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Care Quality Commission and health & care regulatory update - 7 November

13 November 2019

Carl May-Smith provides an update on CQC & Competitions & Markets Authority enforcement, a recent Tribunal decision on the registration of learning disability & autism services and the latest in CQC’s review of restraint, seclusion and segregation. 

Carl also looks at recent CQC guidance and upcoming events.

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Carl May-Smith

Carl May-Smith

Partner (Barrister)

Carl, a former Senior Crown Prosecutor, specialises in regulatory and criminal advice and advocacy; advises public bodies on enforcement; advocacy in criminal courts, regulatory tribunals and inquests.

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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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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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Care business briefing

Browne Jacobson, BKR Care Consultancy & HSBC UK are pleased to invite you to our webinar looking at the regulatory aspects of care, with an update from a Regulatory barrister as well as a Q&A with a panel of experts.

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Legal updates

Are commercial surrogacy costs recoverable?

Liability was admitted by the Trust in May 2016 in respect of negligent reporting of cervical smear tests in 2008 and 2012 and cervical biopsies in 2012. By a majority, the Supreme Court has dismissed the Trust’s appeal, allowing the recovery of commercial surrogacy costs.

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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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