounds of unreasonableness and irrationality. Harford v Nurs ing & Midwife ry Counc il [ ] EWHC (Admin) - A reasons challenge centering on the meaning of 'misconduct' in fitness to practice proceedings, and argument about interpretation of the NMC's code of conduct. COURT OF PROTECTION Gabriel's experience in Court of Protection matters is recognised in Chambers & Partners He is instructed by local authorities and the Official Solicitor.
4 Gabriel has a thorough and balanced approach to best interests decision-making. His familiarity with medical issues gives him an advantage when advising on mental capacity, and his experience of expert testimony provides an edge in contested applications. Gabriel has also developed particular expertise in cases where misappropriation of P's funds is alleged. In 2012 he worked with Irwin Mitchell to set up the successful South West COP Practitioners Group, and remains an active member. He recently gave a talk on inter-partes costs ['Interpartes costs in the Court of Protection' (2013)']. A v A loc al authority [ ] - Instructed by the Official Solicitor in a best interests case concerned with the residential arrangements for an elderly lady. The case required navigation of the different views held by family members. P v B [ ] - Gabriel is acting for a former deputy in a case concerning the correct approach to the forfeit of securities under s19(9) MCA. P v C [ ] - Acting for a recently appointed panel deputy seeking to recoup around 300,000 from a former deputy and bond providers. INDUSTRIAL TRAINING LEVIES Gabriel developed a practice in this niche area shortly after being called. He has acted for some of the UK s largest industrial entities in challenges to the imposition of multi-million pound training levies. Led by John Benson QC and Andrew Hogarth QC his clients have included: Sellafield Ltd Dounreay Ltd Magnox Ltd Renewable Energy Systems Ltd RECOMMENDATIONS Chambers UK 2015 Chambers UK 2014 APPOINTMENTS: Attorney General's Regional Panel Bar Pro Bono Unit Council of the Inns of Court (student representative)
5 MEMBERSHIPS: Association of Regulatory & Disciplinary Lawyers Constitutional & Administrative Law Bar Association Professional Negligence Bar Association EDUCATION: BPP London Law School Nottingham University RECENT NEWS Personal Injury Case Updates - December 2015 Guildhall Chambers, 23 Broad Street, Bristol BS1 2HG Tel: DX: 7823 Bristol gabriel.beeby@guildhallchambers.co.uk
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