Megan
Fletcher-Smith

Megan is regulatory instructed by the main nursing and midwifery unions to represent their members in complex, lengthy hearings.

Megan also has experience representing social workers, psychologists and other health care workers. She has significant experience in fitness to practice cases relating to misconduct, competence, convictions, cautions and criminal investigations, as well as matters related to Registrant’s health.

She has enjoyed significant success in substantive hearings and has been praised by registrants and solicitors for her calm and friendly manner, her forensic attention to detail and her carefully constructed cross-examinations.

She regularly provides training and updates to solicitors in this field, as well as to regulated professionals.

Megan has also gained experience in representing professionals named as Interested Persons in Article 3 Inquests. Her significant experience in cross-examining expert witnesses provides a solid base upon which she is able to build, to demonstrate a breach in the chain of causation. Her forward-looking pragmatism gives her the foresight to effectively represent at Pre-Inquest Review hearings, where the scope of the inquest is determined.

Megan has experience in representing professionals named as Interested Persons in Article 2 and 3 Inquests. Her significant experience in cross-examining expert witnesses provides a solid base upon which she is able to build, to demonstrate a breach in the chain of causation. Her forward-looking pragmatism gives her the foresight to effectively represent at Pre-Inquest Review hearings.

Her ability to understand voluminous documentary evidence, including medical documentation, has proved helpful in determining the witnesses to be required, and the submission to be made.

Criminal (Defence)

R v D (2025) – Indictment stayed as an abuse of process after significant concerns regarding the police investigation and disclosure were discovered by Megan.

R v P (2024) – Successful defence of sexual assault and rape allegations involving an alleged power-imbalance between the Defendant and the Complainant. Megan was able to identify and display discrepancies and inconsistencies in the evidence, as well as significant failings in the police investigation.

R v E(2024) – Successful defence of violent disorder linked to a murder trial. Megan was able to demonstrate, on a successful submission of no case to answer, that the facts relied upon were insufficient for a jury to construe a threat of violence. It was not capable of establishing the type of pervasive menace required.

R v W (2024) – Successful defence of s.18 GBH involving an assault to the face with an axe,. The Defendant had purportedly been identified by one person known to him and one not known to him, and was also said to be linked to the offending by cell-site data.

R v Ht (2024) – Successful defence of an aggravated burglary, despite video and audio evidence, and the Defendant accepting having a knife about his person.

R v D [2022] – co-defended a matter of child cruelty, in which allegations included bites and assaults upon a young child. Megan represented the first defendant in this matter. She made successful legal submissions and was praised for her conduct of the case.

B v R [2019] – Megan’s client was sentenced for blackmail, following an early guilty plea. On appeal to the Court of Appeal, Megan successfully submitted that, although there are no Sentencing Council guidelines for the offence of blackmail, the Judge should have had regard to the guideline for Disclosing Private Sexual Images Without Consent, despite the gravamen of blackmail not being present in a s.33 offence. This led to the appellant’s sentence being reduced by 25%.

Professional Discipline

Hindle v NMC [2025] – Represented a school nurse accused of a wide array of failings. Successful on appeal to the High Court who made significant criticisms of the way in which the NMC panel had gone about finding charges proved, and the lack of reasoning in their determination.

NMC v B (2023) – represented a midwife accused of dishonesty after a baby was born in poor condition. It was alleged that the midwife had inserted notes into the documentation regarding conversations which did not take place. Megan’s identified and demonstrated that there were significant flaws in the Trust’s investigation and NMC’s evidence. The charges were found not proved.

NMC v H (2021) – represented a midwife, faced with charges relating to clinical failings, alleged to have contributed to the death of a baby. Much of the parent’s evidence was in dispute. Megan sensitively handled the questioning of grieving relatives and was able to demonstrate inconsistencies and illogical conclusions. The panel determined that the charges were not proved.

NMC v J (2021) – represented a midwife in a long-running case; in which contribution to the death of a baby was alleged. With substantial disagreements as to the interpretation of CTG evidence, Megan was able to grasp the medical terminology to effectively question numerous witnesses. The preparation and presentation of her case led to a favourable outcome. Megan was the most junior barrister involved in this five-handed hearing, representing the registrant facing the most serious allegations.

Inquests

Inquest Into The Death of M (2021) – represented the Nurse in Charge of a mental health facility, during an Article 3 Inquest. Megan was able to demonstrate that the allegations against her client would not have led to a different outcome for the deceased.

“I really wanted [Megan] on this case she has been nothing but brilliant so I will be instructing her again!” – Solicitor

“If a case requires excellent cross-examination, we always as for Megan first” – Solicitor

• • The Honourable Society of the Middle Temple
  • Criminal Bar Association

Blackstones’ Entrance Exhibitioner (2015)

Megan enjoys spending time with her family; particularly outdoors. She enjoys the challenge of hillwalking; always with some of her homemade cake for celebrations at the summit.