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 social care (CQC) practice and work representing police officers in criminal matters, IOPC and gross misconduct proceedings, Police Appeals Tribunals, Judicial Review and Post-Incident Procedures.

Recent significant work includes representing the Police Federation of England & Wales in its intervention in a judicial review by the Chief Constable of Thames Valley Police in 2024, 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 is one of three partners who helped the police team gain a ranking in Chambers & Partners for the first time, in 2023.

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, including NHS Counter Fraud investigations
• Inquests
• Social care (defending CQC investigations)
• Judicial Review/appeals
• Representation of police officers

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), General Optical Council (GOC), 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 appeal to the Court of Criminal Appeal. Adam has considerable experience representing individuals facing criminal proceedings including, in particular, sexual assault, gross negligence manslaughter and NHS counter-fraud matters, including appeal to the Court of Criminal Appeal. This includes extensive experience representing doctors facing such allegations, where additional specialist expertise (beyond being a criminal practitioner) is required to appreciate the potential professional ramifications and guard against them as far as possible. Having represented doctors for over 25 years, Adam has this expertise.

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.

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 (or organisations whose employees are) 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.

Social care

Adam has a growing practice assisting organisations through CQC investigations, including drafting the necessary response to the CQC.

Judicial Review / Appeals

Adam has conducted a number of Judicial Reviews and statutory appeals.

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. These cases have been in the context of regulatory decisions, disclosure on enhanced DBS certificates and regarding police disciplinary procedures.

Adam represented the Police Federation of England & Wales in its intervention in R (CC of Thames Valley Police) v LQC [2024] EWHC 1454 (Admin), successfully arguing that pre-attestation conduct is not, per se, susceptible to police misconduct procedures. He also represented the doctor in the oft-cited case of R (Sosanya) v GMC [2009] EWHC 2814 (Admin). He has been involved in criminal appeal proceedings.

Police Officer Representation

Adam and Surjit Dubb brought their fledgling police officer defence practice to Hempsons from Eastwoods, since which they have grown it considerably. 

The team is instructed by the Police Federation of England and Wales or insurers supporting this field of work. This work 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.

He has also been instructed in three Judicial Review cases during 2023 and 2024, involving matters of particular importance to the institutional client and the field as a whole, including the PFEW intervention referred to above.

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

Range of clients

• Individual doctors, dentists, nurses and other healthcare practitioners
• Police officers
• Other professionals
• Medical and dental defence organisations
• CQC registered providers
• 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)