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health newsletter - January 2019

25 January 2019

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.

Mental Health Act - a new age? 

Those with a keen eye on mental health law will have seen that Sir Simon Wessely’s full report on the Mental Health Act was published on 6 December 2018.

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Welsh Ministers v PJ [2018] UKSC 66

This Supreme Court case considered the interplay between Community Treatment Orders under the Mental Health Act 1983 and deprivation of liberty.

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Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

This case considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity.

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Adjournments on the basis of medical grounds

The recent case of the General Medical Council v Hayat [2018] EWCA CIV 2796 has reaffirmed the principles for allowing an adjournment due to medical grounds.

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Are your terms and conditions consumer law compliant?

The UK’s Competition and Markets Authority (CMA) launched a 6 week consultation on its draft consumer law advice to care homes on 12 July 2018.

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Workforce and immigration update - settlement fees scrapped and new settlement scheme

Many NHS Trusts have been debating the extent to which settlement fees should be paid to employees and family members.

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'Safe spaces' and improving quality - one step closer to a new investigative body in the public health sector

Patient safety has been on the agenda since 2016 and we are one step closer to the creation of a new investigative body focusing on safety within the NHS.

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Our analysis of the new NHS Long Term Plan

The NHS Long Term Plan has now been published following several days of snippets being fed to the media on the benefits which the Plan will seek to introduce.

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Supreme Court decision on the case of MM - Update

training and events

2Feb

Mock inquest remote

Join our virtual training course where we will provide essential knowledge, tools and insights delivered by the Senior Coroner for Derby and South Derbyshire and other legal experts, and tackles some of the challenges of dealing with inquests during a global pandemic.

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focus on...

Care business briefing acquisitions and funding

Join Browne Jacobson, Clydesdale Bank/Virgin Money and Hazelwoods Healthcare specialists in this on-demand video as they discuss their thoughts on the outlook for acquisition activity and funding in the health and care sectors.

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Legal updates

Competition Markets Authority (CMA) draft guidance for fertility clinics on consumer law

The Competition Markets Authority (CMA) has published draft guidance for fertility clinics on consumer law. The guidance is out for consultation and any responses to the questions they pose should be submitted by 5pm on Tuesday 5 January 2021.

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Legal updates

Supreme Court refuses to diminish the doctrine of Illegality

In a leading judgment by Lord Hamblen the Supreme Court has again considered the thorny issue of whether the common law doctrine of illegality should preclude a claimant who commits a criminal offence during a psychotic episode from recovering damages for losses arising out of that offence.

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Legal updates

‘Right support, right care, right culture’: Does the Care Quality Commission's (CQC) new guidance encourage or inhibit improvements in the lives of people with learning disabilities and autism?

On 8 October 2020, the Care Quality Commission published ‘Right Support, Right Care. Right Culture’, its new guidance on the registration and regulation of services for autistic people and/or people with a learning disability.

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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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