Mark Ruffell - Regulatory and Disciplinary

Mark Ruffell - Regulatory and Disciplinary profile

Mark is head of Pump Court Chambers Regulatory and Disciplinary Team. He has a wide range of experience in regulatory and disciplinary cases. 

Mark's broad regulatory expertise includes cases of director disqualification, planning enforcement, enforcement of developer contributions, breaches of environmental legislation, licensing appeals, breaches of the consumer credit act, breaches of trading standards and he has advised companies on the regulatory regime at the World Bank. He was defence counsel originally instructed in Dorset County Council v. Lapland New Forest. 

Mark has represented operators and transport managers in public inquiries held by Traffic Commissioners. He has represented those appealing against the revocation of Private Hire Licences as well as clients charged with Road Traffic Offences. He has represented Driving Instructors appealing decisions affecting their registration. He has a knowledge of Health and Safety procedure.

Mark has special expertise in relation to Care Homes. He has appeared before the Care Standards Tribunal appealing decisions by the Care Quality Commission in relation to Care Homes and Domicilliary Care Providers. He has been involved in cases involving nurses accused of misconduct before the NMC in relation to residents in care homes and he has been involved in criminal cases involving a care home worker who was accused of ill-treating residents who lacked capacity. 

In relation to disciplinary cases, Mark represents registrants / members before their disciplinary bodies. Mark is able to advise and represent Police Officers subject to UPP's and matters relating to their conduct and performance. In addition, Mark is a Legal Adviser to the General Pharmaceutical Council (GPhC), the Association of Chartered Certified Accountants (ACCA), the Nursing and Midwifery Council (NMC), the Chartered Institute of Legal Executves (CiLEX) and the General Chiropractic Council (GCC). Mark is a Disciplinary Panel member of the Taxation and Disciplinary Board (TDB).

Mark has dealt with Parole Board hearings and attended Coroners’ Courts on behalf of the deceased’s family.

Mark has also been instructed in numerous cases of money laundering, tax evasion and confiscation (including proceedings in the civil jurisdiction and criminal jurisdictions for confiscation). He has also advised companies on bribery and corruption allegations.

Examples of previous regulatory cases:

  • Licensing: S. Restaurant v WCC: Represented S. Restaurant who faced having their alcohol licence removed for serious contraventions of their licence. Winchester City Council.
  • Care Standards Tribunal: TEL v CQC: Represented TEL who were appealing a condition placed on their registration.
  • Care Standards Tribunal: AU v CQC: Represented a care home provider who appealed the decision of the Care Quality Commission to cancel his registration.
  • Defence: Advised scrap metal dealer on Scrap Metal Dealers Act 2013.
  • Defence: Planning enforcement trial - Winchester Crown Court
  • Breach of Consumer Credit Act case brought by Birmingham City Council on behalf of another authority: (Defence) advised Defendant that there was no case to answer and prosecution offered no evidence
  • Dorset County Council v. M. & Another: 2010: Defence: Instructed (prior to trial) to defend Director of Lapland New Forest who was prosecuted by Trading Standards – Bristol

Contact

Overview

Year of call: 1992
Appointments:
  • Deputy Chancellor of the Diocese of Winchester
  • Legal Adviser to the GPhC, ACCA, NMC, GCC and CiLEX
  • Disciplinary Panel member of the Taxation Disciplinary Board (TDB)
Areas of specialism:
  • Administrative and Public Law
  • Business and Commercial
  • Courts Martial
  • Criminal
  • Ecclesiastical / Religion
  • Inquests and Inquiries
  • Public Access and Direct Access
  • Regulatory and Disciplinary
  • Transport Law
Additional languages:
  • French
Qualifications:
  • Bachelor of Divinity (B.D. Hons. Lond., A.K.C.)
  • Diploma in Law (University of Westminster) 1991
  • Called to the Bar 1992 (Middle Temple)
Professional associations:
  • Criminal Bar Association
  • Ecclesiastical Law Society
  • Ecclesiastical Judges’ Association
  • Western Circuit
  • Association of Regulatory and Disciplinary Lawyers
  • Association of Road Transport Lawyers
Outside Interests:
  • Mark is a former FA level 1 football coach and team manager, as well as being a Churchwarden and Borough Councillor.
  • Former member of a Licensing Authority’s Licensing Committee.
  • Member of Local authority crime and disorder panel from 2002-5.
  • Advisor to the Shadow Parliamentary Front Bench on Home Affairs from 1999-2001 (Mode of Trial Bill and Private Security Industry Bill).
  • Member of Local authority internal employment tribunal chairman from 1993-4.
Notable Cases:
  • R. v. Midmore [2017] EWCA Crim 533; Criminal Law Week 2017- hearsay in text messages
  • R. v. Martin [2014] EWCA Crim 1940; [2015] 1WLR 588; [2015] 1CrAppR 11; [2015] Crim LR 83 - meaning of supply
  • S, Burt & Others [2005] EWCA Crim 3616; Archbold 2018 5-507- extended sentences