Christina Moller

Called 2006

Booking Enquiry

Practice: Regulatory law, Professional discipline, Inquests and Inquiries 

Christina specialises in regulatory/disciplinary law in a clinical context.  With an LLM in Medical Law (Distinction) from London University, she acts for health professionals under investigation by regulators such as the Health and Care Professions Council, Nursing and Midwifery Council, British Association for Counselling and Psychotherapy, UKCP, General Chiropractic Council, General Dental Council, General Optical Council, General Osteopathic Council and General Pharmaceutical Council.

Christina has particular expertise in fitness to practise hearings and will represent health professionals at all stages from early investigation to appeal. Solicitors often instruct her to represent vulnerable clients, appreciating her analytical, non-judgmental approach and focus on achieving the best outcome. Her experience as a Legally Qualified Chair of Medical Practitioners’ Tribunals provides good insight into the approach taken by tribunals at fact-finding, impairment and sanction stages of hearings.

Although specialising in regulatory law, a background in criminal defence, mental health and human rights law enables her to represent defendants (with a psychiatric diagnosis) at Crown Court sentencing hearings and applicants for discharge from restriction orders in Broadmoor and other high-security institutions.  She has delivered seminars for MBL Seminars for the last decade and written articles on law in the national and legal press.

Christina is now developing a practice in inquests and inquiries law, with a focus on obtaining Reports on Action to Prevent Future Deaths in state custody, such as police stations, prisons and psychiatric institutions. 

Practising mainly in the London area, she travels nationwide.  Christina will accept instructions from defence organisations, regulators, solicitors and unions.

 

Memberships:

Association of Regulatory and Disciplinary Lawyers since 2010
Inquest Lawyers Group since 2019  

 

Appointments:

First-Tier Tribunal Judge (Social Entitlement Chamber) since 2011                           
Legally Qualified Chair for Medical Practitioners’ Tribunals Service since 2017
Associate panel member of Health and Care Professions Council since 2019     

Typical Cases:

Disciplinary / Regulatory

HCPC v MR – paramedic admitted one-off forgery at fitness to practise hearing – successfully argued that he should be able to continue work after a short suspension

NMC v AW – senior nurse found to have been dishonest at work by Conduct and Competence Committee given caution in recognition of health issues at relevant times

NMC v MM – successfully argued that an interim order should not be imposed on a nurse accused of inaccurate record-keeping – Interim Order Panel allowed her to continue work

HCP v JD – investigatory stage – gave advice to paramedic to provide detailed account of his actions following allegation that he had inserted tube into stomach instead of lungs of man who died – no further action

NMC v JC – senior nurse found to have left syringes of diamorphine unattended on coronary ward given a short suspension, successfully argued that work pressure contributed to this breach of Misuse of Drugs Act

Inquests

Inquest of MV – Telford Coroners Court – represented son AV (jointly) obtained Prevention of Future Deaths Report after man with dementia fell in care home

Inquest of PR – Surrey Coroners Court – pro bono advice to relatives of man who took his life after painkillers induced psychotic delusions – complex issues of causation

Mental Health / Crime

MR: application to Mental Health Tribunal at Rampton – obtained conditional discharge for man detained as a ‘technical lifer’ who had been convicted of murder of father – argued that antipsychotic medication reduced risk of further violence to minimum

SM: application to Mental Health Tribunal at Littlemore – obtained absolute discharge for man detained indefinitely for manslaughter of two strangers – neuropsychiatric report showed that an idiosyncratic reaction to antidepressants had induced psychosis at time

HJ – appeal to Upper Tribunal (mental health appeal) – successful appeal against refusal of First-tier Tribunal to discharge a Kurdish Iraqi refugee convicted of arson

R v PE – Plymouth Crown Court – successfully argued that defendant with paranoid schizophrenia should be given a Hospital Order, as opposed to a prison sentence, after she was convicted of posting malicious communications

Employment  

ML v Dr REast London Employment Tribunal – successfully argued that GP practice manager had been unfairly dismissed from work by employer – compensation awarded

C v Dr NB & Ors – Croydon Employment Tribunal – successfully represented four GP respondents whose receptionist claimed unfair dismissal – application dismissed.

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