Kenneth has substantial and wide ranging experience in professional conduct and competence matters. He regularly represents solicitors involved in disciplinary and regulatory cases. He has expertise in health care, legal, accountancy and financial aspects of professional discipline. He frequently lectures on fitness to practise issues. Copies of recent talks and other information about Kenneth are available here:

He is a member of the prosecuting panel of the Bar Standards Board, a Legal Assessor for the General Medical Council, the Nursing & Midwifery Council and the General Dental Council. He is chairman of the Appeal Committee for the Chartered Institute of Management Accountants. In 2008 he spent six months advising the Financial Services Authority on various matters.

He is co-editor of the Association of Regulatory and Disciplinary Lawyers' newsletter.

He has been involved in health and safety work for over 20 years, mainly for claimants including the following:

• Stress at work claims – teacher unable to cope – insurance agent bullied by employer – accountant suffering depressive illness through exhaustion – barrister working for international bank put under excessive strain.
• Claims for medical sickness – work related injury benefit payable under NHS Regulations for dentist – accident and sickness health insurance policies acting for insurers, and policy holders.  
• Numerous medical negligence claims against NHS Trusts, and consultants.
• Southall and Ladbroke Grove Rail Accident Inquiries representing injured passengers and bereaved families – evacuation from trains – emergency services response – safety management systems – regulatory framework of safety for rail industry.
• 60 compensation claims for rail accident victims, and post traumatic stress disorder claims.  
• Multi-party litigation involving children born with limb disorders exposed to toxic waste before birth.  
  

In 1999 Kenneth Hamer was counsel at the Southall Rail Accident Inquiry for passengers and bereaved families funded by the Health & Safety Commission and Secretary of State for the Environment Transport and the Regions.  In 2000 – 2001 he appeared in both Parts 1 and 2 of the Ladbroke Grove Rail Accident Inquiry on behalf of passengers.  At Part 2 of the Ladbroke Grove Rail Inquiry he represented 150 passengers and bereaved families and was lead counsel on the crucial issues of the regulatory framework for the industry, and the establishment of better safety management systems.  He has also advised nearly sixty victims in relation to civil claims arising out of the Watford, Southall and Ladbroke Grove rail accidents.  Representation included consideration of common issues for passenger safety similar to group litigation.

In 1999 he appeared as leading counsel with a junior against two silks in the Court of Appeal in a substantial personal injury case involving complex issues of causation following a fifteen day hearing at first instance, at which twelve expert medical witnesses gave evidence in addition to numerous witnesses of fact.

He has recently advised claimants in respect of the Buncefield disaster where fuel escaped from storage at the Buncefield Oil Storage Depot in Hertfordshire in December 2005. He also advised claimants in respect of the recent Corby multi-party litigation involving children born with limb deformities, their mothers having lived or worked close to and been exposed during pregnancy to toxic waste from the former British Steel ironworks quarry at Corby, Northants. In 2008 the Court of Appeal held that damages for personal injury in the Corby litigation were recoverable in the tort of public nuisance.

He is currently acting for developers in relation to complex proceedings in the Technology and Construction Court relating to a commercial redevelopment scheme, and advising in relation to a number of professional negligence claims.

In 2006 he spent six months at the Financial Service Authority working in its General Counsel’s Division advising on financial regulatory issues.

In 2003 Kenneth Hamer was appointed by the Home Secretary to chair a review and report on the current legislative provisions in the Police Act 1996 and non-statutory guidance for appointing independent members to police authorities.  The review consisted of Kenneth Hamer as Chairman together with the Chief Executive of the NHS Appointments Commission, and the Chief Executive of Devon and Cornwall Police Authority as specialist advisors.  His report, “Review of the Selection and Appointments Process of Independent Members of Police Authorities”, was presented to Parliament on 4th May 2004, and contained a range of recommendations to improve the appointments process of key posts in police authorities, highlighting the need to engage local people and the importance of police authorities continuing to develop effective links with other community groups.

He has recently acted for solicitors in relation to intervention proceedings by the Law Society, and other claims involving the Law Society and the Solicitors Regulation Authority.  In 2004 he acted in stress at work claims, and claims for injury and sickness benefits.  He has also recently acted for two directors of a Danish international company in respect of directors’ disqualification proceedings, a German multi-national tanker company against whom allegations of defective products were made, a claimant in a solicitors’ negligence claim concerning the purchase of commercial premises in Spain, and a claim against a Swiss bank for misrepresentation in the giving of a banker’s reference.

1999 - Counsel for passenger group at Southall Rail Accident Inquiry

2000-2001 - Counsel for passenger group at the Ladbroke Grove Rail Accident Inquiry

2003-2004 - Chairman of Home Office Review of the Selection and Appointments Process of Independent Members of Police Authorities

• Rajvel Construction Limited -v- Bestville Properties Ltd (2011) 7th September. Coulson J. Whether High Court has jurisdiction to make freezing order to support order for security for costs - circumstances in which appropriate to grant injunction - section 37 Senior Courts Act 1981.
• Rajvel Construction Limited -v- Bestville Properties Ltd (2011) 14th June. Technology and Construction Court – security for costs – second application - change of circumstances – evidence not disclosed by claimant at previous hearing.  
• Rajval Construction Limited -v- Bestville Properties Ltd [2010] EWCA Civ 1621.
  Claim form served without response pack as required under CPR 7.8 – default judgment – litigants in person - setting aside default judgment under CPR Part 13 without terms – recording of proceedings – Technology and Construction Court.
• Sheikh -v- Royal Pharmaceutical Society of Great Britain [2010] EWHC 2602 (QB).
  Claim for harassment against society - disciplinary proceedings brought by regulatory body exercising statutory powers - statutory defence under Protection from Harassment Act 1997 - action struck out
• Corby Group Litigation [2009] 2 QB 335 CA
  Public nuisance - damages for personal injury - whether recoverable in the tort of public nuisance
• Yusuf -v-Royal Pharmaceutical Society of Great Britain [2009] EWHC 867 (Admin)
  Role of chairman in putting respondent's case to witnesses when respondent not attending hearing - no unfairness in process adopted by the committee
• Richards -v-Law Society [2009] EWHC 2087 (Admin)
  Case clearly made in correspondence - standard of proof
• Chamba -v- Law Society
  Solicitor – solicitors disciplinary tribunal – dishonesty – sanction – test to be applied by tribunal for dishonesty
• R (Neelu Chaudhari) -v- Royal Pharmaceutical Society of Great Britain [2008] EWHC 3190 (Admin) Interlocutory hearing before disciplinary body held in private - not determinative of civil rights and obligations within Art 6(1) of ECHR - application for public hearing dismissed
• R (Sunaina Chauhhari) -v- Royal Pharmaceutical Society of Great Britain [2008] EWHC 3464 (Admin)  Judicial review of investigating committee's decision not to prefer charges against named pharmacist - lack of evidence that was pharmacist responsible for dispensing relevant prescription - no real prospect of success
• Britton Special Steels Limited v. Wood (2006)
  Claim for £800,000 against former director for alleged breach of fiduciary duties – payments made to associated company of director – issue as to proper consideration for payments and knowledge by fellow directors and shareholders – action dismissed (4 days, Bristol).
• Sam v. Atkins [2006] RTR 14 CA
  Road Traffic – vehicle travelling at 20 mph overtaking stationary van in busy shopping street -  pedestrian emerging from in front of van hit by vehicle – judge finding driving at 20 mph negligent but not causative – whether findings inconsistent – whether accident reasonably avoidable. 
  
• Sritharan v. Law Society [2005] 1WLR 2708CA
  Solicitor – intervention by Law Society – automatic suspension of practising certificate – whether power to restore certificate pending hearing before Solicitors’ Disciplinary Tribunal – whether power of court to devise scheme to replace statutory intervention.
• R (Malekout) v. Secretary of State for Health [2005] EWCA Civ 1170;  [2004] EWHC 2879 (Admin)
  National Health Service – Dentist suffering work related injury – calculation of injury benefits – whether deemed date of retirement for calculating benefits being date of injury, or date employment ceased.
• Vahidi v. Fairstead House School Trust Limited [2005] EWCA Civ 765; [2004] EWHC 2102 (QB)             
  Stress at work claim – teacher known to be unable to cope – foreseeability and causation established for second breakdown on return to work – whether breach of duty established – 10 days High Court, 3 day Court of Appeal held no breach of duty as school took reasonable steps.
• Malekout v. Allied Dunbar Assurance plc [2004] EWCA Civ. 192
  Insurance policy – accident and sickness benefits – pre-existing unknown condition – whether “disablement” within meaning of policy conditions.  Court of Appeal following High Court hearing lasting 6 days.
• OPM Properties Ltd v. Venner & Others [2003] EWHC 427 (Ch)
  Specific performance – sale of property – previous signed contract for earlier abortive sale – authority of solicitors and estate agents to exchange contracts – acts amounting to ratification by vendor.  8 days Chancery Division.
• Esmail (Abdullah) v. Abdullah and Abdulla (2002)
  Ten day combined High Court Family and Chancery Division property dispute over title to and ownership of family assets allegedly worth £1 million situate in Kenya and England – whether transfers executed by husband in favour of wife made under duress or undue influence based on wife’s threat not to let husband see the children – conflict between interests of wife and her solicitor – proper approach as to beneficial ownership and financial relief by wife.
• Collins v. Office for the Supervision of Solicitors [2002] EWCA
  Claim by former client against Law Society alleging negligent investigation by the OSS into the handling of his affairs by his former client – whether duty of care owed by Law Society investigation officers – assumption of responsibility – measure of damages.
• Butler v. Mount Vernon & Watford General Hospital NHS Trust [2002] EWCA Civ 1387; Med Lit Cases 0842
  Joint expert – put forward by defence reporting favourably to claimant – evidence agreed – application by Defendant to call additional evidence refused – effect on funding arrangements.
• Collins v. United Kingdom (2002) ECHR, Application No. 63568/00
  Applicant’s proceedings against defendant struck out by Court of Appeal under CPR 24 – earlier application to strike out under RSC Order 12 rule 9 refused by differently constituted Court of Appeal – whether proportionate interference with Applicant’s right of access to court under Article 6(1).
• Hobin v. Douglas  [2000] PIQR Q1 (CA)
  Costs - personal injury - civil procedure - appeal on causation with offer of global figure for damages
  Substantial personal injury case involving complex issues of causation lasting 15 days at trial with 12 expert witnesses giving evidence .  4 days in Court of Appeal
• Punford v. Gilberts Accountants   [1998] PNLR 763 (CA)
  Accountants' negligence - advice on will - whether duty owed to disappointed beneficiary
  
• Khazanchi v. Faircharm Investments Ltd  [1998] 1 WLR 1603 (CA)
  Execution - distress - forcible entry by bailiff - whether entry lawful - damages
  
• Royal Bank of Scotland PLC v. Etridge and Another [1997] 3 All ER 628 (CA)
  Undue influence - duty of creditor to take reasonable steps to satisfy himself that wife entered into obligation freely and with knowledge of true facts – whether solicitor acting as agent of bank – whether solicitors agency raising defence that bank had constructive notice of undue influence.
• Cheese v. Thomas [1994] 1 All ER 35 (CA)
  Undue influence – appropriate relief – transaction held to be manifestly disadvantageous to plaintiff – whether distribution of proceeds of sale should be in the same proportion as contributions to purchase price.
• R v. Law Society ex parte Reigate Projects Limited [1993] 1 WLR 1531
  Solicitor - dishonesty - compensation - whether consequential losses recoverable from Law Society Compensation Fund – policy not to compensate for consequential loss – whether unreasonable and contrary to objectives of fund.
  
• In re Barlow Clowes Gilt Managers Ltd [1992] Ch 208
  Practice - discovery - public interest immunity - use in criminal proceedings of confidential information obtained by liquidators
• R v. Clowes and Others [1992] 3 All ER 440
  Witness summons against liquidators – production of documents – information provided to liquidators voluntarily and in confidence – whether public interest in confidentiality outweighing public interest in ensuring that defendants received fair trial.
• In re a Debtor [1991] Ch 326
  Bankruptcy - petition - voluntary arrangement – debtor’s application and proposal to make voluntary arrangement – whether vote by petitioning creditor against proposal was unreasonable refusal of offer justifying dismissal of petition.
• R v. Derbyshire County Council [1990] ICR 808 (CA)
  Judicial review of appointment and dismissal of county police surgeon – police surgeon’s application for reinstatement – whether judicial review appropriate remedy.
• Midland Bank Ltd v. Perry (1987) 56 P & CR 202 (CA)
  Bank guarantee signed by wife to secure her husband's debts
  Archer v. Brown  [1985] QB 401
  Damages - deceit - measure of damages – fraudulent sale of shares – whether expenditure after date of rescission recoverable – whether aggravated damages for injured feelings recoverable.
  

Recent regulatory and disciplinary tribunal cases:

Member of the Standing Panel of Prosecuting Counsel for the Conduct Committee of the Bar since March 2001 including:

• 3 day hearing of charges against barrister alleging misleading Court of Appeal.  Consideration of conflicting duties owed by counsel to the court and client.  Expert evidence given by former Chairman of the Bar and another QC;
• Appeal before Visitors arising out of criminal conviction – whether Tribunal capable of considering merits of conviction – test of exceptional circumstances to go behind conviction;
• Proceedings against a barrister for discreditable conduct (8 day hearing before High Court Judge and 3 days before Visitors on appeal);
• Proceedings against head of chambers over allegations of inadequate administration and discrimination (6 days);
• Proceedings against a senior QC for professional misconduct concerning financial arrangements for the lay client’s defence;
• Proceedings against a barrister for discourtesy;
• Proceedings against a barrister for misleading the court;
• Hearing before the Visitors on Appeal in relation to proper service of disciplinary proceedings;
• Determination of award of costs in relation to unsuccessful prosecution brought in the public interest.
  

Legal Assessor to the General Medical Council since July 2002 including:

• Allegations of misconduct and competence against breast surgeon - five experts - 9 day hearing;
• 6 day hearing of dishonesty allegations against practitioner;
• 17 day case involving inspections carried out by Healthcare Commission and treatment of patients at private clinic;  
• 9 day case involving allegations of misconduct and deficient professional performance by anaesthetist; 
• 9 day alleged misconduct hearing involving treatment by consultant surgeon of patient with heart disease;
• 10 day hearing involving treatment by general practitioner of little boy dying from asthma attack and heart failure, following inquest held in Scotland;
• Allegations against hospital doctor of taking advantage of patient’s financial affairs (6 days);
• Doctor’s affair with patient abusing his professional position;
• Serious professional conduct of botched operation by two surgeons following dismissal of criminal proceedings for manslaughter (10 days) ;
• Ten day case before the Professional Conduct Committee involving allegations of indecent assault of patient and nurses not prosecuted by the Police;
• Indecent exposure by a doctor after charge dismissed in the Magistrates’ Court and the doctor was bound over;
• Serious dereliction of professional duty by doctor who failed to attend emergency;
• Serious professional misconduct by a doctor who brought the medical profession into disrepute in relation to the appointment of a hospital post;
• Hearings before the Assessment Referral Committee concerning the standard of performance of doctors.
  

Legal Assessor to the Nursing and Midwifery Council since 2004:

• Re-hearing of Preliminary Investigation Committee proceedings against six registrants following successful judicial review brought by family of young woman who died in hospital (5 days);
• 4 day hearing involving ill-treatment by nurse of patient in hospital;
• Hearings before the Professional Conduct Committee;
• Hearings before the Preliminary Proceedings Committee for interim orders.
  

Legal Assessor to the General Chiropractic Council since 2005:

• 7 day hearing involving allegations against chiropractor working for large international company and duties owed to employer and employees when reporting on work related matters – extent of duties owed by terms of professional guide.

The Law Society:

• Hearing before the Solicitors’ Disciplinary Tribunal of allegations of money laundering involving United States treasury cheques valued at US$ 1.7 million;  
• Hearing before the Solicitors’ Disciplinary Tribunal of allegations of dishonesty involving transfers of monies from client account to office account (3 days);
• Appeal from Adjudicator to Adjudication Panel of decision to refer solicitor’s professional conduct to the Solicitors’ Disciplinary Tribunal, and decision relating to professional service;
• Complaint by client against former solicitors over fees – Appeal from Adjudicator – appeal on finding of professional misconduct and award of compensation;
• Representation before adjudicator on behalf of solicitor regarding provisions in training contract;
• Solicitors Disciplinary Tribunal hearing representing solicitor in relation to delays in the winding up of deceased’s estate;
• Judicial Review of decision of Legal Services Ombudsman – claim by lay client – representing firm on dismissal by Disciplinary Tribunal and Legal Services Ombudsman of complaint.
  

Office of Fair Trading

• Representation in relation to revocation of licence under Consumer Protection Act 1974