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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.

News headlines

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 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 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.

Features and analysis

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.

Costs in public law cases

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

Case management and apparent bias

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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.

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.

Older articles

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.
Mar 02, 2018

Between health and social care

A clinical commissioning group last month lost a judicial review challenge brought over its decision to withdraw £600,000 in funding for a respite centre for disabled children. Andrew Sharland QC explains why.
Mar 01, 2018

NHS reorganisations plans in Dorset faces legal challenge

A local patient is seeking judicial review of NHS reorganisation plans in Dorset.
Feb 28, 2018

Judge agrees costs capping in action over NHS accountable care organisations

Campaigners including scientist Professor Stephen Hawking have secured a costs order for their judicial review of the government’s planned creation of accountable care organisations (ACO) in the NHS.
Feb 23, 2018

High Court hears test case on ability of junior doctors to take breaks

The High Court is this week hearing a test case on whether a NHS trust which employed 20 junior doctors in their first years as doctors in training breached their contracts of employment when monitoring their ability to take breaks required…
Feb 21, 2018

Litigants in person must get familiar with rules, practice directions: Supreme Court

Unless civil procedure rules and practice directions are “particularly inaccessible or obscure”, it is reasonable to expect a litigant in person to familiarise himself with those which apply to any step he is about to take, the Supreme Court has…
Feb 21, 2018

High Court quashes decision by health body to end £600k funding for respite centre

A High Court judge has quashed a decision by the Hertfordshire Valleys Clinical Commissioning Group (HVCCG) to remove £600,000 in funding for a respite services for children with complex needs, over a failure to consult with Hertfordshire County…
Feb 19, 2018

Supreme Court to consider role of court in nutrition withdrawal cases

The Supreme Court will next week consider whether it is mandatory to bring before the court the withdrawal of Clinically Assisted Nutrition and Hydration ("CANH") from a patient who has a prolonged disorder of consciousness ("PDOC"), in…
Feb 13, 2018

Keoghs completes acquisition of insurance business group from Hill Dickinson

Defendant law firm Keoghs has completed the acquisition of Hill Dickinson’s insurance business group in a deal that will see the transfer of 17 partners and 311 staff.
Feb 06, 2018

High Court begins hearing into withdrawal of funding for respite centre

The High Court will this week hear a judicial review challenge to a decision to withdraw funding for a respite centre for disabled children.
Feb 02, 2018

Fundamental dishonesty in PI claims

The High Court has provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims. Roger Jones and Martin Stockdale explain the ruling.
Feb 02, 2018

Restraining publication of CQC reports

Jonathan Auburn examines a care provider’s bid to obtain an injunction restraining publication of a Care Quality Commission report.

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