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.
Successfully prevented closures of services and secured permanent changes to CQC’s standard inspection report wording.
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.
Provided a comprehensive registration service including coordination of registration applications in Scotland and Isle of Man.
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.
Representation in eventual CQC prosecutions.
Criminal Regulatory Investigations
Advice and representation of a large care home group following a fatal fire.
Successfully navigated an internal investigation, police and CQC investigations, inquest and civil claim.
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.
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 Browne Jacobson apart from [competitor firms].”
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Shared Insights: CQC enforcement and prosecution in the health and care sector
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Duty of Candour review: Submission to the Department of Health and Social Care
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Join Browne Jacobson and our guest speakers for this on-demand webinar which looks into the Future of Care.
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Shared Insights: the Covid-19 pandemic - workforce challenges for NHS trusts
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Care Business Briefing - Future of Care Special
Catch up on our on-demand video where our Health specialists talked about the Future of Care with discussions about social care in an ICS world, the future of mental health and learning disability and retirement living.
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Shared Insights: What individuals and NHS organisations should expect from the regulators in 2021
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Care business briefing
Browne Jacobson, BKR Care Consultancy & HSBC UK are pleased to invite you to our webinar looking at the regulatory aspects of care, with an update from a Regulatory barrister as well as a Q&A with a panel of experts.
On-Demand - Shared Insights
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Video
Care Quality Commission and health & care regulatory update 7 November
Carl May-Smith provides an update on CQC & Competitions & Markets Authority enforcement.
On-Demand
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.