DP v London Borough of Hillingdon – how will it change authorisation (s21A) proceedings?
24/11/20
This case highlights the importance of a proper capacity assessment and discussions with P regarding best interests, as well as the purpose of s21A proceedings. We summarise the decision and what to take away.
Liberty Protection Scheme: Care home manager role dropped
19/11/20
The Liberty Protection Safeguards National Steering Group revealed that DHSC will not be implementing the care home manager role when the rest of the LPS framework commences in April 2022, and that six sets of regulations will be published next spring.
Supreme Court confirms that inquest conclusion of unlawful killing and suicide can be determined on balance of probabilities
16/11/20
The Supreme Court decided that the criminal standard of proof is no longer required for an inquest to determine that a death was as a result of suicide or unlawful killing. We summarise the case, decision and what to take away.
Supreme Court reaffirms illegality doctrine in negligence claims
30/10/20
The Supreme Court confirmed that a claimant cannot recover damages for loss as a result of having committed a criminal offence, thus reinforcing the long established state of the law. We summarise the case, the decision and what it means for you.
Cap on public sector exit payments—Guidance and HM Treasury Direction published
30/10/20
The draft Restriction of Public Sector Exit Payments Regulations 2020, capping public sector exit payments at £95,000 will come into force on 4 November. The accompanying Government Guidance and HM Treasury Directions have now been published.
Staff wellbeing during the pandemic and legal considerations for employers
19/10/20
The Government’s announcement that as COVID-19 infection rates rise, workers who can work from home should do so, will cause many employers to reassess their staffing requirements and refresh their efforts in respect of wellbeing.
Lessons learnt from the ICO’s data protection fine against British Airways
19/10/20
The Information Commissioner’s Office (ICO) has published its monetary penalty notice against British Airways (BA), in a sum of £20 million. We summarise the incident, the key points of the notice and what to take away.
Cap on public sector exit payments in force from 4 November
15/10/20
The draft Restriction of Public Sector Exit Payments Regulations 2020 (“the Regulations”), capping public sector exit payments at £95,000, have now been approved by Parliament, and will come into force on 4 November.
Court of Appeal decides on assessing the value of accommodation claims
09/10/20
The Court of Appeal has now handed down the ruling in Swift v Carpenter and set out a new way of assessing the value of claims for accommodation. It has departed from the established methodology previously laid down in the case of Roberts v Johnstone.
Who Pays? New guidance on responsibility for NHS payments to providers
07/09/20
The updated Who Pays? guidance sets out a framework for determining which NHS body is responsible for paying a healthcare service provider for an individual’s care or treatment. All CCGs must have regard to the guidance.
Clinical Law Insight: Summer 2020
12/08/20
Welcome to the latest edition of our Clinical Law Insight, in which we consider developments in clinical negligence claims, inquests and the healthcare advisory sector.
‘First Do No Harm’ - the report of the Independent Medicines and Medical Devices Safety Review
11/08/20
‘First Do No Harm’, the long-awaited report of the Independent Medicines and Medical Devices Safety Review has been published, including recommendations around apologies, redress, specialist care, data collection and the role of the MHRA.