News articles
Read our latest legal updates, news, and blogs below.
Subscribe to our mailing list to ensure you stay up to date with our latest legal news and expert insights.
Filters
News articles
NHSPS Lease Regularisation
If you occupy NHS Property Services premises without a lease, you may have received a letter from NHS England and NHS Improvement urging you to engage with the lease regularisation programme.
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.
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.
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).
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
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.
Driving Forward System Working – A snapshot of early progress in collaborative commissioning
Hempsons were delighted to input into NHS Providers report on ‘Driving Forward System Working’ which demonstrates that positive progress has been made towards collaborative commissioning at system levels.
Public procurement law post-Brexit
The Government has published the draft “Public Procurement (Amendment etc.) (EU Exit) Regulations 2019”. The draft Regulations mainly deal with housekeeping issues post-Brexit in that they either remove or replace with domestic equivalents, references to the European Union, the Commission and EU Directives in current legislation. The draft Regulations also deal with the administration of any further amendments to procurement legislation.
Jersey States assembly scrutiny hearing on changing its personal injury law, including an increase to the discount rate
The States Assembly within Jersey is considering a change to its personal injury damages law including an increase to the discount rate which applies to personal injury awards.
Key Legal Developments Update – October 2018
Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.