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Case management and apparent bias

A recent Court of Protection judgment is a salutary warning on the dangers of judges giving early indications of the conclusions they are like to reach. The CoP team at 39 Essex Chambers reports.

News headlines

Apr 26, 2018

NICE defends guidance on spotting injuries to babies after criticism from researchers

The National Institute for Clinical Excellence (NICE) has defended its guidance on spotting injuries to babies after criticism from researchers on television.
Apr 24, 2018

NHS trust fined £300k over failure to control risk of legionnaires disease

A NHS trust has been fined £300,000 after failing to control the risk to patients from exposure to legionella bacteria in its water systems.
Apr 24, 2018

MPs urge Government and Ombudsman to improve handling of NHS complaints

MPs have urged the government to take action to improve the NHS complaints system, properly investigate cases of historic injustice and modernise the legislation for England's Ombudsmans' services.
Apr 23, 2018

Ex-hospital worker prosecuted for inappropriately accessing patient records

A former receptionist of a Milton Keynes hospital trust has become the latest NHS employee to be prosecuted for accessing patient records without authorisation.
Apr 20, 2018

Council and NHS Property Services lose Court of Appeal cases on village greens

The Court of Appeal has handed down a key ruling in conjoined cases covering village greens, land owned by public bodies and the concept of “statutory incompatibility”.
Apr 20, 2018

Judge to give directions in NHS trusts business rates dispute

A judge was due this week to give directions in a case being brought by a group of hospitals who claim they should not be liable for business rates.
Apr 19, 2018

Judge rejects bid by council to obtain wardship over ill child

A High Court judge has rejected an attempt by the London Borough of Croydon to obtain wardship over a seriously ill child.
Apr 17, 2018

MPs express “serious concerns” about ability of NHS Digital to protect patient data

MPs on the influential Health and Social Care Committee have raised “serious concerns” about NHS Digital’s ability to protect patient data, in a report into a memorandum of understanding on data-sharing between NHS Digital and the Home Office in…

Features and analysis

Supply chain visibility

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Following the government's publication of a new procurement policy note on supply chain visibility, do you need to update your T&Cs? Ruth Smith explains.

CPO and compensation: key changes

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Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.

Funding continuing care

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A judge has confirmed that a clinical commissioning group has no legal power to fund a continuing care patient for whom it had no statutory responsibility. David Lock QC explains why.

Principles for reforming social care

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Will Jeremy Hunt's principles for social care reform be a game changer for the sector? Stuart Marchant analyses the Health and Social Care Secretary's proposed approach.

Multiple allegations of misconduct

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In situations where there are multiple allegations of misconduct, employers need to tread carefully to avoid unfair dismissal, writes Mark Foster.

NHS trusts and health and safety fines

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A £2m fine against Southern Health NHS Foundation Trust is the highest financial penalty imposed against a Trust for health and safety offences. Graeme Irvine considers the ruling.

TUPE and gaps between contracts

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The Advocate General of the European Court of Justice has confirmed that a five-month gap in operations does not necessarily prevent TUPE applying. Doug Mullen looks at practical guidance for employers where there is a gap in operations.

GDPR and contract negotiations

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Azhar Ghose highlights some of the issues that have arisen in contract negotiations of GDPR clauses.

Older articles

Apr 20, 2018

Case management and apparent bias

A recent Court of Protection judgment is a salutary warning on the dangers of judges giving early indications of the conclusions they are like to reach. The CoP team at 39 Essex Chambers reports.
Apr 19, 2018

Judge rejects bid by council to obtain wardship over ill child

A High Court judge has rejected an attempt by the London Borough of Croydon to obtain wardship over a seriously ill child.
Apr 17, 2018

MPs express “serious concerns” about ability of NHS Digital to protect patient data

MPs on the influential Health and Social Care Committee have raised “serious concerns” about NHS Digital’s ability to protect patient data, in a report into a memorandum of understanding on data-sharing between NHS Digital and the Home Office in…
Apr 13, 2018

Multiple allegations of misconduct

In situations where there are multiple allegations of misconduct, employers need to tread carefully to avoid unfair dismissal, writes Mark Foster.
Apr 13, 2018

Funding continuing care

A judge has confirmed that a clinical commissioning group has no legal power to fund a continuing care patient for whom it had no statutory responsibility. David Lock QC explains why.
Apr 13, 2018

Principles for reforming social care

Will Jeremy Hunt's principles for social care reform be a game changer for the sector? Stuart Marchant analyses the Health and Social Care Secretary's proposed approach.
Apr 12, 2018

Government issues procurement policy note in bid to boost supply chain visibility

The Crown Commercial Service (CCS) has issued a procurement policy note setting out new measures intended to increase the visibility of subcontracting opportunities in Government supply chains.
Apr 10, 2018

NHS Counter Fraud Authority secures first conviction

The NHS Counter Fraud Authority (NHSCFA) has secured its first conviction since its establishment as a new Special Health Authority in November 2017.
Apr 10, 2018

NHS Counter Fraud Authority secures first conviction

The NHS Counter Fraud Authority (NHSCFA) has secured its first conviction since its establishment as a new Special Health Authority in November 2017.
Apr 06, 2018

Developer contributions: reforms

The regime for developer contributions is set to be reformed. Stephanie David examines the proposals in the government's consultation.
Apr 06, 2018

TUPE and gaps between contracts

The Advocate General of the European Court of Justice has confirmed that a five-month gap in operations does not necessarily prevent TUPE applying. Doug Mullen looks at practical guidance for employers where there is a gap in operations.
Apr 06, 2018

GDPR and contract negotiations

Azhar Ghose highlights some of the issues that have arisen in contract negotiations of GDPR clauses.
Apr 04, 2018

RICS consults on Code for Leasing Business Premises to make legal drafting efficient

The Royal Institution of Chartered Surveyors (RICS) has released a consultation on the Code for Leasing Business Premises.
Apr 04, 2018

Official Solicitor loses bid for costs over withdrawn deprivation of liberty test cases

The Official Solicitor has failed in a bid to recover costs in the Court Of Protection from a clinical commissioning group that withdrew test cases aimed at seeking clarification of the law concerning the deprivation of liberty of mentally…
Apr 04, 2018

Official Solicitor loses bid for costs over withdrawn deprivation of liberty test cases

The Official Solicitor has failed in a bid to recover costs in the Court Of Protection from a clinical commissioning group that withdrew test cases aimed at seeking clarification of the law concerning the deprivation of liberty of mentally…
Mar 29, 2018

Interpreting overage clauses

Overage continues to be a potential minefield. James Hall analyses the latest case on interpretation of a clause.
Mar 29, 2018

Failing to meet criteria

A recent case has shown the importance of contracting authorities making clear the criteria they apply to procurement exercises and the implications of failing to meet any of these. Tiffany Cloynes and Clare Hardy consider the ruling.
Mar 29, 2018

NHS trusts and health and safety fines

A £2m fine against Southern Health NHS Foundation Trust is the highest financial penalty imposed against a Trust for health and safety offences. Graeme Irvine considers the ruling.
Mar 29, 2018

NHS trusts and health and safety fines

A £2m fine against Southern Health NHS Foundation Trust is the highest financial penalty imposed against a Trust for health and safety offences. Graeme Irvine considers the ruling.
Mar 29, 2018

The choice for P in practice

The Court of Protection team at 39 Essex Chambers examine a judge's ruling over whether a stroke victim should stay in a care home near two of her children or be moved outside the area to her daughter-in-law's home and close to other family members.

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