Providing holistic advice to guide you through professional disputes.
Our expert team of professional disciplinary lawyers understand the sensitivity and importance of cases involving disciplinary proceedings and professional disputes.
We offer decades of experience acting for regulatory and professional bodies, as well as providing first class support to individuals who find themselves subject to disciplinary matters or involved in a dispute with their employer, partners, regulator or governing body.
Our clients are spread across Scotland, the UK and internationally, and include the accountancy, education, legal, financial, medical and actuarial sectors.
With a range of expertise and specialisms to draw on including professional negligence, discrimination, insurance, regulatory and employment law, our lawyers work together as a team to support our clients on all aspects of professional disciplinary matters and disputes. We help guide our clients through complex and significant processes and issues, using a range of perspectives to find solutions that work for them.
Key Contacts
Ashley Jones
Partner
Professional Negligence
Ashley has a great track record of acting for both professional indemnity insurers and commercial clients in complex, professional negligence claims.
Hazel Moffat
Partner
Public Law
Hazel is head of our Public Law and Regulatory division, and has represented clients including the Scottish, UK and EU Governments.
Ronald Mackay
Partner
Employment
Ronald covers the full spectrum of employment and discrimination law and additionally deals with complex litigation.
Rebecca Roberts
Senior Associate
Public Law
Rebecca is a senior associate in our Dispute Resolution team.
Meriel Miller
Senior Solicitor
Dispute Resolution
Meriel is a senior solicitor in our Dispute Resolution team, working primarily in professional negligence disputes.
Victoria Nicholson
Associate
Employment
Victoria is an associate in our Employment team and works on both non-contentious and contentious matters.
Areas of Expertise
Disciplinary investigations – professional regulatory and membership bodies
Our team has over 25 years’ experience in advising professional regulatory and membership bodies across the UK and internationally on a wide range of matters. We have advised organisations in all manner of sectors, including legal, judicial, accountancy, education, medicine and investment. The depth of our experience is what helps set us apart from other law firms.
We understand the often complex duties which governing bodies are required to carry out to maintain standards and uphold principles of good conduct. We are skilled at immersing ourselves in the disciplinary mechanisms of our clients to understand the framework in which they operate and any governance issues causing the concern. We can then advise on disciplinary strategies and the associated risks.
Partnership disputes
We have wide-ranging experience advising partners where there has been a dispute or relationship breakdown. We understand that a partnership dispute can be both disruptive and time-consuming. Having worked with all types of partnership formations, we are expertly placed to assist in all matters related to a partnership dispute, whatever your structure.
This experience includes advising GP, dental, accounting, architectural, fund management and legal practices on all aspects of partnership disputes including partnership departures (both voluntary and non-voluntary) and subsequent litigation including in relation to the following:
- Partnership departures/team moves
- Employment status and avoidance of discrimination issues
- Applicability of Equality Act
- Enforcing restrictive covenants and protective measures such as interim interdict
- Dissolving partnerships
- Partnership succession planning
Disciplinary investigations - individuals
We regularly raise, investigate, and defend disciplinary proceedings brought against individuals, including those who are members of regulated professions or professional membership bodies, as well as those in ecclesiastical, political and judicial contexts.
We also advise individuals in the event of a relationship breakdown with their employer and/or a dispute with their governing body. We have acted for individuals from the investigation stage through to representing them at tribunals and disciplinary panels. We are acutely aware of the stress that individuals experience when faced which such allegations and the importance of defending their reputation.
Challenging disciplinary outcomes
We have decades of experience raising and defending judicial reviews and statutory appeals of disciplinary and related decisions, on grounds such as actual and institutional bias, conflicts of interest, lack of independence, error in fact or law and failure to take into account relevant considerations.
Regulatory advice
We understand how professional and regulatory bodies operate. We listen to their key priorities and challenges and work creatively to advise how their objectives can be achieved while managing any regulatory risks.
Our work in this space typically includes:
- Interpreting the organisation’s governing legislation
- Support in understanding and managing regulatory risk across a number of areas, including data protection and freedom of information
- Drafting statutory rules and voluntary codes
- Advising on organisational strategy (including disciplinary strategy, and how to manage and investigate complaints)
- Corporate governance advice
To find out more about how we can help you with your dispute or disciplinary matter, get in touch with one of the team.
Related News, Insights & Events
Navigating international divorce
When a relationship breaks down, deciding where to get a divorce can be a big decision.
Farming in the spotlight at Martinmas – succession planning in uncertain times
Today is Martinmas, a significant date in the farming calendar.
Burness Paull named corporate law firm of the year at prestigous industry awards
15/11/2024
Burness Paull has been named corporate law firm of the year at the Scotland Dealmakers Awards 2024.