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Hempsons shortlisted in the ‘Legal Advisor – Public’ category at the LaingBuisson Awards 2019
We are delighted to announce that we have been shortlisted in the ‘Legal Advisor – Public’ category at the LaingBuisson Awards 2019.
Newsflash: PCN agreements – is yours up to scratch?
Now is the ideal time to review your agreement to ensure that it includes the provisions necessary for proper governance.
Will NHS England’s plan to ‘de-risk’ GP premises leases work?
Bryn Morgan assesses NHS England's plan for other NHS bodies to take on the liabilities for GP practice leases.
Foreseeability and causation in clinical negligence cases
This article summarises the law on foreseeability and causation in clinical negligence cases. It focuses on what a claimant needs to prove and the development of the law in these areas.
Newsflash: The HSJ and Hempsons webinar on the Fit and Proper Person Test
The Fit and Proper Person Test is meant to ensure that anyone at director level in the NHS has the attributes and values needed for the job.
Hempsons’ Employment Newsbrief
Welcome to our Summer 2019 edition of Hempsons’ Employment Newsbrief.
Higher standards expected of NHS trusts before dismissal for capability
The recent case of Muller v London Ambulance Service NHS Trust has emphasised the need for NHS Trusts, as large, sophisticated employers with significant administrative resources, to take a more cautious approach and exhaust every other option before dismissing an employee by reason of capability. Mr Muller’s dismissal was found to be unfair and discriminatory, despite the fact that he had been absent from work for a year and had no predicted return-to-work date at the time he was dismissed.
Disciplinary procedures and police investigation
In the case of North West Anglia NHS Foundation Trust v Gregg, the Courts looked at when an employer should halt its own internal procedures if the police are also investigating the same matter.
A review of the Fit and Proper Persons Test
On 6 February 2019, the Government published Tom Kark QC’s report of his review of the “Fit and Proper Persons Test” (FPPT).
Case Law Update: abandoning a procurement fails to dispose of challenge
The recent judgment in the case of Amey Highways Limited and West Sussex County Council [2019] EWHC 1291 (TCC) deals in detail with the implications of abandonment and the effect of an abandonment decision on an existing claim. The Council had undertaken a competitive dialogue process to select a provider of highways maintenance services. Amey were unsuccessful in that competition by a difference in score of 0.03% against the winning bidder, Ringway.
GMC Independent Review of Medical Manslaughter recommends sweeping changes to regain the profession’s trust and improve qu...
Since 2011, healthcare professionals have been transfixed by the twists and turns of the investigations and hearings in relation to the trainee paediatrician, Dr Bawa-Garba and her nursing colleague Ms Amaro through their protracted criminal, coronial and regulatory processes. Dr Bawa-Garba’s treatment in particular by her regulator, the GMC, and its widely criticised decision to appeal its own Tribunal’s determination not to erase her led to the erosion of doctor’s confidence in medical regulation.
Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been l...
Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been learnt? It is nearly a year since the case of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council was determined. Hempsons advised the two foundation trusts in successfully challenging the Council’s process, which had been run under the Light Touch Regime.
ICTS (UK) Limited v Visram
ICTS (UK) Limited v Visram: The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an employee, who was successful in his claims for unfair dismissal and disability discrimination, should be awarded compensation for loss of benefits until death or retirement.
Clinical negligence: duty and breach
This is the first in a two-part series about clinical negligence, in which we will look at the essential components of a claim. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show that the defendant healthcare practitioner/provider: