James Danks Senior Associate
“I have been most impressed with your meticulousness.”
James is a Senior Associate in the Professional Regulatory team with nearly a decade of experience in advising regulators and respondents to disciplinary proceedings.
Main areas of practice
James has extensive experience in advising healthcare regulators in relation to Fitness to Practice, disciplinary matters and investigations into the same including representations before Interim Order Committees in urgent matters.
James has also considerable experience in representing Respondents before their regulators, including solicitors, legal executives and accountants, including negotiating settlements to avoid disciplinary proceedings. He has also been retained to draft responses to the Information Commissioner regarding DPA breaches and has advised corporate clients as to their responsibilities and repercussions of the Bribery Act 2012.
James predominantly manages proceedings on behalf of the General Dental Council (GDC) including those matters before the Conduct, Health and Performance Committees. In addition, he is also involved with matters involving the Association of Chartered Certified Accountants (ACCA) and the General Pharmaceutical Society (GPhC).
James is also retained by individuals for representation before the Health Care Professional Council (HCPC) and, in the past, by corporations including FTSE-100 companies for bespoke, tailored advice on a case-by-case basis.
James has been heavily involved in matters from tribunals of first instance through to appeals to the Supreme Court and European Courts of Justice. These matters have been widely reported including some described as 'landmark'.
For over 7 years, James was one of the main solicitors undertaking nationwide, criminal prosecutions to protect the commercial rights interests of his clients. He also has experience of representing sports persons and organisations before their Disciplinary Panels.
Articles by James
The certainty regarding the meaning of integrity created following Newell-Austin v SRA  EWHC 411 (Admin) has been swiftly dispatched as a result of Mr Justice Mostyn's judgment in this case.
Ms Newell-Austin appealed against the decision of the SDT that she be struck off the roll and ordered to pay £85,000 having found her to have acted dishonestly and without integrity.
Anwar and Ahmed v National College for Teaching & Leadership (1) The Secretary of State for Education (2)  EWHC 2507 (Admin)
A timely reminder for all prosecutors of their disclosure obligations, especially in proceedings where there are a number of hearings arising from the same facts.
Related Knowledge & Resources
The GMC successfully appealed a suspension order imposed against a General Practitioner for engaging in a sexual relationship with a vulnerable patient.
General Medical Council and others v Michalak (Solicitors Regulation Authority and others intervening) Supreme Court  UKSC 71
Professionals who wish to bring a discrimination claim against their regulator can do so in the Employment Tribunal – they are not prevented from doing so by the availability of judicial review - unless there is a specific statutory right of appeal.
This decision of the Queen's Bench Division, supports Ivey as good law and as the correct approach to be applied in regulatory proceedings.