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Legal update

30 October 2020 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 update

21 October 2020 Checklist when preparing for remote participation in an inquest hearing

Lockdown restrictions in March 2020 led to many inquest hearings being postponed. As restrictions eased, Coroners came under increasing pressure to reduce the number of delayed inquest hearings. In June 2020, the Chief Coroner issued Guidance No. 38 to facilitate remote participation in coroner’s inquests.

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Legal update

21 October 2020 Health and care newsletter - October 2020

This health newsletter talks about the focuses on topics relevant to the resolution of healthcare disputes.

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Legal update

13 October 2020 Mediation matters

In recognition of the success of its claims mediation service, NHS Resolution has recently been shortlisted for a Mediation Innovation Award at the National Mediation Awards.

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Legal update

13 October 2020 Claims arising from death – recent developments and a refresher

In this article we explore some recent changes to claims arising from death and provide a brief refresher on how these are calculated.

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Legal update

13 October 2020 Vicarious liability

When considering vicarious liability, healthcare organisations need to consider not only the “relationship” and “close connection” test but also whether there is someone else who could or should be vicariously liable.

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Legal update

13 October 2020 Breach of confidentiality claims

We have seen a rise in recent times in claims resulting from breach of confidentiality. Here we explain how these claims arise and what to do if you become aware of a breach of confidentiality.

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Legal update

12 October 2020 The Care Quality Commission (CQC) prosecutes an NHS Trust for the first time for breach of the Duty of Candour

In September 2020, for the first time the CQC successfully prosecuted an NHS Trust for breaching the Duty of Candour. It is important for all NHS organisations to take heed of this prosecution and review the approach that is being taken in your organisation to candour.

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Legal update

12 October 2020 Relationships with patients and their representatives

As a national law firm, Browne Jacobson works with healthcare organisations across the country, helping resolve patients’ disputes efficiently, fairly and with integrity.

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Legal update

9 October 2020 New methodology for calculating accommodation claims - the reversionary interest approach

In a long awaited decision, on 9 October 2020, the Court of Appeal handed down its Judgment in the case of Swift v Carpenter, which changes the methodology for compensating claimants whose disabilities mean that they require rehousing into alternative accommodation.

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