Jayesh Jotangia

Jayesh represents professionals concerning fitness to practise allegations before the MPTS, GDC, NMC, GPhC and HCPTS. Jayesh has also sat as a Legal Assessor on a number of cases at the General Optical Council on fitness to practise hearings providing legal advice to GOC Panels. Over the years, Jayesh has developed a niche practice in GMC’s CESR application and appeals process. He has successfully managed to assist international doctors through the complex Portfolio Pathway process (previously known as CESR), where many of his doctor clients have entered the Specialist Register from a number of medical faculties.

Jayesh is on the NMC’s panel of presenting advocates and has received instructions from the BMA to advise on the GMC’s Portfolio Pathway/CESR process on behalf of doctors as he is one of an extremely few numbers of lawyers in the UK who has expert knowledge in this area. Jayesh’s client base stem from all medical faculties including Anaesthetics, Dermatology, General Surgery, Psychiatry, Trauma & Orthopaedics, Obstetrics & gynaecology, Ophthalmology, Plastic Surgery to name a few. Jayesh is commonly instructed on behalf of the HCPC in HCPTS proceedings as well as being instructed by a number of defence solicitors on behalf of health professionals.

Jayesh’s reported cases in healthcare professional regulatory matters include:

• Dr Richa Bhatia v General Medical Council [2016] EWHC 3221 (Admin)

• Akhtar v General Dental Council [2017] EWHC 1986 (Admin)

• Jain v General Medical Council [2019] EWHC 1841 (Admin)

Jayesh advises clients in Commercial Landlord & Tenant issues, Dilapidations, Forfeiture and Leases, and Possession and Renewal of Business Tenancies.

Jayesh is a qualified Mediator. In the past he has often acted as a mediation advocate on employment or small/fast/multi track cases especially in contractual disputes, but in 2020, he decided to take one step further in this field of expertise and fully qualify as a Mediator from the London School of Mediation.

Over the years, Jayesh has assisted Senior Counsel on multi-million dollar international arbitration proceedings before the London Court of International Arbitration concerning disputes between international steel companies and governments. Jayesh also drafts contracts incorporating arbitration clauses as well as drafting arbitral pleadings.

As well as being a qualified Mediator, Jayesh has completed the CIArb’s International Arbitration Law, Practice and Procedure module and is often instructed to advise on disputes between UK and Indian companies.

Over the years, Jayesh has represented Claimants and Respondents at the Employment Tribunal and the Employment Appeals Tribunal. His work has included all areas in this arena including discrimination, TUPE, unfair & wrongful dismissal, whistleblowing, etc. Given his expertise in medical matters, Jayesh is often instructed to advise and represent on disputes between medics, dentists, health professionals and their employers.

Jayesh is familiar with construction disputes and has assisted many individuals in their claims against residential contractors in multi-track proceedings. He has also represented clients in formal construction adjudication processes.

Solicitors often instruct Jayesh on matters before the Insolvency and Business Lists as well as receiving instructions direct from lay clients. Jayesh’s caseload has involved company disputes including shareholder & partnership disputes, unfair prejudice claims, challenging meetings, litigation brought pursuant to the Companies Act, directors’ and fiduciary duties by way of example. He has also advised and represented on bankruptcy petitions, applications relating to statutory demands, preferential creditors’ claims, etc.

Jayesh has advised, drafted pleadings and represented a number of professionally regulated individuals and companies on negligence matters. Because Jayesh is known by a number of doctors and dentists, he is often instructed to defend both respective practices given his increased understanding of procedures adopted due to his involvement in various CESR faculty appeals specialisms. As a result of specific specialism knowledge,  is also instructed by Claimants on various clinical negligence claims against medical professionals, including drafting pre-action protocol letters, pleadings and advocacy.