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march 2015 - health law newsletter

1 April 2015

Health Newsletter March 2015

This bumper issue covers;

  • a useful note on purdah
  • Andrew Hopkin and Ben Troke sum up the implications of The Care Act 2014 which comes in to force this week
  • Nicky Collins looks at new models of care in the light of the announcement of 29 “vanguard” sites that have been chosen to implement some of the Five Year Forward View proposals
  • Emily Godson looks at the technical guidance supporting the NHS Standard contract 2015/16 in relation to personal health budgets
  • Jonathan Hayden summaries new guidance from Monitor on commissioning community services.
  • On the property front, Stewart Gregory looks further into the Chancellor’s Autumn Statement announcing £1bn being invested into new primary care facilities and how that promise is being translated on the ground
  • employment lawyer, Sarah Hooton covers Sir Robert Francis’ freedom to speak up review
  • Ben Troke looks at the Department of Health’s consultation for people with learning disabilities, autism and mental health conditions; the closing date for responses is 29 May 2015
  • On the litigation side, Damian Whitlam looks at the implications of Montgomery v Lanarkshire Health Board (Scotland) on informed consent and Laurinda Bower analyses the judgment in ‘Lynch’ on claiming inquest costs in civil proceedings.

focus on...

Managing the Mental Health Act during the Covid-19 Pandemic

Following concerns being raised nationally about the impact of the pandemic on certain aspects of assessing and treating patients detained under the Mental Health Act 1983, “Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic” was published on 19 May 2020.

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Legal updates

Systemic failure or medical negligence?

Lord Burnett handed down Judgement at the RCJ on 10 June 2020 of the following case which is the latest in a line of authorities to explore the engagement of Article 2 at Inquests concerning medical care/treatment, reaffirming the point that such cases will not ordinarily trigger the need for an Article 2 inquest.

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Practical advice on resetting your ICS

Topics covered are a view from an ICS Chair on reset, initial lessons to consider, a new way to govern, models to work collaboratively and a Q&A.

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Legal updates

High Court denies relief from sanctions

In Magee v Willmott Browne Jacobson successfully appealed on behalf of the Defendant a lower court decision to allow the Claimant relief from sanctions to rely upon expert evidence served after the deadline had passed for exchange and not to strike out part of the Claimant’s case which was unsupported by the Claimant’s breach expert and where no case on causation had been pleaded.

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The content on this page 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.

Simon Tait

Simon Tait

Partner and head of Health Advisory and Litigation

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