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Taylor Defence Services, run by the only person called as a member of the Faculty of Advocates to be dually qualified in law and dentistry, is leading the way in legal matters


An injection of common sense for your indemnity


A


N allegation of fraud, either by Counter Fraud Services or the Dental


Complaints Service must be a cause for concern. An allegation will find its way


to the GDC or the procurator fiscal very quickly. Do you know the law with respect to record-keeping? Is the person representing you an expert in criminal allegations? What civil or criminal legal expertise do they really have? The person representing you


ought to have a vast knowledge of your rights under Article 6 of the European Convention of Human Rights. By definition, fraud is the bringing about of some practical result by means of a false pretence. Of course there is far more to it than that. There are express and implied defences to a fraud allegation. A successful defence on this


issue was argued by myself in the High Court of Justiciary in 20ı0 (defending a £7 million


ABOUT THE AUTHOR


Neil Taylor heads up a new profes- sional indemnity company, Taylor Defence Services Ltd (TDS). He qualified in dentistry in 1991 and worked in Glasgow for 13 years. While in practice, he undertook a law degree and qualified with the LLB degree in 2003, diploma in legal practice in 2004, solicitor 2005, worked in private practice as a solicitor between 2005 and 2006 and a called member of the Faculty of Advocates in 2007.


He is, to date, the only person who has called as a member of the faculty who is dually qualified in dentistry and law. Neil taught advocacy skills to legal diploma students at the Glasgow Graduate School of Law.


He has resigned as an advocate


to provide his expertise for Scot- tish GDPs. When he left the Bar in February 2012, he was not a solicitor simply putting together a file for counsel, he was appearing in the Court of Session, the High Court of Justiciary and Appeal Courts as counsel representing criminal and civil clients (dental negligence, medical negligence and professional misconduct), and had an extremely high reputation as being a tenacious fighter with excellent advocacy skills. TDS is a new defence company to support GDPs in some worrying times. TDS, along with Giles Insur- ance Brokers and Hiscox, have developed a package of profes- sional indemnity that is unrivalled in this field.


Scottish Dental magazine 75


fraud allegation against nine accused, including a lawyer). Do you know what the defences are? There are currently ten GDPs from Scotland facing charges of fraud with the GDC. The key to claims in negligence


are causation and remoteness of damage. Proactive mitigation is required when a case can not be defended. The individual looking at your case ought to have first-hand knowledge of amounts of damages that are likely to be claimed by patients. My level of knowledge in


negligence claims is extensive and early intervention and, where necessary, negotiation is paramount in such cases. Negotiation and mitigation


are my fortés but only when the other side can prove with evidence, in accordance with the Law of Scotland, that there is a case whether in negligence, professional misconduct, fraud or any other type. There is a clear way forward with respect to your professional indemnity. This is legally qualified dentists


“There is a clear way forward with respect to your professional


with all round legal knowledge who have appeared and repre- sented clients in courts of law


® Your choice of indemnifier is crucial. TDS are now accepting transfers


indemnity” Neil Taylor BDS LLB DipLP


from other indemnifiers. For more information on what is covered and the price structure, contact Vivian Stewart Cert CII at Giles Insurance Brokers on 0131 625 9112 or contact myself directly on 07826 550 594 / 07577 486 909


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