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Limitation in clinical negligence – a summary guide
This is the third article in a three-part series looking at limitation arguments in clinical negligence claims. The first two articles considered case law and this article will provide an overview of the applicable law.
Procurement Policy Note 02/19 – ‘Deal’ and ‘No deal’ Brexit
The Cabinet Office has published Procurement Policy Note (“PPN”) 02/19, which confirms the actions that contracting authorities need to take in the event of a ‘deal’ or a ‘no deal’ Brexit. We summarise the draft advice provided below.
Limitation – Mossa v Wise
The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.
Limitation arguments – how hard can it be?
The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.
The role of Federations and GP provider organisations going forward
It's been reported in Pulse that GP federations will not count as primary care networks 'in most cases’ and that “Practices will have just a couple of months to join new primary care networks if they are to qualify for a significant amount of funding being invested in the organisations by NHS England" - all part of the new five-year framework for GP contract reform to implement The NHS Long Term Plan.
Will a “no-deal Brexit” change the position for public procurement law?
As discussed in our previous newsflash (December 2018), the public procurement position post-Brexit is expected, at least initially, to be largely the same as now, whatever the outcome of current debates.
Some Legal Implications of the NHS Long Term Plan
Much has been written about the publication of the NHS Long Term Plan (“LTP”). The NHS Confederation has provided a particularly useful summary. The main focus of the plan is to implement a new service model, with particular focus on the improved access to services, early diagnosis and prevention of certain diseases (including diabetes, strokes, dementia and cancer), and improved access to mental health services for both adults and children. In order to improve access to services, the plan sets out ambitions for better integration between primary, secondary and community services for patients.
Intellectual Property and Health Tech – potential pitfalls
Technology and innovation is at the forefront of current medical practice, with new software, apps and websites being released regularly. This article is designed to offer an overview of some of the potential mistakes you could make if you are considering the development of your own health technology from the intellectual property (IP) perspective.
Upcoming legislative changes
With ongoing uncertainty surrounding the final terms under which the UK will leave the EU and whether this will take place on 29 March 2019 as planned or not, it is difficult to predict how Brexit may affect Employment Law. However, for practical purposes it seems likely that EU legislation will remain applicable in the UK (but perhaps on a different constitutional basis) unless or until it is amended by UK legislation. We are not expecting swift changes to Employment law and do not expect to see any significant changes prior to 31 December 2020 (the end of the proposed transition period).
Thinking of changing your practice structure? You may be eligible for Government funding
Organisations seeking funding are required to submit an expression of interest to DCMS by 21st February 2019
Failure to comply with the duty of candour lands NHS Foundation Trust with fine
An NHS Foundation Trust has, for the first time, been fined by The Care Quality Commission for failing to comply with its duty of candour to be open and honest with patients or their families if there is an incident in which they suffer harm
Charity Finance Group Midlands Conference 2019
Hempsons Employment Partner, Andrew Davidson, will be speaking at Charity Finance Group’s flagship event in the region – the Midlands Conference 2019.
Update – Tax changes to termination payments
Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to "clarify and tighten" (i.e. increase) the taxation of such payments.
Property related delays: Prevention the best cure?
In the past year, Hempsons have acted for a wide range of dental clients on a variety of different transactions. We have acted for sole practitioners retiring and selling their practice, dental corporates buying shares in other dental companies and practitioners starting out on their first venture alone.