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Masthead Healthcare - Litigation

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Aftercare services and restitution claims

Jonathan Auburn analyses an important Court of Appeal ruling on restitution claims for a failure to pay for aftercare services.

News headlines

Dec 29, 2017

Councils lose High Court challenge over hospital services downgrade

A High Court judge has dismissed a legal challenge led by Cherwell District over plans to downgrade services at Banbury’s Horton General Hospital amid claims of a flawed consultation process.
Dec 21, 2017

Public and planning law barristers among 119 new QCs

Barristers from 39 Essex Chambers, 11KBW, Arden Chambers and Francis Taylor Building are among the 119 new Queen’s Counsel, it has been revealed.
Dec 18, 2017

Court of Appeal refuses to strike out restitutionary s.117 after-care claim

A local authority and a clinical commissioning group have failed to convince the Court of Appeal that a restitutionary claim for payment of after-care services should be struck out as an abuse of process.
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.

Features and analysis

Compliance with the cost budgeting process

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The High Court has sent a firm message to litigants who seek to take advantage of the courts' hard-line stance on the cost budgeting process, writes Laura Murray.

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.

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 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 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

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 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.
Nov 03, 2017

Council loses appeal over after-care services and personal injury damages

Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires "after-care services"…
Oct 27, 2017

Withdrawal of CANH

Natasha Partos comments on the latest Court of Protection case on best interest decisions and the requirement for legal proceedings.
Oct 20, 2017

Court of Protection case law update

Ben Troke and Rebecca Fitzpatrick round up the latest key cases in the Court of Protection.
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 06, 2017

QOCS and multiple defendants

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.
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 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…
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 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 07, 2017

Watchdog urges stronger approach to reining in costs of clinical negligence

The Government must take a stronger and more integrated approach if it is to rein in the increasing cost of clinical negligence claims across the health and justice systems, the National Audit Office has said.
Sep 06, 2017

Court grants permission for judicial review of hospital services downgrade

Campaigners backed by four councils have won the first round of their legal action over a claim that a consultation over changes at Horton General Hospital was flawed.
Sep 04, 2017

Department of Health appoints five firms to £10m pharma litigation panel

The Department of Health has selected three law firms for a £10m quasi-framework agreement covering civil litigation, arbitration and mediation against companies in the pharmaceutical industry.

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