Guy Micklewright > Chambers of David Josse KC > London, England > Barrister Profile

Fitness to Practise

Guy is a barrister with extensive experience in healthcare fitness to practise work. Guy has appeared before the General Medical Council (GMC), General Dental Council (GDC), General Pharmaceutical Council (GPhC), General Optical Council (GOC), General Osteopathic Council (GOsC), and Health and Care Professions Council (HCPC).

Guy is instructed across the full range of cases brought by these regulators including some of the most complex and lengthy of hearings, often appearing against leading juniors and silks. The types of cases Guy has appears in include:

• Cases involving multiple, complex courses of clinical care involving numerous patients;
• Cases involving frauds by dentists and optometrists on the NHS;
• Cases involving sexual allegations and vulnerable witnesses; and
• Cases involving deaths of patients when in care.

Guy appears before PSA-approved bodies such as the British Psychoanalytic Council. He has a detailed knowledge of the nature of these bodies and the difference in approach required in such cases compared to cases before the statutory regulators.

Guy has frequently appeared in appeals involving GPs before the Performers List Decision Panel and on appeal to the First-Tier Tribunal.

Guy has previously been a member of the BSB’s Prosecutors Panel and has appeared in a number of cases before the BTAS Disciplinary Tribunal.

Accountancy Regulation

Guy is highly regarded accountancy barrister. Drawing on twelve years’ experience of preparing and presenting cases on behalf of the accountancy regulators, along with providing training for disciplinary panel members, he is able to bring a deep knowledge of this niche sector to bear when advising and representing clients facing disciplinary proceedings. Guy is able to assist at all stages of the process, from advising and drafting representations to the regulator during an investigation, advising on consent disposals offered by the regulator, and offering robust representation before a Disciplinary Tribunal. Cases he has acted in have included allegations of dishonesty, breach of the Anti-Money Laundering Regulations 2007, and failures in the standard of service to clients.

Education, University Defence, and School Expulsions and Exclusions

Guy regularly acts for students before university disciplinary and fitness to practise panels. Many of the cases he acts in concern allegations of serious sexual misconduct by students. Guy is able to advise clients through these procedurally challenging cases, which require specialist knowledge to handle appropriately.

Guy also advises parents of children facing expulsion or exclusion in both the state and private school sectors. He is able to advise and support parents as to how best to advance their case in meetings with the school; draft written representations; as well as where appropriate conduct advocacy. He is able to advise on the statutory duties of both state and private schools, as well as the contractual obligations of private schools.

In addition, Guy has been instructed by schools in appeals against decisions of the Secretary of State for Education and is able to advise how to challenge Ofsted reports.

• Watch Guy present the webinar: Misconduct Proceedings – Universities & Students: What to Do & What to expect

Engineering Regulation

Guy is an experienced engineering regulation barrister. He has an in-depth knowledge of the sector, having worked on some of the most complex and sensitive cases dealt with by the engineering regulators. Guy has particular experience of the Institution of Mechanical Engineers and the Institution of Civil Engineers. Guy is experienced in dealing with complex party-wall matters arising before the engineering regulators.

Appeals and Judicial Review

Guy is an experienced appeals barrister who has appeared in some of the leading cases in professional regulatory law in the High Court and the Court of Appeal. Guy also appears before the First-Tier Tribunal and Upper-Tier Tribunal in cases where appeal lies to those tribunals. Guy is recognised for his in-depth knowledge of the law and valued for his professional judgment.

• Guy is regularly instructed to provide ‘second opinion’ advice on the merits of appeals from tribunal decisions and accepts instructions to do so on a direct access basis.
• Guy is also instructed in judicial review proceedings at various stages in professional regulatory cases.

See related articles: Time Limits in Fitness to Practise Appeals & Statutory Appeals & Freedom of Speech, Covid Scepticism, and Interim Orders: What Will be the Effect of White v GMC [2021] EWHC 3286?

Legal Services Regulation

Guy is a former member of the BSB’s Prosecutor’s Panel and has appeared in a number of cases before the BTAS Disciplinary Tribunal, as well as on appeal. Guy accepts instructions to advise and represent registered, unregistered, and student barristers. Guy has particular expertise in cases concerning applications for readmission following disbarment.

Governance and Investigations Advice

Guy is well-regarded for his expertise in providing advice to regulators relating to their functions, as well as for drafting rules of procedure, policies, and Codes of Conduct. Guy has particular familiarity with the governance of non-statutory and membership bodies, whose requirements are different to those of statutory regulators.

Guy has experience in conducting independent, internal misconduct investigations for public sector organisations.

Guy has experience of advising regulators and other bodies on their obligations under the GDPR and Data Protection Act 2018.

Shotgun/Firearms Licensing

Guy has experience advising clients in relation to police seizure of licensed shotguns and firearms, obtaining a licence following refusal of an application or certificate revocation, suitability reviews, and appeals against refusals and revocations.