If so, then contact Jayesh Jotangia, GMC barrister who can advise, prepare and represent you at the GMC, specialising in professional disciplinary proceedings.
Jayesh is a dual qualified lawyer having first qualified as a barrister and then spending eight years as a Solicitor Advocate. In 2007 he founded Axiom Stone and was its senior partner, until his arrival back at the Bar in 2012. Presently, he is a tenant barrister at 33 Bedford Row in London.
Jayesh has had extensive experience in immigration, criminal, arbitration, mediation, commercial and civil litigation and contentious and non-contentious employment matters, having advised multi-national corporate organisations, including one of the world’s largest international steel companies. He has represented individuals and companies at all levels upto the Court of Appeal in litigation matters and represents often in multi-track cases.
However, his main area of expertise is in health professional and disciplinary regulation where he wants his focus to remain in at the Bar alongside litigation and spearheading the India Desk at 33 Bedford Row.
Jayesh undertakes work on behalf of health professionals and practices regarding their business affairs and disputes with other professionals or public bodies. His particular niche is representing doctors wishing to become specialists via the General Medical Council’s (GMC) Certificate of Eligibility for the Specialist Register (CESR) (formerly known as PMETB - Article 14 route).
Over the past years, Jayesh has developed a fierce reputation in the defence of health professionals before the GMC, GPHC, NMC and the HCPC where he has successfully defended psychologists, pharmacists, paramedics, physiotherapists, hearing aid audiologists and doctors to name but a few professionals before Fitness to Practise Panels.
One of his major accomplishments was in 1998 when working at the Public Defender's Office, Chicago, Illinois, USA on a matter that led to the exoneration of a prisoner who was on death row for 14 years. During this time, he was an intern at Northwestern Law School, Chicago.
Jayesh has served as previous Chair of the Hindu Lawyers' Association (UK). He also founded and is member of the secretariat of the All Party Parliamentary Group (APPG) for British Hindus. As such, he advises and briefs Parliamentarians on matters concerning Hindus and India.
Against the GMC by way of example, Jayesh succeeded in overturning a previous GMC decision concerning registration. This case was heard at the High Court before Mr Justice Edis and was reported as an authority on registration appeals. The doctor is now practising medicine in the UK after a re-hearing - Dr Richa Bhatia v General Medical Council [2016] EWHC 3221 (Admin).
In September 2017, Jayesh was the recipient of the Best Professional in Business Award by the London Asian Business Awards.
The Medical Act 1983 is the legislative framework that governs appeals against the GMC.
If you are a doctor, there are different types of appeals that can be made against the GMC, including the following:
An MPTS decision to take a doctor off the GMC register
Refusal to grant a licence to practise to a doctor
Revalidation appeal or a decision on a withdrawal of a doctor’s licence to practise
A decision refusing registration on first application
A refusal on a specialist registration application, including CCT, CESR and CEGPR
If you are doctor and your application for revalidation or general registration has been rejected by the GMC, then Jayesh Jotangia can advise, prepare and represent you at a GMC hearing.
It is important to be aware of the strict time limits to appeal and it is advised to obtain legal advice as soon as a decision rejecting an application is received.
The General Medical Council is the regulatory body for practicing doctors in the UK.
Their main aim is to protect the public by promoting and maintaining professional standards for doctors. They evaluate applications onto the register, update the register and conduct disciplinary proceedings against doctors if it is alleged that their fitness to practise has been impaired.
A specialist registration appeal is handled by the GMC Appeals Team independent of the registration process. It is important to note that there are strict time limits to adhere to with regards to lodging an appeal.
Appeals at the GMCcan usually be made on the following points:
To gain entry onto the Specialist Register with a Certificate of Completion of Training (CCT)
to gain entry onto the Specialist Register with a Certificate of Eligibility for Specialist Registration (CESR)
to gain entry onto the GP Register with a CCT
to gain entry onto the GP Register with a Certificate of Eligibility for GP Registration (CEGPR)
For further information at the GMC website on CESR appeals, go to the following link: www.gmc-uk.org
If you have been notified of the possibility of a fitness to practise allegation, then it is important to seek legal advice as soon as possible.
The MPTS conducts independent Panel hearings against doctors facing fitness to practise allegations. The GMC will invariably have a lawyer, usually a barrister putting forward the allegations and the evidence against the doctor.
Jayesh is a barrister regulated by the Bar Standards Board - barstandardsboard.org.uk and authorised to carry out instructions from members of the public directly.
He is a licensed practitioner who can take instructions directly from members of the public and is a licensed to conduct litigation. Members of the public, professionals, licensed access entities/individuals, and/or lay clients (as appropriate) may contact me or my chambers (33 Bedford Row, London – www.33bedfordrow.co.uk ), to obtain a quotation for legal services. Please visit the contact page on this site.
Guidance on instructing a barrister directly can be found here:
However, information on complaints and taking the matter to the Legal Ombudsman can be found here:
https://www.barstandardsboard.org.uk/for-the-public/reporting-concerns.html
https://www.barstandardsboard.org.uk/uploads/assets/20f0db2a-a40c-4af9-95b1b9557ad748e9/Public-Access-Guidance-for-Lay-Clients.pdf (please refer to paragraph 46 onwards on complaints)
The Legal Ombudsman can give you more detailed information on how to make a complaint. In any event, you have a right to complain by contacting the Legal Ombudsman. You can contact the Legal Ombudsman:
By phone: 0300 555 0333
By email: enquiries@legalombudsman.org.uk
Through their website: www.legalombudsman.org.uk
By post: PO Box 6806, Wolverhampton, WV1 9WJ
If Jayesh is instructed directly by a client on an employment matter, he will normally charge a fixed fee depending on the instructions or apply an hourly rate of £325 plus VAT per hour. Please see the information below on employment tribunal matters:
Timescales
Timescales for your case may vary depending on factors such as Jayesh’s availability, the complexity of your case, the need for additional documents and the other side's approach. However, as a guide more straightforward cases tend to have a hearing date six to twelve months of a claim being made.
Fees
Jayesh may charge fixed fees, which means that we will charge you a set amount of money for the work. The table below provides estimates based on the ranges of fixed fees for Jayesh. All fees include VAT (where applicable).
If Jayesh charges fixed fees, these may vary depending on your instructions and the complexities of the matter. If you have a particularly complex case, your fees may also be higher than the estimates below. There are also likely to be additional costs of disbursements concerning travel costs out of London, accommodation, printing or posting.
|
Stage of case |
Ranges of fixed fees (estimates) |
|
Written advice on your claim |
£3000 - £3500 plus VAT |
|
Preparation of case, including meetings (limited to 2 hours) and preparation of tribunals documents, e.g. case summaries, skeleton arguments, etc. |
£3000 - £5000 plus VAT |
|
Preliminary hearing |
£750 - £1000 plus VAT |
|
Day's tribunal appearance |
£750 - £1000 plus VAT |
|
Remedy hearing |
£1500 plus VAT plus preparation |
|
Normal hourly rate |
£325 per hour plus VAT |
Contact Us
All information is correct as of January 2020, but fees are estimates only. For a quotation, please contact the clerks on 0207 242 6476 or clerks@33bedfordrow.co.uk
Further information on fees can be found here:
On other matters, Jayesh usually charges a fixed fee plus VAT and disbursements. The fixed fee will be dependent on the work required to be carried, estimated to a length of time in hours. Jayesh undertakes work in the following areas:
Please contact Jayesh via email@jayeshjotangia.com for a quote.
Jayesh is a registered member of the Bar Council. His details can be found here:
If you experiencing difficulties in accessing any information on this site, then please contact Jayesh directly on email@jayeshjotangia.com or his clerks at clerks@33bedfordrow.co.uk as this information can be readily available in another format.
Please refer to the contact page. Alternatively, Chambers address is www.33bedfordrow.co.uk
“Jayesh came highly recommended from other doctors and the choice to instruct him over others, was made on the fact that he was very approachable and took on board everything I had to say. This placed me at ease at the very outset and it was the best decision to have instructed him. In addition, his cross-examination skills in court were simply brilliant and turned expert testimony upside down"
Dr S
2014 (GMC Fitness to Practise)
“Mr Jayesh Jotangia came highly recommended by a friend and he lived up to our expectations and more. He is an extremely professional lawyer with an ability to put his clients at immediate ease. He was very meticulous in drawing points that could have been easily missed and helped me to win the case. It is because of his earnest efforts that I can now practice medicine in the UK and earn a living. "
Dr B
2016 (GMC Registrations Appeals Panel)
“Without a shadow of a doubt, it was Jayesh’s excellent drafting that I succeeded in my CESR appeal against the GMC. If it were not for Jayesh’s intervention and assistance, I would not be on a specialist register now. "
Dr K
2017 (CESR appeal)
“I have been recently appointed as a community consultant paediatrician in a substantive capacity. I owe a large part of this achievement to the role Jayesh Jotangia played in helping me securing my specialist registration. My application to obtain my CESR was rejected twice by the GMC despite my hard work and effort. I believed I have secured and fulfilled all the requirement set in the Royal College curriculum. I was advised on my second application rejection that I have the right to appeal. I contacted Jayesh and asked him to act as my solicitor in the appeal process. Jayesh examined all my documents thoroughly and managed to re-organize my documents in a way relating to the curriculum, then he was very professional and meticulous in writing and dealing with the GMC. The GMC set initially a hearing date. Jayesh wrote and laid a detailed appeal on my behalf which resulted in my appeal being accepted before the hearing date. My application was approved, and I was granted the specialist registration. I found Jayesh very conscientious, systematic, knowledgeable and meticulous at his work."
Dr M
2018 (CESR appeal)
“My CESR application was initially rejected. I have applied for an appeal. I got the help of Mr. Jayesh Jotangia for legal advice and in processing my appeal. I found him to be very professional and has a great deal of experience in dealing with CESR issues. My appeal was accepted and I was added to the specialist register. I strongly recommend him for my colleagues. "
Dr E
2018 (CESR appeal)
“Mr Jotangia recently supported me in my successful Appeal to the GMC for admission to the Specialist Register via the CESR route. I found him to be very straight forward to deal with and reassuring through a stressful process. He is obviously very knowledgeable and has broad experience of the CESR process in particular, which is not necessarily the case with less specialised legal representatives. He has a pragmatic approach and I was impressed that he identified the key points that I felt were most relevant but was then very capable in applying the “legal process” to delivering these. I felt that this was the main advantage to seeking legal representation. It was his ability to set out my case and the points that I wished to raise in a formal, legal manner and to steer the process thoroughly a series of representations to a successful conclusion which I felt made his assistance invaluable and I am not sure that I would have achieved the same outcome without his support. I would therefore recommend his services in optimising an application which potentially has a huge impact on our professional careers."
Mr T
2018 (CESR appeal)