Mark Shaw KC

Advising on internal constitutional, voting and disciplinary procedures within a private members’ club.

Advising on rights/obligations to reclaim/refund professional registration fees paid to a regulator in error.

Representing and advising a foreign registrant before the Medical Practitioners Tribunal in a lengthy fitness to practise hearing arising from a criminal offence committed abroad without any direct equivalent in the UK. The legal issues involved the fairness and specificity of the allegations, as well as the applicability of the foreign offence.

Advising the SRA, and drafting its guidance, on sexual misconduct and integrity; and on individual cases arising under that guidance.

Advising a large (UK and global) professional regulator on its amenability in the UK to judicial review, along with the pros and cons of such amenability.

Representing and advising the General Dental Council in the Administrative Court in a CPR Part 8 claim by a registrant against an 18-month interim suspension order. 

Advising the General Dental Council on the effect of an appeal on the duration of a sanction imposed after a review hearing.  

Advising the General Chiropractic Council on the most efficient way lawfully to restructure and streamline the initial stages of its entire fitness to practise investigatory and decision-making process, without the need for primary and secondary legislation.

Representing and advising the General Osteopathic Council in the Administrative Court in a statutory appeal claiming that its Professional Conduct Committee (Chair and one lay panellist) rendered the registrant’s disciplinary hearing unfair by questioning her for too long in an unduly hostile, irrelevant and distressing manner akin to that of a prosecutor.

Advising the General Osteopathic Council on the proper treatment of a fitness to practise panellist who failed to disclose to the GOSC a suspension from work after a disciplinary complaint, thereby rendering her ineligible to sit as a panellist; and advising on the status/validity of decisions in which the panellist participated before the disqualification was revealed.

Advising UK professional health/pharmaceutical regulators on the scope for regulatory control over and disciplinary sanctions for remote (virtual) prescribing.

Advising the General Optical Council (“GOC”) on the scope of its regulatory and disciplinary jurisdiction over the conduct of laser eye surgery by a high street business: whether better classified as optometry (within the GOC’s jurisdiction) or surgery (a matter for the GMC).

Representing and advising a GP, facing being struck-off the Medical Register by the Medical Practitioners’ Tribunal, in disciplinary proceedings brought on the back of a criminal conviction for sexual assault on a patient, while that conviction was still under appeal.

Advising a senior officer of the General Dental Council (“GDC”) on possible challenges to the legality and substance of a draft report to be published by the Professional Standards Authority (“PSA”) criticising the way in which the GDC had operated, investigated and reported on its own compliance with statutory procedures.

Compliance with the duty to give reasons for findings. The extent of a panelist’s duty to disclose misconduct to the Council, and to recuse themselves from sitting.

Advised the Legal Services Board on the process and legality of its investigation into the extent of alleged interference by The Law Society with the exercise by the Solicitors Regulation Authority of its regulatory functions.

Advised the SRA on the legality of arrangements operated by some personal injury legal services firms involving the payment of referral fees to third parties, and the prospects of success for enforcement action.

Advised and appeared for the GDC to resist a High Court judicial review challenge to the interpretation and application of the statutory triage test applied to every complaint made to the GDC against a dentist.  The Claimant argued that the test was set far too high, and that many more complaints should reach the final disciplinary committee.

Advised and appeared for the NMC to resist a High Court appeal concerning the circumstances in which the NMC can review and re-open a complaint once it has been dismissed.

Advising the SRA on a possible judicial review challenge to a procedural decision made by a professional disciplinary tribunal in proceedings brought by the SRA against a former politician and a qualified solicitor.

Advised the General Optical Council on proceedings under section 13C of the Opticians Act 1989 seeking disclosure from Which? of information about allegedly sub-standard opticians revealed by a mystery shopper investigation and article concerning improper eye tests on the high street. 

Advised and successfully appeared for the GMC in resisting a judicial review challenge to the disclosure of expert reports to complainants in medical disciplinary cases under domestic statute and common law and under article 8 of the ECHR (right to private and family life).  Also advised and represented the GMC in various similar cases featuring the same issue.

Advised and appeared successfully for the GDC in a statutory (High Court) appeal regarding the existence and extent of the power of a public body to review and revise its own decisions if based on a fundamental mistake of fact, in particular: to pursue disciplinary proceedings against practitioners who had been erroneously removed from the professional register and then reinstated.

Also in 2013 advised and appeared successfully for the GDC before its disciplinary committee in a parallel case: General Dental Council v Donaldson.

Advising the General Osteopathic Council on the proper treatment of vexatious, frivolous and repetitive complaints by the Good Thinking Society, on resisting a threatened judicial review challenge to the application of its statutory fitness to practise procedures to such complaints and on amending those procedures.  

Allied advice on the drafting and legality of a new regime for continuing professional development, and the status of connected guidance.

Advised the NMC in lead cases determining the jurisdiction to review and replace lesser sanctions with a striking-off order in certain types of case.

Advised various regulators on substantive and procedural aspects of disciplinary proceedings which might arise from the independent report into the inadequate care provided at Mid-Staffs hospital. 

Judicial review of regulatory reports criticising and sanctioning financial services providers for alleged breaches of ant-money laundering legislation.

Ongoing mediation of a judicial review claim involving four local authorities and one NHS care commissioning group contesting the allocation of past, present and future adult social care costs.

Similar claim between different local authorities for reimbursement of historic care costs in relation to a vulnerable child.

Private and public law challenge to the process followed and sanctions applied by a university against a student, after an investigation triggered by complaints from other students and teachers. Several other mediations involving claims of discrimination, harassment and bullying within educational establishments and private clubs.

Employment claim arising from alleged workplace discrimination and victimisation within investment bank .

Mediating to settlement a claim brought by a large multinational company against a waste transport and landscaping company for alleged contamination of a decommissioned industrial site.

Mediating to settlement a High Court civil claim against the police for damages brought by a private individual injured during a stop and search on the public highway.

Mediating a High Court claim for damages and HRA declarations brought by individuals/groups the scope of whose public meeting had been limited.  Alleged breaches of the right of free assembly, freedom to impart information and misfeasance. 

Mediating to a settlement a claim brought by a client against a firm of solicitors for failing properly/promptly to pursue a damages action against the police. 

Successfully mediating two allied long-running industrial relations disputes arising from changes to the pension arrangements of 1000s of public sector workers.

Mediating a multi-million pound dispute under the Public Contracts Regulations 2015, arising from the decision of an NHS Trust to abandon a public procurement process after selection of a strategic estates partner for a large hospital redevelopment scheme but just before the award of any contract.

Successfully mediating a claim for damages brought by the victim of an attack by a police dog.  The dog handler had responded to a domestic burglary 999 call but the dog attacked the homeowner instead of the burglar.

With Lord Woolf, former Lord Chief Justice, mediating a commercial dispute regarding the assessment (taxation) of a costs bill running to many millions of pounds after the settlement of massive group litigation arising from dumping of chemicals in Africa.  Said to be the largest costs bill in English legal history, at the time.

Mediating High Court claims for substantial damages under the Human Rights Act 1998 and for misfeasance and negligence arising from withdrawal by the Home Office of sponsor licences issued under the Immigration Act and Rules to education and training colleges serving foreign students.

Mediating a High Court commercial dispute regarding the sale, servicing and development of land in Virginia Water, Surrey.

Representing a UK local authority on a possible challenge to new import checks and infrastructure for goods arriving from the EU.

Advising on the interpretation, legality and impact of legislation transferring large private sector pension schemes into the public sector.

Representing and advising the General Dental Council in the Administrative Court in a CPR Part 8 claim by a registrant against an 18-month interim suspension order. 

Representing and advising a foreign registrant before the Medical Practitioners Tribunal in a lengthy fitness to practise hearing arising from a criminal offence committed abroad without any direct equivalent in the UK. The legal issues involved the fairness and specificity of the allegations, as well as the applicability of the foreign offence.

Advising the SRA, and drafting its guidance, on sexual misconduct and integrity; and on individual cases arising under that guidance.

Advising a large (UK and global) professional regulator on its amenability in the UK to judicial review, along with the pros and cons of such amenability.

Advising a group of large former public sector pension funds on the compatibility of new pensions legislation with public law and human rights principles, with a view to amending that legislation before or during its Parliamentary passage.

Appeared for the Government of the Cayman Islands in the Grand Court, resisting a judicial review challenge to the constitutionality of a referendum on a proposed new cruise liner port.

Representing and advising the General Osteopathic Council in the Administrative Court in a statutory appeal claiming that its Professional Conduct Committee (Chair and one lay panellist) rendered the registrant’s disciplinary hearing unfair by questioning her for too long in an unduly hostile, irrelevant and distressing manner akin to that of a prosecutor.

Advising the SRA on a possible judicial review challenge to a procedural decision made by a professional disciplinary tribunal in proceedings brought by the SRA against a former politician and a qualified solicitor.

Advising the SRA on the legality of arrangements operated by some personal injury legal services firms involving the payment of referral fees to third parties, and the prospects of success for enforcement action.

Mediating a multi-million pound dispute under the Public Contracts Regulations 2015, arising from the decision of an NHS Trust to abandon a public procurement process after selection of a strategic estates partner for a large hospital redevelopment scheme but just before the award of any contract.

Successfully mediating two allied long-running industrial relations disputes arising from changes to the pension arrangements of 1000s of public sector workers.

Mediating High Court claims for substantial damages under the Human Rights Act 1998 and for misfeasance and negligence arising from withdrawal by the Home Office of sponsor licences issued under the Immigration Act and Rules to education and training colleges serving foreign students.

Advising the General Osteopathic Council on the proper treatment of vexatious, frivolous and repetitive complaints by the Good Thinking Society, on resisting a threatened judicial review challenge to the application of its statutory fitness to practise procedures to such complaints and on amending those procedures.  

Allied advice on the drafting and legality of a new regime for continuing professional development, and the status of connected guidance.

Representing and advising a GP, facing being struck-off the Medical Register by the Medical Practitioners’ Tribunal, in disciplinary proceedings brought on the back of a criminal conviction for sexual assault on a patient, while that conviction was still under appeal.

Advising a UK power company on a judicial review claim challenging the legality of an Ofgem decision under EC Regulation 2016/1222 on the sharing of costs between power providers and transmission companies for electricity supplied via the North Sea cable linking the UK with the Netherlands.

Advising the General Chiropractic Council on the most efficient way lawfully to restructure and streamline the initial stages of its entire fitness to practise investigatory and decision-making process, without the need for primary and secondary legislation.

Advising the General Dental Council on the effect of an appeal on the duration of a sanction imposed after a review hearing.  

Advising the General Optical Council (“GOC”) on the scope of its regulatory and disciplinary jurisdiction over the conduct of laser eye surgery by a high street business: whether better classified as optometry (within the GOC’s jurisdiction) or surgery (a matter for the GMC).

Advising the General Osteopathic Council on the proper treatment of a fitness to practise panellist who failed to disclose to the GOSC a suspension from work after a disciplinary complaint, thereby rendering her ineligible to sit as a panellist; and advising on the status/validity of decisions in which the panellist participated before the disqualification was revealed.

Advising a senior officer of the General Dental Council (“GDC”) on possible challenges to the legality and substance of a draft report to be published by the Professional Standards Authority (“PSA”) criticising the way in which the GDC had operated, investigated and reported on its own compliance with statutory procedures.

Advising Flood Re, the statutory reinsurance company established under the Water Act 2014 to promote flood insurance for affected properties, on the nature and meaning of its framework document: especially the extent to which its commercial autonomy could be constrained by delegated authorities imposed by DEFRA. 

With Lord Woolf, former Lord Chief Justice, mediating a commercial dispute regarding the assessment (taxation) of a costs bill running to many millions of pounds after the settlement of massive group litigation arising from dumping of chemicals in Africa.  Said to be the largest costs bill in English legal history, at the time.

Advised Network Rail on release of internal information and on threatened contempt proceedings arising from the inquiry and Coroner’s Inquest into the fatal injury of two girls at Elsenham level crossing in 2005.

Compliance with the duty to give reasons for findings. The extent of a panelist’s duty to disclose misconduct to the Council, and to recuse themselves from sitting.

Advised the Legal Services Board on the process and legality of its investigation into the extent of alleged interference by The Law Society with the exercise by the Solicitors Regulation Authority of its regulatory functions.

Advised and appeared for the GDC to resist a High Court judicial review challenge to the interpretation and application of the statutory triage test applied to every complaint made to the GDC against a dentist.  The Claimant argued that the test was set far too high, and that many more complaints should reach the final disciplinary committee.

Advised and appeared successfully for the GDC in a statutory (High Court) appeal regarding the existence and extent of the power of a public body to review and revise its own decisions if based on a fundamental mistake of fact, in particular: to pursue disciplinary proceedings against practitioners who had been erroneously removed from the professional register and then reinstated.

Also in 2013 advised and appeared successfully for the GDC before its disciplinary committee in a parallel case: General Dental Council v Donaldson.

Advised and appeared for the NMC to resist a High Court appeal concerning the circumstances in which the NMC can review and re-open a complaint once it has been dismissed.

Advised the SRA on the legality of arrangements operated by some personal injury legal services firms involving the payment of referral fees to third parties, and the prospects of success for enforcement action.

Advised and successfully appeared for the GMC in resisting a judicial review challenge to the disclosure of expert reports to complainants in medical disciplinary cases under domestic statute and common law and under article 8 of the ECHR (right to private and family life).  Also advised and represented the GMC in various similar cases featuring the same issue.

Advising the NFU on the legality of establishing a panel of solicitors required to be used by members in return for NFU environmental litigation support.

Advised the GMC in resisting a judicial review challenge to the absence of foreseeable and accessible guidance from all three defendants on the exposure of professionals (solicitors and doctors) who advise/assist a suicide, following the Pretty and Purdy cases in the House of Lords and ECtHR.  Breach of article 8 of ECHR (right to private and family life) was alleged. (Did not appear at the hearing, as unavailable.)

Successfully advised and appeared for a group of 19 water companies and water & sewerage companies faced with various extensive requests to disclose environmental information under the Environmental Information Regulations 2004 (especially to a property search company and representative sporting body). The judgment is the first under the new tribunal structure to involve an appeal leap-frogging the First-tier Tribunal because it turned on a point of law of general importance, namely: whether such companies are “public authorities” for the purposes of those Regulations. The Upper Tribunal held that they are not, and so are under no obligation to disclose environmental information; upholding the companies’ earlier victory before the Information Commissioner. Beyond that preliminary point, the case raises issues about the ambit of “environmental information” and the application of various exceptions top the duty to disclose (including national security). In mid-2012 the Upper Tribunal referred the Fish Legal case to the ECJ for a preliminary ruling, which is expected sometime in 2014.

Advised the NMC in lead cases determining the jurisdiction to review and replace lesser sanctions with a striking-off order in certain types of case.

Resisted extradition to Spain of a British citizen facing theft and fraud charges arising from commercial dealings in the Middle East, Spain and UK in the 1980s and 1990s.  Proceedings in three jurisdictions (Spain, UK and the ECtHR) raised human rights, procedural and extradition grounds of challenge to the Home Secretary’s extradition decision.  The substantive judicial review was heard in the Divisional Court in March 2013, while the ECtHR application remains pending. 

Representing a UK local authority on a possible challenge to new import checks and infrastructure for goods arriving from the EU.

Advising on the interpretation, legality and impact of legislation transferring large private sector pension schemes into the public sector.

Appeared for the Government of the Cayman Islands in the Grand Court, resisting a judicial review challenge to the constitutionality of a referendum on a proposed new cruise liner port.

Mediating High Court claims for substantial damages under the Human Rights Act 1998 and for misfeasance and negligence arising from withdrawal by the Home Office of sponsor licences issued under the Immigration Act and Rules to education and training colleges serving foreign students.

Representing and advising the General Osteopathic Council in the Administrative Court in a statutory appeal claiming that its Professional Conduct Committee (Chair and one lay panellist) rendered the registrant’s disciplinary hearing unfair by questioning her for too long in an unduly hostile, irrelevant and distressing manner akin to that of a prosecutor.

Advising the General Osteopathic Council on the proper treatment of vexatious, frivolous and repetitive complaints by the Good Thinking Society, on resisting a threatened judicial review challenge to the application of its statutory fitness to practise procedures to such complaints and on amending those procedures.  

Allied advice on the drafting and legality of a new regime for continuing professional development, and the status of connected guidance.

Advising the General Osteopathic Council on the proper treatment of a fitness to practise panellist who failed to disclose to the GOSC a suspension from work after a disciplinary complaint, thereby rendering her ineligible to sit as a panellist; and advising on the status/validity of decisions in which the panellist participated before the disqualification was revealed.

Advising the General Optical Council (“GOC”) on the scope of its regulatory and disciplinary jurisdiction over the conduct of laser eye surgery by a high street business: whether better classified as optometry (within the GOC’s jurisdiction) or surgery (a matter for the GMC).

Advising the SRA on a possible judicial review challenge to a procedural decision made by a professional disciplinary tribunal in proceedings brought by the SRA against a former politician and a qualified solicitor.

Advising a senior officer of the General Dental Council (“GDC”) on possible challenges to the legality and substance of a draft report to be published by the Professional Standards Authority (“PSA”) criticising the way in which the GDC had operated, investigated and reported on its own compliance with statutory procedures.