healthcare update - issue eight

Welcome to the eighth edition of our healthcare update, the easy and convenient way for professionals working across the healthcare sector to stay up to date with legal developments. We hope you will find the articles in this issue of interest.

Should you require any further information on any of the issues or events in this edition, please feel free to contact us. We would also be very pleased to hear from you with any views you have in relation to the update generally.

Articles in this issue


Holiday pay and sickness absence - are the rules any clearer?

Iain Patterson looks at the uncertainty for employers and employees in the area of overlapping periods of sickness and annual leave.
Read the full article here

‘Health tourism’ – the next step

Neil Ward examines the draft amendments to the NHS Act 2006, giving patients the opportunity to recover the costs of private treatment abroad if there is undue delay waiting for their treatment here under the NHS.
Read the full article here

Getting your (green) house in order

In the first of a series of articles on the Carbon Reduction Commitment Energy Efficiency Scheme, Thomas Howard looks at the steps that NHS trusts and their estates managers should now be taking.
Read the full article here

Home comfort?

Ceri-Sian Williams examines the Personal Care at Home Bill and considers whether it will achieve its aim of a national care service.
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Brace yourself - here comes a new age of procurement-related courtroom drama

We are anticipating the first test case under the new Remedies Directive and so Chris Brennan sets out some simple steps to ensure an NHS body is not ‘first in line’ for a court action!
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Private patient cap – all change or is it?

Melanie Print examines the High Court ruling against Monitor in its application of the cap. How far this has an impact on those foundations trusts who may now breach the cap remains to be seen.
Read the full article here

Mental health update

Mark Barnett discusses two recent court judgments - one relating to the court’s interim powers under the Mental Capacity Act, and the other a decision under S139 Mental Health Act.
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Fatal accidents – do you have a plan if the worst happens?

Andy Hopkin and Elaine Heaney consider the potential impact on staff wellbeing and business operations and ask do you have a plan if the worst happens?
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Mergers and takeovers of NHS trusts – an investigation into the property perspective

Paul Olliff looks at the background to the recent request to the NHS Cooperation and Competition panel for an enquiry made jointly by the Department of Health and Monitor.
Read the full article here

Points of view

Ben Troke considers four current Department of Health Consultations offering the chance to have a say on major reforms in the relationship between the NHS (and social care providers) and the public.
Read the full article here


The content of this update is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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