Adam Smith

Adam joined Hempsons in January 2020 as part of our merger with Eastwoods, having originally trained at Hempsons in the 1990’s. Adam was one of the three founding solicitors at Eastwoods and became a partner in 2008.  

Adam has been ranked in “Professional Discipline” for some years in Chambers & Partners (currently Band 3) and is recognised as a “Leading Individual” in professional discipline by the Legal 500.  

Adam’s defence practice covers regulatory and disciplinary (GMC/MPTS, GDC, HCPC, NMC and police discipline), crime (particularly sexual assault, gross negligence manslaughter and fraud/dishonesty) and inquests, alongside his growing practice representing police officers in criminal matters, IOPC and gross misconduct proceedings, Police Appeals Tribunals, Judicial Review and Post-Incident Procedures.

Recent significant work includes being part of the team working for a client on the UK Covid-19 Inquiry, successfully defending a client in a multi-handed 6-week bribery trial following an NHS Counter Fraud Authority investigation and advising a large mental health NHS trust regarding its inquests work.

Adam jointly heads the police team which, in 2023, gained a ranking in Chambers & Partners for the first time.

Adam also sits part time as an Assistant Coroner in both Milton Keynes and Inner North London.

Main areas of expertise

• regulatory defence
• criminal defence
• representation of police officers
• inquests
• judicial Review/appeals

Regulatory Defence

This has always been at the core of Adam’s practice.  Indeed, the commencement of Adam’s training coincided with the GMC’s professional conduct committee hearing regarding paediatric cardiac surgery at the Bristol Royal Infirmary, then the longest running GMC hearing, much of which Adam attended.  Since then, he has represented numerous professionals in regulatory matters at the Medical Practitioners Tribunal Service (MPTS)/General Medical Council (GMC), General Dental Council (GDC), Health & Care Professions Council (HCPC), Nursing and Midwifery Council (NMC), Institute and Faculty of Actuaries (IFoA), General Osteopathic Council (GOsC) and, unusually, Royal Pharmaceutical Society (RPS).

This includes assistance throughout regulatory investigations, from the initial stages through provision of observations (with many cases concluding at this stage), gathering of evidence and preparation for substantive hearings. Adam conducts advocacy at interim order and review hearings and works with counsel at lengthier, occasionally high-profile substantive hearings.

Adam was invited to speak on the subject of interim orders at a major annual conference in the regulatory field.

He has sound knowledge of hospital trust disciplinary procedures (under MHPS – “Maintaining High Professional Standards in the Modern NHS”) and NHS England (Performers List) procedures, having dealt with many of these during his career.  This includes representation at suspension hearings and appeals to the First Tier and Upper Tribunals.  Adam conducted a two-day mediation on behalf of a hospital consultant, leading to a favourable compromise of High Court proceedings against her employing trust.

Adam also has a growing practice helping professionals regarding “minded to bar” letters from the DBS and disclosures contained in enhanced DBS certificates, challenging them where appropriate.

Criminal Defence

Adam has considerable experience representing individuals facing criminal proceedings including, in particular, sexual assault, gross negligence manslaughter and NHS counter-fraud matters, including conducting an appeal to the Court of Criminal Appeal.

He recently successfully defended a pharmacist, having acted for the client during the course of a years-long NHS Counter Fraud Authority investigation, culminating in a 6-week multi-handed Crown Court trial.

Adam attends police interviews and, where an individual is charged, assists throughout the process, including advocacy at Magistrates Court hearings, collation of evidence, preparation for trial and instruction of counsel for Crown Court and Magistrates trials. These cases can attract substantial press interest and Adam is experienced at managing clients through these inevitably stressful proceedings.

Police Officer Representation

Adam jointly heads the firm’s Police team, after he and Surjit Dubb created the practice when at Eastwoods and brought it to Hempsons. 

He has a growing practice acting on behalf of individual police officers, instructed by the Police Federation of England and Wales or the insurers which also support this field of work.  This work is very varied and can involve Adam in attending Post-Incident Procedures (to assist officers in providing accounts immediately after an incident involving the death of, or serious injury to, a member of the public), attending interviews under caution with the IOPC and assisting at all stages of Misconduct/Gross Misconduct and criminal proceedings, including at criminal trials (most recently with the successful acquittal after a one-week trial of an officer charged with assault occasioning ABH).

He has also been instructed in Judicial Review cases involving matters of particular importance to the institutional client and the field as a whole.

With his inquests background, Adam can also advise officers throughout inquest proceedings.

Inquests

These matters require great sensitivity and often will arise where there are other, concurrent investigations of the same matters, for example by a regulator or a criminal investigation.  Adam’s ability to advise regarding an inquest as well as these other investigations enables greater continuity for the client.

Adam’s assists individuals called to give evidence at an inquest or afforded full representation (as an “Interested Person”) to question other witnesses.  In many of these cases, Adam has undertaken the representation at the inquest itself, as well as at Pre-Inquest Review hearings.  In other cases, including more lengthy inquests, Adam will undertake all of the preparatory work, teaming up with counsel for the inquest hearing.

Adam sits part-time as an Assistant Coroner.

Judicial Review / Appeals

Adam has conducted a number of Judicial Reviews and statutory appeals, including ongoing Judicial reviews regarding police matters.

In some cases it has been possible to achieve the client’s desired outcome from “pre-action” correspondence.  In others, Adam has worked alongside counsel in bringing these cases to a High Court hearing.  As well as the current Judicial Reviews in police matters, these cases have generally arisen in the context of regulatory decisions or disclosure on enhanced DBS certificates.

Adam represented the doctor in the well-known case of R (Sosanya) v GMC (2009).  He has also been involved in criminal appeal proceedings.

Range of clients

• Individual doctors, dentists, nurses and other healthcare practitioners
• Police officers
• Other professionals
• Medical and dental defence organisations
• Police Federation of England & Wales

Qualifications

• Post-graduate Diploma in Law, College of Law, York (1996)
• LL.B. (Hons), University of Hull (1995)
• A-levels, King Edward VII School, Sheffield (1992)

Professional memberships

• Member: Association of Regulatory and Disciplinary Lawyers (ARDL)
• Member: Health & Safety Lawyers Association (HSLA)
• Member: Pharmacy Law & Ethics Association (PLEA)

“Adam Smith possesses a wealth of expertise in defending clients facing GDC, GMC and HCPC investigations into allegations of inappropriate behaviour, dishonesty and sexual assault. He is also noted for his representation of police officers facing claims of misconduct.” (Chambers and Partners)

“He is a super solicitor – he’s incredibly organised and has a very calm manner with clients and litigation. His drafting and communication skills are excellent.” (Chambers and Partners)