Giles Powell

Overview

Giles Powell practices principally in employment and associated regulatory and disciplinary law. He also undertakes cases in related areas of public and administrative law, commercial law, partnership law and company law.

He has been recognised as a leading junior in professional discipline and regulatory law by the The Legal 500 since 2009 and more recently by Chambers & Partners.

He has particular expertise in professional discipline concerning doctors, dentists, nurses, healthcare professionals, financial and investment advisers, life members, police officers, solicitors and sports men and women. He was lead counsel for Mr Puri in the case of Puri v. Bradford Teaching Hospitals NHS Foundation Trust [2011] and [2010] EWHC 2523 Admin, a case concerning the application of Article 6 ECHR to internal disciplinary proceedings, and for the NHS Trust in the case of Dr Lim v. Royal Wolverhampton Hospitals NHS Trust [2011] EWHC QB, a case concerning whether a national disciplinary framework had been contractually incorporated and the nature of obligations under that framework. He was lead counsel for the presenting officer in Operation Rhino [2008], the largest corruption investigation in Gwent Police. His work covers advice on and appearances before the professional and regulatory governing bodies such as the Deaneries, the GMC, the HPC, the RFU disciplinary panel and the SRA; internal disciplinary hearings; and the Courts. He advises on regulatory issues relating to FSA and Liffe membership.

His practice encompasses all areas of employment law. He was lead counsel for 2 respondent employees in the case of In Re Westlakes Scientific Consulting Limited (In Administration) [2011] EWHC CH, a case concerning the proper construction of redundancy provisions, age discrimination, TUPE and the incident of tax and NICs. He is counsel for the water park in the case of Cotswold Water Park Ltd v Grant & Othrs [2010] EWHC QB, a case concerning the misappropriation of almost £1 million by the former chief executive and former finance director and involving freezing injunctions. He was counsel for the fire authority in R (on the application of the London Fire and Emergency Planning Authority) v. Board of Medical Referees[2009] 1 ICR 697 CA a Judicial Review concerning the proper construction of rules of the Firemen’s Pension Scheme. He was counsel for the Commission in Scotcher v. Kirklees MBC and CSCI [2008] EWHC QB, a case concerning the duty of care owed by the Commission to an employee of a residential care home and the economic torts of procuring a breach of contract and unlawful interference. In 2009 he successfully represented a group of senior investment bankers against a major investment bank in respect of their claims for bonuses, compensation for unfair dismissal, redundancy payments and protective awards.

He has significant experience in discrimination law and public interest disclosure. He is currently retained by a highly successful city trader to advise on issues of sex discrimination and breach of contract against a premier global investment banking and securities firm. In 2010 he successfully acted for a stockbroker in a claim for disability discrimination and unfair dismissal against a leading global financial services firm. He successfully defended the police in Wheeler v Surrey Police [2009] a claim by a probationary officer for age and sex discrimination.

He has experience in company law matters concerning directors and minority shareholders, particularly where those matters are related to employment issues, and in partnership issues. He frequently advises on issues of concerning restraint of trade, restrictive covenants, the duty of fidelity, fiduciary duties, confidentiality and database rights.

He regularly lectures and gives training seminars to conferences and to small groups. He is a member of the South Eastern Circuit Committee, ALBA, ELA, ELLAS and the Bar European Group.

Giles is also recommended in Who’s Who Legal and “is ‘extremely well thought of’ thanks to his abilities in discrimination, victimisation and public interest disclosure cases among others”.

Professional Recommendations

“Giles is able to translate complex areas into clear advice providing a very clear route map forward. Given the nature of the advice, a fast turnaround is often required and Giles ensures that he is responding quickly. The work often involves very sensitive issues which Giles is able to deal with whilst providing the clients with a clear view as to his advice.”

The Legal 500 2021

“Technically very sound and has a breadth of knowledge of the workings of the NHS and wider issues.”

Chambers & Partners 2020

“A decisive and steadfast advocate”

The Legal 500 2020

“Offers experience across the board in the field of professional discipline. He is known primarily for his representation of professionals in the healthcare, financial, police and legal sectors.”

Chambers & Partners 2017

“An experienced advocate, who gives thorough and practical advice.”

The Legal 500 2016

Expertise

Professional Regulatory & Discipline

Giles is recognised as a leading junior in professional discipline and regulatory law by The Legal 500, 2009 and 2010 Editions.

He has particular expertise in professional discipline and regulatory matters concerning doctors, dentists, nurses, healthcare professionals, financial and investment advisors, life members, police officers, solicitors and sports men and women. His work covers advice on and appearances before the professional and regulatory governing bodies such as the Deaneries, the GMC, the HPC, the RFU disciplinary panel and the SRA; internal disciplinary hearings; and the Courts. He advises on regulatory issues relating to FSA and Liffe membership.

Examples of his work include:

Puri v. Bradford Teaching Hospitals NHS Foundation Trust [2011] and [2010] EWHC 2523 Admin. A claim by a consultant urologist that Article 6 ECHR is engaged in respect of internal disciplinary proceedings such that he is entitled to an independent and impartial internal panel to hear matters of misconduct. The judge, Blair J has granted permission to appeal to the Court of Appeal.
Dr Lim v. Royal Wolverhampton Hospitals NHS Trust [2011] EWHC QB. A claim by a consultant anaesthetist that he has a contractual right, under a national disciplinary framework implemented by the Trust, to an assessment of his competence by an independent body, the National Clinical Assessment Service and that there has been no proper referral to NCAS. The case concerns whether the framework had been contractually incorporated, the nature of obligations under that framework and alleged breaches of the implied term of trust and confidence.
2010 – Acting for and advising Liffe member in respect of disciplinary proceedings under Section 5 of the Liffe Rules.
2010 – Advising a first-class professional cricketer on his suspension by the ECB.
GMC v. Mr Puri [2009 -2010] – Successfully resisting the application of any interim order by the IOP.
Dr Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] IRLR 956 QB. Successful defence of claims by a consultant physician for specific performance of an employment contract and reinstatement; and that the national disciplinary framework (Maintaining High Professional Standards in the Modern NHS) was contractually incorporated as part of her contract of employment. The consultant was dismissed for false completion of cremation act forms.
Operation Rhino 2008 Successfully presenting and advising on misconduct proceedings against 8 police officers, concerning serious allegations, including being improperly beholden and dishonest and improperly using confidential information. (One of the largest misconduct cases in the history of Gwent Police) Successfully resisting attempts to exclude intercept evidence obtained, from telephone monitoring, lawfully under the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

He regularly lectures and gives training seminars to conferences and to small groups. He is a member of the South Eastern Circuit Committee, ALBA, ELA, ELLAS and the Bar European Group.

Employment & Discrimination

Giles has specialised in employment and discrimination for a number of years.

He is recognised by The Legal 500 and Chambers & Partners as a leading junior in employment related professional disciplinary matters.

He has extensive experience in a wide range of matters concerning individual and collective employment rights. Experience includes matters relating to all types of discrimination (sex, race, disability, age, sexual orientation, part-time workers, religious and belief), victimisation, whistle blowing, public interest disclosures, equal pay, protection of pay, pensions, unfair dismissal, wrongful dismissal, TUPE, restraint of trade, redundancy and regulatory and internal misconduct. He also undertakes cases in related areas of public and administrative law, commercial law, partnership law and company law, particularly where such matters interface with employment law matters.

Examples of his work include:

In Re Westlakes Scientific Consulting Limited (In Administration) [2011] EWHC CH. An application by the administrators of the company for declarations and directions in respect of a redundancy fund set up by the relevant employees’ former employer the BNFL. The case concerns the proper construction of redundancy provisions set out in of the BFNL handbook adopted by the company; the application of the fund; whether over 60 employees fall within the provisions; if they do not whether that amounts to unlawful age discrimination; the effect of TUPE 1981 and the incident of tax and NICs.
Puri v. Bradford Teaching Hospitals NHS Foundation Trust [2011] and [2010] EWHC 2523 Admin. A claim by a consultant urologist that Article 6 ECHR is engaged in respect of internal disciplinary proceedings such that he is entitled to an independent and impartial internal panel to hear matters of misconduct. The judge, Blair J has granted permission to appeal to the Court of Appeal.
Dr Lim v. Royal Wolverhampton Hospitals NHS Trust [2011] EWHC QB. A claim by a consultant anaesthetist that he has a contractual right, under a national disciplinary framework implemented by the Trust, to an assessment of his competence by an independent body, the National Clinical Assessment Service, and that there has been no proper referral to NCAS. The case concerns whether the framework had been contractually incorporated, the nature of obligations under that framework and alleged breaches of the implied term of trust and confidence.
Cotswold Water Park Ltd v. Grant & Othrs [2010-11] EWHC QB. A claim by the water park to recover almost £1 million misappropriated by the former chief executive and former finance director and claims for freezing injunctions.
2011 – Claim by a highly successful city trader against a premier global investment banking and securities firm in respect of sex discrimination and breach of contract.
2010 – 2011 – Advising and defending a police force in respect of serious allegations of race discrimination and breaches of human rights.
Gascoyne v. Force India Ltd [2010] EWHC QB – Claim by Chief Technology Officer for damages for wrongful dismissal from a Formula One Motor Racing Team.
2010 – A successful claim by a stockbroker in a claim for disability discrimination and unfair dismissal against a leading global financial services firm.
2010 – Advising and acting for a minority shareholder of a property investment company (part owned by an Investment Bank), company director and employee in respect of an action for unfair prejudice under S 994 CA 2006, under a shareholder’s agreement; and under a share purchase agreement; and in respect of unfair dismissal.
Salford Royal NHS Foundation Trust v. Roldan (CA) [2010] ICR 1457 CA. A claim for unfair dismissal by a nurse. The appeal concerned whether the Employment Tribunal should have considered whether the dismissal was fair under Section 98 A (2) ERA 1996, whether the investigation had been fairly conducted and whether the nurse had been given sufficient particulars of any earlier incident relied upon in dismissing her.
Shrewsbury & Telford Hospitals NHS Trust v. SKS Lairikyengbam [2010] ICR 66 EAT. A claim by a locum consultant cardiologist for a redundancy payment and for unfair dismissal. Appeal concerned whether there had been a redundancy situation or whether the locum had been dismissed because his employment had been continued for more than the period permitted by National Health Service (Appointment of Consultants) Regulations 1996, such that it was ultra vires or unlawful.
2009 – Successful claims by a group of senior investment bankers against a major investment bank in respect of their claims for bonuses, compensation for unfair dismissal, redundancy payments and protective awards.
Wheeler v. Surrey Police [2009] Successful defence of a claim by a probationary officer for age and sex discrimination.
2009 – Advising an NHS Trust on its ability to judicially review the decision of the Secretary of State in respect of a transfer order under Section 75 of the NHS Act 2006, relating to a partnership agreement with a local authority.
R (on the application of the London Fire and Emergency Planning Authority) v. Board of Medical Referees [2009] 1 ICR 697 CA. Judicial Review concerning the proper construction of rules of the Firemen’s Pension Scheme. Giles was counsel for the Fire Authority.
2009 – Advising a company and successfully seeking injunctive relief in respect of the theft of a database by an employee and others, breaches of data base rights, copyright issues, confidentiality, passing off, breach of contract and economic torts including procuring breach of contract.
Dr Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] IRLR 956 QB. Successful defence of claims by a consultant physician for specific performance of an employment contract and reinstatement; and that the national disciplinary framework (Maintaining High Professional Standards in the Modern NHS (MHPS)) was contractually incorporated as part of her contract of employment. The consultant was dismissed for false completion cremation act forms.
Scotcher v. Kirklees MBC and CSCI [2008] EWHC QB. Successfully striking out a High Court Action by Nurse against local authority and statutory regulator, the Commission (for whom Giles acted) alleging economic torts (of procuring breach of contract and unlawful interference) and negligent misstatement. The Court ruled that the Commission did not owe a duty of care and was not liable in economic tort to an employee of a residential care home, in respect of comments made by the employees of the Commission to the employer.

He regularly lectures and gives training seminars to conferences and to small groups. He is a member of the South Eastern Circuit Committee, ALBA, ELA, ELLAS and the Bar European Group.

Judicial Review

Clinical Negligence

Giles undertakes the full range of advocacy and advisory work in health-care and medical law. His work in clinical negligence, medical regulatory law, health care professional discipline, health care employment law, health care specialist training, health care administrative law, human rights and Inquests forms a substantial part of his practice. He acts for both Claimants and Defendants as leading and junior counsel, for practitioners before their professional regulators and for parties in internal regulated and disciplinary proceedings.

He is recognised as a leading junior in professional discipline and regulatory law, particularly in health care, by the directories. He has extensive experience in medical regulatory work and professional discipline, conduct and capability. He has particular expertise concerning doctors, dentists, nurses and healthcare professionals. He was lead counsel for the Trust in Dr Chakrbarty v Ipswich Hospitals NHS Trust [2014] EWHC 2735, which concerned the clinical competence of a consultant cardiologist and the application of the capability procedure, appearing both in the High Court and in the internal regulated capability proceedings. He was lead counsel for the Trust in Dr Lim v. Royal Wolverhampton Hospitals NHS Trust [2011] EWHC QB, which concerned the clinical competence of a consultant anaesthetist and the application of the capability procedure. He was lead counsel for Mr Puri in the case of Puri v. Bradford Teaching Hospitals NHS Foundation Trust [2011] and [2010] EWHC 2523 Admin, which concerned the application of Article 6 ECHR to the internal disciplinary proceedings.

He is currently acting for a health board in a very complex case concerning the clinical competence and medical negligence of a consultant hepatobiliary surgeon in 17 patient cases, for a health board in a respect of the clinical competence and medical negligence of a consultant gynaecologist and obstetrician in 11 patient cases, for a Health Board in a case which concerns, in part, the clinical competence of a consultant urologist, for a consultant in a case concerning the clinical competence and conduct of a consultant orthopaedic surgeon and for a Trust in a case concerning the clinical competence and conduct of a consultant orthopaedic surgeon.

He has acted for Health Education England (HEE) in a number of administrative law cases and internal cases concerning the specialist training of junior doctors. He was counsel for HEE in R (on the application of Sagar) v NHS Health Education England [2014] EWHC 3696, which concerned the competence of a junior doctor in specialist training as a GP and the application of the training regime. He was also counsel for HEE in the junior doctors’ dispute in 2016. His regulatory cases often involve complex whistleblowing and discrimination issues.

His work covers advice on and appearances before the professional and regulatory governing bodies such as HEE (formerly the Deaneries), the MPTS, the NMC, the HCPC and the Courts. He has represented parties at inquests where significant issues of clinical care have been in issue. He is a qualified mediator.