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Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers and the Legal Action Group, set out the key considerations.

News headlines

Dec 08, 2017

Browne Jacobson boosts health litigation practice in London with partner hire

Browne Jacobson has boosted its health advisory litigation practice in London with the hire of clinical negligence partner Matthew Trinder from BLM.
Dec 01, 2017

Government “slow and complacent” over clinical negligence costs rise: MPs

The Government has been “disappointingly slow and complacent” in its response to the rising costs of clinical negligence, MPs on the influential Public Accounts Committee have said.
Nov 30, 2017

Virgin Care and CCGs settle procurement dispute over childrens services contract

Virgin Care is understood to have been paid compensation by clinical commissioning groups in Surrey CCG after it lost a contract to provide children’s health services in part of the county.
Nov 27, 2017

Minister orders review into harassment and intimidation near abortion clinics

The Home Secretary has ordered an in-depth assessment of protests outside abortion clinics following concerns about the tactics of some protesters.
Nov 22, 2017

Budget 2017: key policy decisions

Local Government Lawyer sets out a number of the key policy decisions contained in the Chancellor of the Exchequer’s 2017 Budget.
Nov 20, 2017

Councils, providers implement 1,300+ recommendations on adult social care: LGO

Councils and care providers implemented more than 1,300 recommendations in relation to adult social care in 2016/17, the Local Government and Social Care Ombudsman’s annual review of complaints in the area has revealed.
Nov 16, 2017

ICO brings 8th prosecution in 2017 over NHS employees unlawfully accessing records

A nursing auxiliary in Wales has been fined for accessing a patient’s medical records without a valid legal reason – the eighth prosecution of its kind brought by the Information Commissioner’s Office this year alone.
Nov 15, 2017

Minimum alcohol pricing legislation in Scotland is lawful, Supreme Court rules

Legislation in Scotland for the introduction of minimum alcohol pricing does not breach EU law and is a proportionate means of achieving a legitimate aim, the Supreme Court has ruled.

Features and analysis

Managing pregnant employees

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Can you performance manage a pregnant employee? Paul McFarlane and Louise Singh consider the key issues.

Contraception and safeguarding

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A Court of Protection judge recently had to consider whether it was in the best interests of a woman with a learning disability to be given a contraceptive patch. The CoP team at 39 Essex Chambers examine the decision.

Supply chain sustainability

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LexisPSL, in partnership with Simon Garbett, Ian Skinner and Sarah Rathke of Squire Patton Boggs, examine how authorities can ensure sustainable supply chains.

Short term gain; long term pain?

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Philip Woolham looks at incentivising employees to leave public sector pensions.

What next for damages?

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A recent EFTA court ruling on whether the gravity of a breach of the EEA rules on public contracts is relevant for the award of damages is at odds with a Supreme Court judgment. Helen Prandy explains why this could be important post-Brexit.

Concurrent delay conundrum conquered

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The TCC has just resolved a longstanding conflict between two competing principles of construction law, deciding that the “prevention principle” doesn’t stop clients placing the whole risk of concurrent delay on their contractor. Emily Aldridge reports.

Families and Rule 3A Representatives

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District Judge Bellamy has added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty, writes the Court of Protection team at 39 Essex Chambers.

The Pre-Action Protocol for Debt Claims

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John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.

Older articles

Nov 22, 2017

Budget 2017: key policy decisions

Local Government Lawyer sets out a number of the key policy decisions contained in the Chancellor of the Exchequer’s 2017 Budget.
Nov 22, 2017

Budget 2017: reaction from the sector

The Chancellor of the Exchequer, Philip Hammond, delivered the 2017 Budget today. So how has the sector reacted? Local Government Lawyer reports.
Nov 20, 2017

Councils, providers implement 1,300+ recommendations on adult social care: LGO

Councils and care providers implemented more than 1,300 recommendations in relation to adult social care in 2016/17, the Local Government and Social Care Ombudsman’s annual review of complaints in the area has revealed.
Nov 17, 2017

Families and Rule 3A Representatives

District Judge Bellamy has added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty, writes the Court of Protection team at 39 Essex…
Nov 17, 2017

Concurrent delay conundrum conquered

The TCC has just resolved a longstanding conflict between two competing principles of construction law, deciding that the “prevention principle” doesn’t stop clients placing the whole risk of concurrent delay on their contractor. Emily Aldridge…
Nov 17, 2017

The Pre-Action Protocol for Debt Claims

John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.
Nov 16, 2017

ICO brings 8th prosecution in 2017 over NHS employees unlawfully accessing records

A nursing auxiliary in Wales has been fined for accessing a patient’s medical records without a valid legal reason – the eighth prosecution of its kind brought by the Information Commissioner’s Office this year alone.
Nov 16, 2017

ICO brings 8th prosecution in 2017 over NHS employees unlawfully accessing records

A nursing auxiliary in Wales has been fined for accessing a patient’s medical records without a valid legal reason – the eighth prosecution of its kind brought by the Information Commissioner’s Office this year alone.
Nov 15, 2017

Minimum alcohol pricing legislation in Scotland is lawful, Supreme Court rules

Legislation in Scotland for the introduction of minimum alcohol pricing does not breach EU law and is a proportionate means of achieving a legitimate aim, the Supreme Court has ruled.
Nov 10, 2017

Legal action launched over data-sharing between Home Office and NHS on migrants

The Migrants’ Rights Network (MRN) has launched a legal challenge to what it calls “a secret data-sharing agreement” between the Home Office, the Department of Health and the NHS.
Nov 10, 2017

Law Society issues new model leases to simplify commercial property transactions

The Law Society has issued new short form model leases aimed at streamlining commercial property negotiations and finding a fair balance between landlord and tenant.
Nov 10, 2017

Finding fundamental dishonesty

Does dishonesty or fraud have to be pleaded for the court to make a finding of fundamental dishonesty? Chris Booth reports on a Court of Appeal ruling.
Nov 10, 2017

If you snooze you lose

A recent Technology and Construction Court ruling has emphasised how an unsuccessful bidder must have a good reason if an extension of time is to be granted. Helen Prandy reports.
Nov 10, 2017

After-care services and PI damages

The Court of Appeal has ruled that a personal injury award cannot be considered when making provision for after-care services. Morris Hill looks at the reasoning.
Nov 10, 2017

After-care services and PI damages

The Court of Appeal has ruled that a personal injury award cannot be considered when making provision for after-care services. Morris Hill looks at the reasoning.
Nov 10, 2017

Whistleblowing and employer's knowledge

Harmajinder Hayre examines a whistleblowing case that clarifies the law in relation to employers' knowledge in unfair dismissal claims.
Nov 08, 2017

Government rejects call from peers for licensing committees to be abolished

The Government has ruled out implementing “at this time” a controversial recommendation from a House of Lords committee that licensing committees should be abolished and their functions transferred to planning committees.
Nov 07, 2017

Campaigners raise £26k to bring legal challenge over new, non-NHS bodies

Campaign group JR4NHS has raised £26,000 for a judicial review challenge intended to stop Health Secretary Jeremy Hunt and NHS England “from introducing new commercial, non-NHS bodies to run health and social services without proper public…
Nov 07, 2017

Campaigners raise £26k to bring legal challenge over new, non-NHS bodies

Campaign group JR4NHS has raised £26,000 for a judicial review challenge intended to stop Health Secretary Jeremy Hunt and NHS England “from introducing new commercial, non-NHS bodies to run health and social services without proper public…
Nov 06, 2017

Campaigners apply for judicial review over hospital shake-up

Campaigners have applied to the High Court for judicial review over Calderdale and Huddersfield NHS Foundation Trust plans to shake up services.

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