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health legal updates

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Legal update

High Court endorsement for Trust’s monitoring of junior doctors and the taking of natural breaks

The High Court has today handed down Judgment in a test case where the Claimant Dr Hallett, supported by the BMA, brought proceedings against Derby Hospitals NHS Foundation Trust.

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Legal update

Rise in closure of GP practices

Over the last year it has become more apparent from news articles in the online press and from other journals and publications that there is a large increase in the number of GP surgeries closing down across the UK.

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Legal update

NHS subsidiaries - greater oversight

From 1 April 2018, NHS-controlled providers (providers that are required to hold a provider licence and are ultimately 'controlled' by one or more NHS trusts and/or foundation trusts) will be subject to greater oversight, similar to that applicable to NHS trusts and foundation trusts.

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Legal update

LiPS service? or real reform, soon…?

The Government has promised to implement, virtually in full, the Law Commission proposals for reform of the law on deprivation of liberty and the Mental Capacity Act. But when will it happen?

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Legal update

Health newsletter - February 2018

Welcome to the latest edition of our health newsletter, in which we bring you a round-up of the latest regulations and news affecting your sector.

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Legal update

Fundamental dishonesty - Section 57 bites as the High Court offers welcomed guidance

Section 57 of the Criminal Justice and Courts Act 2015 gives the court the power to dismiss a claim for damages where it is satisfied that, on the balance of probabilities, the claimant has been ‘fundamentally dishonest’ in relation to the claim, unless the claimant would otherwise suffer ‘substantial injustice’.

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Legal update

Mental health and capacity update - February 2018

There are two significant new cases to mention, since our last newsletter, and a consultation: Re KT, A-F (Children) and reform of Deprivation of Liberty Safeguard.

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Legal update

Is LASPO having the desired effect?

Since the Jackson reforms to clinical negligence claims funding (embodied in the Legal Aid, Sentencing and Punishment of Offenders Act 2012) defendant NHS Trusts are no longer required to pay the claimant’s success fees under CFAs or after-the-event legal expenses insurance premiums.

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Legal update

Treating private patients - CMA reporting requirements

The Competition and Markets Authority requires all hospitals treating private patients including NHS trusts and foundation trusts to submit information about the quality of the services they provide to the Private Healthcare Information Network.

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Legal update

Informed consent - where are we now?

The implications of the decisions in Bayley v George Elliot Hospital NHS Foundation Trust and Shaw v Kovac, and the key issues for consideration in informed consent claims.

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