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Inherently problematic?

A High Court ruling has raised significant issues around capacity thresholds, the inherent jurisdiction and autonomy, writes Alex Ruck Keene.

News headlines

Oct 13, 2017

Sixteen councils fined for delayed transfers of care in 2016/17: ADASS research

Some 16 councils were fined for delayed transfers of care in 2016/17, with individual fines as high as £280,540, research by the Association of Directors of Adult Social Services (ADASS) has revealed.
Oct 10, 2017

Supreme Court to consider if NHS in breach over man who left A&E before triage

The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.
Oct 05, 2017

Pharmaceutical body rules out appeal after judicial review application dismissed

The Board of the Association of the British Pharmaceutical Industry (ABPI) has ruled out an appeal after a High Court judge yesterday dismissed its application for judicial review against the National Institute for Health and Care Excellence (NICE).
Oct 05, 2017

Cost of welfare litigation in Court of Protection “may have chilling effect”: report

The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.
Oct 05, 2017

Hill Dickinson boost new Leeds office with commercial health legal director

Hill Dickinson has hired commercial health specialist Esther Venning as a legal director in its new Leeds office.
Oct 04, 2017

NHS trust faces claim after employee unlawfully accessed medical records

Colchester Hospital University NHS Foundation Trust is facing legal action after one of its employees unlawfully accessed medical records.
Sep 22, 2017

HMCTS delays launch of flexible operating hours pilots to February 2018

HM Courts & Tribunals Service (HMCTS) has put back the launch of the Flexible Operating Hours pilots until February next year.
Sep 21, 2017

Legal proceedings not needed in treatment withdrawal case, says judge

A Court of Protection judge has concluded that legal proceedings were not necessary when there was agreement between the family of a sufferer from Huntington’s disease and her clinicians that clinically assisted nutrition and hydration (CANH) was no…

Features and analysis

Public procurement after Brexit

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Simon Randall CBE has written a paper for the Society of Conservative Lawyers on public procurement after Brexit. Here he puts forward some of the key points.

QOCS and multiple defendants

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A defendant against whom the claimant discontinued was not able to seek to enforce and ‘set-off’ its costs against the damages/interest paid to the claimant by the ‘unsuccessful’ defendants. Caroline Cousins reports.

The Supplier Code of Conduct

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Melanie Pears and Tim Care take a look at the Supplier Code of Conduct, which has been introduced by the Government with the aim of helping suppliers understand the standards expected of them when they are contracting with the Government.

Learning from deaths

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Every NHS organisation should be collecting data about the number of deaths, conducting 'case record reviews' and getting ready to publish the results. Gemma Brannigan looks at the issues involved.

Holiday pay and employee monitoring

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Two recent employment cases have provided important follow-up on two key issues: monitoring and holiday pay, writes Sarah Maddock.

NHS mergers and competition issues

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For the first time, the Competition and Markets Authority (CMA) has announced that it has approved an NHS merger after having only carried out an initial phase 1 examination and not a more in-depth analysis. Melanie Pears and Tim Care report.

Giving clear notice

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Harmajinder Hayre looks at a recent employment case involving a city council that demonstrates the importance of clear notices.

A significant decision on Care Act assessments

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The High Court recently quashed a local authority’s Care Act assessment and related decisions. Alistair Cantor analyses the ruling.

Older articles

Oct 05, 2017

Cost of welfare litigation in Court of Protection “may have chilling effect”: report

The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.
Oct 05, 2017

Hill Dickinson boost new Leeds office with commercial health legal director

Hill Dickinson has hired commercial health specialist Esther Venning as a legal director in its new Leeds office.
Oct 04, 2017

NHS trust faces claim after employee unlawfully accessed medical records

Colchester Hospital University NHS Foundation Trust is facing legal action after one of its employees unlawfully accessed medical records.
Oct 04, 2017

NHS trust faces claim after employee unlawfully accessed medical records

Colchester Hospital University NHS Foundation Trust is facing legal action after one of its employees unlawfully accessed medical records.
Sep 28, 2017

Deputyships and outsourcing

The Court of Protection recently considered an application to revoke a number of deputyships in place through a council's outsourcing arrangement and whether the borough could recover its costs. The COP team at 39 Essex Chambers reports.
Sep 28, 2017

Learning from deaths

Every NHS organisation should be collecting data about the number of deaths, conducting 'case record reviews' and getting ready to publish the results. Gemma Brannigan looks at the issues involved.
Sep 28, 2017

Holiday pay and employee monitoring

Two recent employment cases have provided important follow-up on two key issues: monitoring and holiday pay, writes Sarah Maddock.
Sep 25, 2017

Ex-employee of adult care department fined for taking personal data

A former employee of Leicester City Council’s adult social care department has been fine for unlawfully obtaining personal data.
Sep 25, 2017

Cornerstone barrister appointed to European Commission Expert Group on GDPR

Estelle Dehon of Cornerstone Baristers has been appointed as a member of the European Commission's Expert Group on the General Data Protection Regulation (GDPR).
Sep 22, 2017

HMCTS delays launch of flexible operating hours pilots to February 2018

HM Courts & Tribunals Service (HMCTS) has put back the launch of the Flexible Operating Hours pilots until February next year.
Sep 22, 2017

Giving clear notice

Harmajinder Hayre looks at a recent employment case involving a city council that demonstrates the importance of clear notices.
Sep 22, 2017

NHS mergers and competition issues

For the first time, the Competition and Markets Authority (CMA) has announced that it has approved an NHS merger after having only carried out an initial phase 1 examination and not a more in-depth analysis. Melanie Pears and Tim Care report.
Sep 22, 2017

NHS mergers and competition issues

For the first time, the Competition and Markets Authority (CMA) has announced that it has approved an NHS merger after having only carried out an initial phase 1 examination and not a more in-depth analysis. Melanie Pears and Tim Care report.
Sep 21, 2017

Legal proceedings not needed in treatment withdrawal case, says judge

A Court of Protection judge has concluded that legal proceedings were not necessary when there was agreement between the family of a sufferer from Huntington’s disease and her clinicians that clinically assisted nutrition and hydration (CANH) was no…
Sep 21, 2017

Judge rules council and CCG not required to fund visits of mother

Central Bedfordshire Council and North Norfolk Clinical Commissioning Group need not meet the travelling expenses of a woman who makes a lengthy weekly trip to see her son in a mental hospital.
Sep 21, 2017

Judge rules council and CCG not required to fund visits of mother

Central Bedfordshire Council and North Norfolk Clinical Commissioning Group need not meet the travelling expenses of a woman who makes a lengthy weekly trip to see her son in a mental hospital.
Sep 19, 2017

NHS trust pleads guilty after HSE prosecution over death of 18 year old

A NHS Foundation Trust has pleaded guilty to a health and safety offence following the death of an 18 year old at a learning disability inpatient unit four years ago.
Sep 19, 2017

NHS trust pleads guilty after HSE prosecution over death of 18 year old

A NHS Foundation Trust has pleaded guilty to a health and safety offence following the death of an 18 year old at a learning disability inpatient unit four years ago.
Sep 15, 2017

A significant decision on Care Act assessments

The High Court recently quashed a local authority’s Care Act assessment and related decisions. Alistair Cantor analyses the ruling.
Sep 15, 2017

A significant decision on Care Act assessments

The High Court recently quashed a local authority’s Care Act assessment and related decisions. Alistair Cantor analyses the ruling.

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