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Masthead Healthcare - Litigation

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Reopening final appeals

Jeremy Pike and Charles Streeten analyse an important Court of Appeal judgment on applications for permission to appeal, reopening final appeals, and s 31(2A) of the Senior Courts Act.

News headlines

Jul 11, 2018

Justification for hospital cuts taken away by migrant visa changes, say claimants

Campaigners are to press ahead with a judicial review challenge to proposed cuts to NHS services at a local hospital in the North East, claiming that a change in government policy on migrant visas could affect the justification for the…
Jul 10, 2018

Government wins legal battle over accountable care organisations and the NHS

The Health Secretary has the power to create the new accountable care organisations (ACO) within the NHS and changes in events meant that a proper consultation would now proceed, the High Court has ruled.
Jul 04, 2018

Government introduces legislation in bid to replace Deprivation of Liberty Safeguards

The Government has this week (3 July) introduced the Mental Capacity (Amendment) Bill to the House of Lords as it seeks to replace the ‘Deprivation of Liberty Safeguards’ (DoLs).
Jun 25, 2018

Judge gives green light to legal challenge by CCG of walk-in centre

A High Court judge has given a campaigner from Corby permission to challenge plans to downgrade her local urgent walk in centre.
Jun 06, 2018

High Court to hear challenge to PSPO creating safe zone near abortion clinic

The High Court is due today (Thursday) to hear a challenge to a council’s use of a Public Spaces Protection Order (PSPO) to control activities in a 'safe zone' around an abortion clinic.

Features and analysis

Serving surveillance evidence

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When should surveillance evidence be served? Catherine Burt looks at the lessons from a recent appeal involving a city council.

Exaggerated negligence claims

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A claimant was recently held in contempt of court for grossly exaggerating a negligence claim against an NHS trust. Lucy Eastwood explains why.

The Government on deprivation of liberty

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In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.

Variation of contracts and lack of protest

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A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.

Older articles

May 25, 2018

Exaggerated negligence claims

A claimant was recently held in contempt of court for grossly exaggerating a negligence claim against an NHS trust. Lucy Eastwood explains why.
May 18, 2018

The Government on deprivation of liberty

In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.
May 17, 2018

Judge calls for LGA and NHS urgently to devise mechanism for resolving disputes

A High Court judge has urged the Local Government Association and the National Health Service to devise a mechanism by which funding disputes between councils and health bodies can be resolved without resort to expensive legal proceedings.
May 11, 2018

Variation of contracts and lack of protest

A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.
May 10, 2018

HMCTS behind schedule on “ambitious” court reform programme, says watchdog

HM Courts Service is behind where it expected to be at this stage of its ambitious reform programme, the National Audit Office has warned.
May 08, 2018

High Court judge reserves judgment in NHS and homeopathic medicines dispute

A High Court judge has reserved judgment after a four-day hearing of a legal challenge to NHS England’s 2017 consultation that ended with a recommendation that GPs should not prescribe homeopathic medicines.
Apr 27, 2018

Costs in public law cases

Alexander Campbell analyses a recent Court of Appeal ruling on costs that has important lessons for local authorities conducting assessments.
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 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 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 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 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 28, 2018

Tribunal orders disclosure of executive summary of ICO consensual audit

The First-tier Tribunal has ordered the disclosure of the executive summary of a data protection audit ­­the Information Commissioner's Office undertook with consent at a NHS Trust.
Mar 23, 2018

Care proceedings and medical treatment

The Court of Protection team at 39 Essex Chambers examines recent comments by the President of the Family Division on care proceedings and the medical treatment of children.
Mar 22, 2018

Campaigners secure permission for legal challenge to hospital closure

Campaigners against a hospital closure in Huddersfield have been granted a judicial review hearing of the decision.
Mar 21, 2018

Government to legislate for replacement of Deprivation of Liberty Safeguards

The government has said this month that it broadly agrees with the Liberty Protection Safeguards model proposed by the Law Commission to replace the Deprivation of Liberty Safeguards.
Mar 21, 2018

Equalities watchdog threatens legal action against health bodies over discrimination

The Equality and Human Rights Commission has issued legal letters to 13 clinical commissioning groups (CCGs) warning them they face action over breaches of discrimination legislation.
Mar 19, 2018

Bullying by judges should not be tolerated, says Chair of the Bar

Bullying of barristers and other lawyers by judges has no place in the courts, the Chair of the Bar, Andrew Walker QC, has said, after press reports highlighted the issue.

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