Carl May-Smith
Barrister (Partner)
Nottingham
carl.may-smith@brownejacobson.com
+44 (0)115 934 2024
Carl is a partner and barrister specialising in regulatory and criminal law with a particular focus on the health and care sector. He provides a broad variety of advice including in relation to health and care standards (CQC and others), health and safety, fire safety, environmental regulation and criminal investigations.
Carl’s clients include care providers (independent and NHS), investors (in health and care sector businesses or otherwise), companies requiring proactive or regulatory litigation advice and public bodies.
He has considerable experience of advising and representing individuals and corporate bodies, whether they are facing regulatory or criminal investigations or proceedings, have been the victims of crime or are involved in such proceedings less directly. At other times he provides proactive advice and training to businesses and others on regulatory matters to help them avoid such issues arising.
For investors, banks and insurers, particularly in the health and care sector, Carl offers specialist due diligence services, working alongside commercial and corporate colleagues or independently to apply his wealth of experience in helping identify existing or potential regulatory risks.
He has also advised and represented national and local regulators including the Health and Safety Executive, Care Quality Commission, Natural England, local authorities and fire authorities.
Expertise
Featured experience
Challenging CQC Enforcement & Reports
Challenging CQC registration cancellations, urgent enforcement action, Warning Notices and inspection reports including Tribunal appeals.Â
Successfully prevented closures of services and secured permanent changes to CQC’s standard inspection report wording.Â
Corporate Restructuring - CQC Registration Advice
Advised upon and assisted one of the largest UK care home groups in relation to CQC registration requirements for internal restructuring.Â
Provided a comprehensive registration service including coordination of registration applications in Scotland and Isle of Man.Â
CQC Prosecutions of NHS Trusts
Advising acute hospital Trusts in respect of police manslaughter investigations and associated CQC criminal investigations following patient deaths, including consideration of individual clinician liabilities.Â
Representation in eventual CQC prosecutions.Â
Criminal Regulatory Investigations
Advice and representation of a large care home group following a fatal fire.Â
Successfully navigated an internal investigation, police and CQC investigations, inquest and civil claim.Â
Achieved reduction in charges following fire authority prosecution, now before Court of Appeal in respect of the interpretation of fire safety duties and the Mental Capacity Act.Â
Testimonials
“[Carl’s] strategic advice assisted in [our business] re-setting the relationship with the CQC … the Care Standards Tribunal [proceedings] played a part in a more constructive relationship developing.”
"[Carl’s work for us] showed a skilled and nuanced approach that sets °ÄÃÅÁùºÏ²Ê×ÊÁÏ apart from [competitor firms].”
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Care Quality Commission and health & care regulatory update 7 November
Carl May-Smith provides an update on CQC & Competitions & Markets Authority enforcement.
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CQC and health and care regulatory update - June 2019
Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers.