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Katie Clarke (née Henderson)

Of Counsel

Portrait of Katie Clarke (née Henderson)

Katie Clarke (née Henderson)

Of Counsel

Contact
CMS Cameron McKenna Nabarro Olswang LLP
1 The Avenue
Spinningfields
Manchester
M3 3AP
United Kingdom
Languages English

Since 2008, Katie Clarke has specialised in professional disciplinary and regulatory law. Katie is Of Counsel in the Professional Discipline and Regulatory Team which sits within the Litigation and Arbitration department. Katie acts on behalf of both the regulators (prosecuting practitioners) and regulated individuals (defending practitioners) in professional disciplinary proceedings and other associated proceedings such as statutory appeals, Inquests, criminal investigations and judicial reviews. 

In addition, Katie regularly advises clients in relation to regulatory requirements, safeguarding, policies, processes and investigations in respect of the health, social care and education sectors in all four nations of the UK. This includes advice in respect of the requirements of the Care Quality Commission and Ofsted, along with their associated equivalents in the other nations. 

Clients include the General Optical Council, General Pharmaceutical Council, Royal Institution of Chartered Surveyors, Medical Defence Union and Medical Protection Society.  

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Ranked as a ‘Rising Star’ in Professional Discipline.

Legal 500, 2022

"Katie Clarke frequently assists healthcare regulators with the prosecution of registrants. She is also skilled in defending MDU members in MPTS hearings’. Ranked as an ‘Associate to Watch’ in Professional Discipline."

Chambers & Partners, 2022

The 'always calm and focused rising star' Katie Henderson is 'an extremely intelligent, hardworking associate with an exceptional eye for detail and immaculate case preparation.'

Legal 500, 2019

‘efficient’ and ‘hardworking’, who ‘handles work well beyond her seniority as a solicitor with aplomb.’

Legal 500, 2018

Ranked as a ‘Rising Star’ in Professional Discipline.

Legal 500, 2022

"Katie Clarke frequently assists healthcare regulators with the prosecution of registrants. She is also skilled in defending MDU members in MPTS hearings’. Ranked as an ‘Associate to Watch’ in Professional Discipline."

Chambers & Partners, 2022

The 'always calm and focused rising star' Katie Henderson is 'an extremely intelligent, hardworking associate with an exceptional eye for detail and immaculate case preparation.'

Legal 500, 2019

‘efficient’ and ‘hardworking’, who ‘handles work well beyond her seniority as a solicitor with aplomb.’

Legal 500, 2018

Relevant experience

  • Lego – multi-jurisdictional advice regarding education regulation in the UK, Europe and worldwide.
  • Investors in a large organisation of children and adult service provisions – conducting an investigation in relation to one of the largest children and adult services provisions in the UK following Police involvement and suspension of registration of a children’s home. The investigation incorporated all children’s services (children’s homes and independent special schools) and a sample of the adult services provisions to ensure compliance with the regulatory framework and that policies and processes were properly embedded. 
  • General Optical Council - prosecuting an optometrist regarding clinical concerns in respect of over 70 patients and the use of an unrecognised test, which it was alleged, had no clinical benefit, in a heavily contested case with a three-week hearing. 
  • Medical Defence Union - Representing a doctor successfully in an appeal in the High Court against the decision of the regulator, regarding allegations of sexually motivated behaviour found against him. 
  • Medical Defence Union – Representing a doctor in General Medical Council (“GMC”) proceedings brought as a result of safeguarding proceedings. Successfully submitting case closure after the GMC had presented their evidence.
  • NHS Trust – representing an NHS Trust in relation to a multi-party safeguarding investigation in conjunction with the Clinical Commissioning Group and Council. This included conducted an investigation on the papers together with interviews, then preparing a report concerning the findings.  
  • A leading broadcaster – advising in relation to the regulatory framework applicable to the provision of remote private GP services (via telephone and video) as a service to be provided to staff members via a third party as a benefit. This included advice prior to commencing the procurement process including in respect of the healthcare areas of the Contract Terms to be issued to the successful provider.
  • A regulated domiciliary care service and an unregulated supported accommodation service provider – advising the client following a rating by the Care Quality Commission (“CQC”) as inadequate and in relation to potential criminal enforcement action including whether the CQC had jurisdiction. 
  • Various investor clients and organisations in the health, social care and education sectors in relation to the regulatory requirements for establishments such as independent schools, foster agencies, care homes, children’s homes, hospitals and colleges across the UK (including transactions in excess of £100m). 
  • A developer and registered pharmacy business – Advising a developer and pharmaceutical business in relation to an application to NHS England to open a new pharmacy offering unforeseen benefits. This included advice regarding ongoing General Pharmaceutical Council investigations and the potential impact in respect of NHS England’s fitness checks. 
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Memberships & Roles

  • Member of the Association of Professional Disciplinary Lawyers.
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Education

  • 2007 – LPC, Manchester Metropolitan University, Manchester.
  • 2006 – LLB (Hons), Manchester Metropolitan University, Manchester.
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Expertise

Feed

14/06/2022
Ex­pert child pro­tec­tion units –  will they provide much needed na­tion­al...
In Ju­ly 2018, the in­de­pend­ent na­tion­al Child Safe­guard­ing Prac­tice Re­view Pan­el (‘the Pan­el’), was set up as an in­de­pend­ent body to identi­fy, com­mis­sion and over­see re­views of ser­i­ous child safe­guard­ing...
Law-Now Life Sciences & Healthcare
28/04/2022
Gov­ern­ment failed care home res­id­ents with ‘un­law­ful’ hos­pit­al dis­charge...
The High Court re­leased their judg­ment yes­ter­day in the ju­di­cial re­view pro­ceed­ings brought by Dr Cathy Gard­ner and Fay Har­ris, whose fath­ers Mi­chael Gib­son and Don­ald Har­ris, died in care homes after...
Law-Now Coronavirus (COVID-19)
10/03/2022
Re­vok­ing the man­dat­ory Cov­id-19 vac­cine – has the dam­age already been done?
Since our art­icle in Oc­to­ber 2021 there has been much change in the health and so­cial care sec­tor in re­la­tion to man­dat­ory Cov­id-19 vac­cines. By way of back­ground, all those work­ing with­in a care home...
Law-Now Coronavirus (COVID-19)
22/10/2021
Man­dat­ory COV­ID-19 Vac­cin­a­tions – will they be man­dated in the wider health...
In ‘Man­dat­ory COV­ID-19 Vac­cin­a­tions – is a risk to pa­tient care in­ev­it­able?’ we dis­cussed the leg­al re­quire­ment for those work­ing in a care home to be fully vac­cin­ated, un­less ex­empt, by 11 Novem­ber...
Law-Now Coronavirus (COVID-19)
16/09/2021
Man­dat­ory COV­ID-19 Vac­cin­a­tions – is a risk to pa­tient care in­ev­it­able? 
The Health and So­cial Care Act 2008 (Reg­u­lated Activ­it­ies) (Amend­ment) (Coronavir­us) Reg­u­la­tions 2021 will re­quire any­one work­ing in a Care Qual­ity Com­mis­sion (CQC) re­gistered care home in Eng­land to...
Law-Now Coronavirus (COVID-19)
29/05/2020
The On­line Harms White Pa­per: can pro­gress be made dur­ing the COV­ID-19...
In March 2020, the In­de­pend­ent In­quiry in­to Child Sexu­al Ab­use (“the In­quiry”) pub­lished The In­ter­net In­vest­ig­a­tion Re­port (“the Re­port”) which con­cluded that reg­u­la­tion of the in­ter­net in­dustry...
Law-Now Coronavirus (COVID-19)