0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

health newsletter - october 2017

17 October 2017

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. If you need any additional advice or information on any of the topics covered in this newsletter, please do not hesitate to contact one of our health team.

Psychiatric harm arising from disciplinary proceedings

The law on psychiatric damage arising from disciplinary proceedings has recently been considered in the case of James Marsh v MoJ (2017).

Find out more

Court of Protection case law update - Autumn 2017

Recent cases have shed some light on the need for proceedings for withdrawal of clinician assisted nutrition and hydration (CANH) at the end of life; the meaning of deprivation of liberty (DoL) in an acute medical setting and more.

Find out more

Enhanced interest awards - where failure to negotiate or accept reasonable Part 36 offers bites

In the recent case of OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195, the Court of Appeal provided guidance on the award of enhanced interest where a claimant makes a Part 36 offer which is rejected and then beaten at trial.

Find out more

Health Service Safety Investigations Bill: a new bill to improve patient safety

The draft Health Service Safety Investigations Bill, published on 14 September 2017, proposes the establishment of a new independent investigation body, the HSSIB to build on the work currently undertaken by HSIB.

Find out more

Hear from Ben Troke on the Conway decision - dealing with assisted suicide

Like Diane Pretty and Tony Nicklinson before him, Noel Conway has failed to persuade the courts to change the law on assisted suicide.

Find out more

Vicarious liability is still on the move: liability for contractors

In recent years, the law of vicarious liability has evolved rapidly to encompass a range of scenarios outside of a conventional employer–employee relationship.

Find out more

A voice for P or a vested interest?

When is a family member unsuitable to act as P’s Rule 3A representative in the Court of Protection?

Find out more

The GDPR and the NHS - practical steps that can be taken now

From 25 May 2018 the General Data Protection Regulation (‘the GDPR’) will govern the use of personal data in the UK.

Find out more

A new Mental Health Act?

In May 2017, Theresa May stated that if elected, her government would replace the “flawed” Mental Health Act “in its entirety”.

Find out more

Learning disability and autism registration and the CQC’s revised 'Registering the Right Support' – the first appeal judgment is published

The Care Quality Commission's (CQC) guidance on registering learning disability and autism services was recently revised.

Find out more

Revised Integrated Support and Assurance Process (ISAP) guidance published

NHS England and NHS Improvement (NHSI) have recently published revised guidance on the Integrated Support and Assurance Process (ISAP) for procuring novel and complex contracts.

Find out more

CQC plans to register parent companies - what will it mean for you?

In June, the Care Quality Commission (CQC) released the second part of its ‘Next Phase of Regulation’ consultations.

Find out more

Applications for pre-action disclosure and the Access to Health Records Act 1990

The Access to Health Records Act 1990 (‘the AHRA’) provides a statutory right of access (subject to some exemptions) to a deceased patient’s medical records to a small number of people.

Find out more

Prison healthcare at fever pitch

The UK prison system reached fever pitch when, in August this year an NHS England spokesperson conceded to the Guardian newspaper that conditions can be “challenging”.

Find out more

Conway: no change on assisted suicide law – yet

Noel Conway has become the latest in a long list of individuals who have tried – and failed – to persuade the courts to change the law on assisted suicide.

Find out more

STPs – what are the plans for the estate?

Now that STPs have been released, various questions and thoughts may arise for NHS trusts involved in estates and facilities.

Find out more

NHS Improvement publishes consultation on oversight of NHS-controlled providers

NHS Improvement has recently published a consultation paper ‘Consultation on our oversight of NHS-controlled providers’.

Find out more

focus on...

Legal updates

Interview with Edge Health: challenges and opportunities in these unprecedented times

Joel Nixon, a Senior Associate in our Commercial Health team, speaks with George Batchelor, co-founder of sector specialist data analytics business, Edge Health.

View

Health and care transactions - the outlook

Browne Jacobson, Clydesdale Yorkshire Bank, Connell Consulting and Christie & Co looks at the outlook for health and social care transactions.

View

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.

View

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.

View

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

View profile

mailing list sign up



Select which mailings you would like to receive from us.

Sign up