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Straight Talk – The implications of unlawful discharge
In this case, the daughters of two care home residents who died of COVID-19 brought a judicial review of policies and guidance released in March and April 2020. Philippa Doyle and Jolena Bullivant-Clark discuss the case.
Liberty Protection Safeguards – an update
Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards.
The draft terms of reference for the COVID-19 Public Inquiry have been announced
The draft terms of reference for the COVID-19 public inquiry have been announced. These are wide-ranging and cover the public health response, including how and when decisions were made; how the NHS and wider health and social care system responded, including issues or capacity and resilience; and the economic response.
The Court of Protection: a Brief Introduction
The Court of Protection is a specialist Court established under the Mental Capacity Act 2005 to determine issues relating to individuals who lack capacity to make specific decisions.
Extending mandatory COVID vaccination throughout health and social care
Mandatory covid vaccination in care homes was implemented on 11 November 2021. Without a valid exemption, workers will not usually be permitted access to (or be able to work in) care homes.
Social Care Newsbrief autumn 2021
Read the autumn 2021 Social Care Newsbrief.
Key legal developments update – July 2021
Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.
How will the easing of the face covering requirement on 19 July 2021 in England affect our health and social care services?
So called “Freedom Day” today brings with it the end to many coronavirus restrictions, some of which have been in place for well over a year.
Custodial sentence for exaggerated claim against the NHS
Linda Metcalf has received an immediate 6-month custodial sentence for her deliberate attempt to defraud the NHS and deceive the Court. She has also been ordered to pay the Trust’s costs of the proceedings. Sentence was passed by Mr Justice Griffiths in the Leeds District Registry on 11.02.21.
New Year partner and associate promotions
We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.
Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick
On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.
Claimant found guilty of criminal act cannot claim damages against negligent NHS trust
The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.
The Cumberlege Review – our safety cultures need a fix
Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests
Accommodation claims – where do we stand after Swift v Carpenter?
On 9 October 2020 the Court of Appeal handed down Judgment in Swift v Carpenter [2020] EWCA Civ 1295. This article sets out the decision in Swift and considers where we are now.