Regulation of professionals
Christian was named a Rising Star in Professional Discipline in the Legal 500 every year between 2020 and 2024.
He represents clients in disciplinary proceedings brought by all healthcare regulators, often dealing with cases of the greatest sensitivity and gravity for those concerned.
Christian manages cases concerning a wide range of alleged misconduct, including dishonest, fraudulent or sexually motivated activity, clinical competence and health issues.
He is highly experienced in representing clients in urgent interim order hearings, often the first point at which a practitioner feels compelled to seek guidance and representation to safeguard their interests, whether on a privately funded or indemnified basis. He guides clients carefully through the fitness to practise process along with any issues arising from parallel processes such as NHS England PLDP hearings, CQC, criminal, civil and employment tribunal matters. He is experienced in representing individual practitioners in inquests where conflicts of interest have arisen between them and their employers. He can attend interviews under caution with Police by arrangement.
Christian has significant experience in defending doctors, working at the instruction of one of the major medical defence organisations for several years, but he has represented professionals regulated by all major healthcare regulators and many more specialist, voluntary and non-statutory registers. He defended three of the first appeals brought by the General Medical Council against decisions of the Medical Practitioners Tribunal, and has successfully pursued and resisted Judicial Review proceedings arising out of disciplinary processes raising novel legal points.
As well as defending individuals, he has provided guidance to senior executive officers of employing organisations giving evidence as witnesses in tribunal proceedings, and trained and advised NHS Trusts on governance provisions associated with fitness to practise.
Outside of the healthcare sector, Christian has represented Superintendent Police officers in disciplinary proceedings raising highly sensitive issues garnering significant public interest. He also has experience of Teaching Regulation Agency proceedings involving headteachers.
Regulation of medical devices, technology and life sciences
Christian has extensive experience of advising international and domestic commercial and public sector clients on compliance with the regulatory regimes in force in this sector. He has a strong interest in regulatory affairs in general but is particularly focussed on medical devices, the dividing line between software regulated as a medical device rather than unregulated “lifestyle” software/apps, and the legal challenges and opportunities presented by artificial intelligence. With two former senior colleagues, Christian worked with the University of Central Lancashire in advising on and recording content for a Digital Health module, in recognition of which he was appointed Honorary Senior Lecturer. He is a registered member of TOPRA.
Regulation of organisations
Christian supports providers in navigating Care Quality Commission related matters, from non-contentious commercial advice about the scope of regulations to challenging decisions made by the CQC to impose limitations on a provider’s registration in the First Tier Tribunal. He has extensive experience of representing a range of types of providers in inquests where there is a threat of CQC action, from domiciliary care providers, to charities and care homes, funded on a private or insurance-backed basis.
General advisory and collaborative work
Christian advises alone or in teams where his regulatory and public law experience and interests touch on other areas. Experience includes:
- Working in a team on due diligence in the context of corporate transactions, where, for example, questions arise as to professional registration requirements of a workforce or the regulatory status of medical devices for which the target acquisition is responsible;
- Working with corporate and commercial partners in contract drafting where IP and regulatory responsibilities for software regulated as a medical device are being transferred;
- Advising start ups in the health sector on regulatory matters affecting their business plans;
- Advising providers wishing to explore the provision of various aspects of healthcare across international borders, whether into or out of England and Wales;
- Practising privileges policy review work;
- Advising a public body on legislative provisions available to it to enhance transparency in health research;
- Advising a care home on a legal challenge concerning the interface between public and private law obligations in the context of top up fees and continuing healthcare funding.
Previous experience
Christian’s approach benefits from significant previous experience of defending complex claims for damages on behalf of several major employers liability insurers, including work at Supreme Court level. Before joining Spencer West, Christian worked for high ranking law firms, working very closely with a range of liability and before the event (“BTE”) insurers. He has also spent significant time as in-house legal counsel with a major public body researching legal issues, designing and executing processes on a large scale compensation scheme.