14 Aug 2008 |
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Equitable Access in Primary Care
The national initiative aimed at addressing health inequalities means, for commissioners, another round of procurement activity in an increasingly politically sensitive market place. |
04 Aug 2008 |
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Construction projects in the new economic climate
The Estates Gazette recently highlighted that for developers, the healthcare sector is being perceived as a 'good bet' for new projects, as private credit for funding projects diminishes. |
01 Aug 2008 |
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Richard Annandale joins Capsticks as Consultant
Richard Annandale joins Capsticks as a consultant from Bevan Brittan on 1st August 2008. |
30 Jul 2008 |
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Mergers and Acquisitions in the Health and Social Care Sector
Capsticks is rated as the leading healthcare law firm. |
29 Jul 2008 |
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Do NHS bodies have to pay Stamp Duty Land Tax?
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29 Jul 2008 |
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Equal Pay - PCT succeeds at final hearing
We are able to report the first decision on a final hearing in the NHS equal pay claims |
09 Jul 2008 |
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Court of Appeal ruling will affect future service reconfigurations
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24 Jun 2008 |
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NHS treatment and the validity of “top up” payments
Recent media coverage on this topic appears to have thrown up two issues for discussion |
18 Jun 2008 |
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What is an AGA?
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30 May 2008 |
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Equal pay: successor comparators
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17 Apr 2008 |
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New Code of Practice
"for the promotion of NHS funded services" |
01 Apr 2008 |
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Capsticks appoints Tina Elliott as Partner
Tina Elliott, who has worked at London law firm Capsticks since 2001, becomes a partner in the employment department on 1 April. |
03 Mar 2008 |
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Gerard Hanratty joins Capsticks as a Partner
Gerard Hanratty specialises in medical law, clinical negligence claims, NHS law, regulatory matters and issues arising from the Human Rights Act. |
25 Feb 2008 |
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Philip Brown will be speaking at the HSJ Rebuilding the NHS conference
Philip Brown, Partner, Capsticks will shortly be speaking at the HSJ Rebuilding the NHS conference on March 4th 2008. |
25 Feb 2008 |
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John Brookes, Capsticks Associate, will be speaking on the subject of TUPE.
The conference - Transforming lives, not transferring services is on Thursday 13th March 2008. |
21 Feb 2008 |
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Significant NHS legal appointments
Capsticks is delighted to announce that it has been appointed to two newly created legal panels. |
07 Jan 2008 |
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Negligence led to absconding and suicide
Just before Christmas, the Court of Appeal reversed an earlier decision that had been much quoted by hospitals at Inquests and in relation to compensation claims. |
22 Oct 2007 |
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Leslie Millin visits East Anglian Air Ambulance
Leslie Millin spends the day with the East Anglian Air Ambulance Service. |
19 Oct 2007 |
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House of Lords: "Pleural plaques claims are not compensatable"
The House of Lords has ruled that anxiety induced by the asbestos related condition of pleural plaques should not give rise to damages... |
25 Sep 2007 |
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Security management funding
Last week Health Secretary Alan Johnson announced £97m funding for a range of security measures to reduce violence and abuse against NHS staff... |
21 Sep 2007 |
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Home Information Pack summary
As from 10th September 2007, any person or organisation who is marketing for sale a residential property with 3 or more bedrooms must commission a HIP... |
20 Sep 2007 |
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Deceased patients' confidentiality
The Information Tribunal has given an important judgment on the confidentiality of medical records... |
09 Aug 2007 |
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Recovery of overpayments to GDS and PDS contractors
PCTs should now have received 2006/07 year end data from the Business Services Authority. This data will enable PCTs to identify GDS/PDS contractors that did not perform their agreed number of Units of Dental Activity (UDA) in the financial year 2006/07 |
01 Aug 2007 |
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Corporate manslaughter: New law receives Royal Assent
After several stages of refinement, the Corporate Manslaughter and Corporate Homicide Act has become law. |
24 Jul 2007 |
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Welcome news for Mental Health Foundation Trusts
Welcome news for Mental Health Foundation Trusts: the restrictive amendment of s. 23 of the Mental Health Act brought in by the Health and Social Care (Community Health & Standards) Act 2003 has at last been removed. |
18 July 2007 |
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Covert filming
Covert Filming – the potential consequences. |
26 June 2007 |
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New framework for continuing care
The new National Framework for NHS Continuing Healthcare, published today may lead to many more people receiving additional financial help towards their care costs... |
21 May 2007 |
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Payroll Giving Gold Award 2007
The Gold Award is a symbol of excellence and is awarded to employers that have succeeded in generating sustainable income sources for UK charities through Payroll Giving.
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20 May 2007 |
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Esther Evans qualifies to go to the World Triathlon Championships in Hamburg
Esther Evans, a Senior Solicitor at Capsticks, qualifies to go to the World Triathlon Championships in Hamburg in September. |
03 Apr 2007 |
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Crimes under the Mental Capacity Act 2005
As from 1 April 2007, carers who ill-treat or wilfully neglect a person lacking mental capacity will be committing a crime under the Mental Capacity Act 2005.
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01 Apr 2007 |
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Capsticks’ founding partner, Brian Capstick, has announced his retirement
“Brian was the founding partner of Capsticks in 1981 and his retirement marks the end of an extraordinary era" |
26 Mar 2007 |
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Mental Capacity Act 2005 - checklists
Majid Hassan and Peter Marquand have developed three checklists for assessing "Advance decisions", "Best interests" and "Lasting powers of attorney" for patients 18 or above. |
22 Mar 2007 |
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Radical changes proposed to employment dispute resolution rules
The DTI has produced an independent review of employment dispute resolution procedures. The most radical proposal is that the statutory dispute resolution procedures, which came into force in October 2004, should be abolished...
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21 Feb 2007 |
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Mental Health Bill progress
The Government suffered a setback when the Lords voted against some key provisions in the Mental Health Bill on 19 Feb... |
23 Jan 2007 |
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Timetable for implementing the Mental Capacity Act.
It was originally anticipated that the Act would be fully in force in April 2007... |
23 Jan 2007 |
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Status of Agency Workers - new guidance
The Employment Appeal Tribunal has, in the case of James v Greenwich Council, provided some useful guidance |
17 Jan 2007 |
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National Health Service Act 2006:in force 1st March 2007
There has been a consolidation of all the health legislation made since 1977.. |
22 Nov 2006 |
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Mental Health Bill 2006
The Mental Health Bill was published on 17 November setting out the proposed changes for both the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA). |
16 Nov 2006 |
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Health and safety prosecutions – developments in sentencing
On Tuesday this week, the Court of Appeal reduced the sentence imposed earlier this year against Southampton University Hospitals NHS Trust from £100,000 to £40,000. |
8 Nov 2006 |
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The Charities Act 2006
It has been over four years in coming, but the Charities Act 2006 is finally on the statute books. |
27 Oct 2006 |
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Expert witnesses not exempt from regulatory action
The Court of Appeal has overturned a High Court ruling that witnesses acting as experts should be exempt from disciplinary action by their regulatory body...
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6 Oct 2006 |
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Important new ruling on equal pay from Europe
The European Court of Justice has just delivered its potentially controversial ruling in the case of Cadman v Health and Safety Executive. |
4 Oct 2006 |
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Ward closures and the NHS duty to consult
In the recent case of Pat Morris-v- Trafford Healthcare NHS Trust, the decision to close two inpatient wards in the absence of consultation with the public, was held to be unlawful... |
26 Sep 2006 |
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Michael Stone report published
Following on from Michael Stone’s recent unsuccessful judicial review in July of a decision to publish an independent inquiry report in full, the report was finally published on 25 September... |
6 Sep 2006 |
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Time limit for bringing co-worker discrimination claims
The recently reported Employment Appeal Tribunal (EAT) decision in the case of Bisset v Martins & Castlehill is pertinent to statutory time limits for bringing discrimination claims... |
25 Aug 2006 |
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Court of Appeal quashes UnitedHealth contract award
The Court of Appeal has overturned the High Court's original decision in the case of Pam Smith v North East Derbyshire PCT... |
15 Aug 2006 |
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Care Homes and the Human Rights Act
A High Court decision on 11th July 2006 in judicial review proceedings brought by care home residents against Havering London Borough Council has followed the 2002 Leonard Cheshire Foundation case... |
09 Aug 2006 |
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ECHR upholds Court of Appeal decision
The European Court of Human Rights has rejected Leslie Burke's appeal against a UK ruling allowing doctors to make treatment choices for him when he is no longer able to communicate ... |
1 Aug 2006 |
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Sex discrimination – chaperoning arrangements
Capsticks recently represented an NHS Trust in a claim brought by Mr Moyhing which was decided upon by the Employment Appeal Tribunal (EAT) in June 2006... |
20 July 2006 |
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Success for Capsticks client on issue of medication of patients
Capsticks represented the first defendant (Dr Haddock) in the Court of Appeal case dealing with how patients’ challenges to compulsorily medication |
17 Jul 2006 |
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Vicarious liability for harassment
In Majrowski v Guy’s and St. Thomas’ NHS Foundation Trust, the House of Lords has confirmed that an employer can be vicariously liable in damages for its employee’s breach of the Protection from Harassment Act 1997 ... |
14 Jul 2006 |
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Raising a statutory grievance: fair warning
Recent EAT decision have suggested that almost any written communication from an employee can constitute a statutory "grievance"... |
12 Jul 2006 |
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Capsticks clients win Stone Report case
Mr Justice Davis today delivered his judgment in Michael Stone’s unsuccessful judicial review of a decision to publish an independent inquiry report in full. Capsticks’ David Mason represented all three organisations... |
07 Jul 2006 |
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Implications of failure to replace staff on long term leave
In Melanie Garrod v North Devon PCT the High Court held that where an employer failed to take steps to replace staff who had been on sickness or maternity leave... |
21 June 2006 |
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Asbestos claims: changing legislation
Following on from the House of Lords landmark ruling in the Barker case in May 2006, the Government has today announced that they will be bringing forward new legislation... |
20 June 2006 |
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High Court gives guidance on NHS duty to consult
In the case of Pam Smith v North Eastern Derbyshire Primary Care Trust and the Secretary of State for Health, the High Court considered the extent of the duty under s.11 of the Health and Social Care Act 2001... |
14 June 2006 |
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The NHS Redress Bill: an update
The NHS Redress Bill is being debated before MPs again this week as part of the committee stage in the House of Commons...
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12 June 2006 |
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Inquest update: Coroner Reform
On 12th June 2006 the Government published a draft Bill to reform the Coroners’ system in England and Wales... |
30 May 2006 |
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Recent win for Capsticks clients in Employment Tribunal
On 15 May 2006, the Employment Tribunal unanimously concluded that the claimant had not been unfairly dismissed.... |
18 May 2006 |
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New Employment Partner for Capsticks
Capsticks is pleased to announce the appointment of Gary Hay... |
18 May 2006 |
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The ECJ ruling - extended choice
The ECJ has decided that patients in one EU member state are entitled to receive treatment in another member state... |
15 May 2006 |
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Recent win for client on preliminary issue of causation
A large teaching hospital Trust represented by Capsticks recently succeeded at trial on a preliminary issue of liability... |
12 May 2006 |
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Male breast cancer patient receives Herceptin on the NHS
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11 May 2006 |
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IVF clinic exceeds five year storage deadline
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11 May 2006 |
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IVF and embryo screening
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04 May 2006 |
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Human Tissue Authority licensing - a reminder
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04 May 2006 |
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House of Lords Judgment reduces NHS asbestosis liabilities
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08 April 2006 |
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VSO Skydive
On Saturday, Sara Rees and Rob Wilson escaped their desks and went for the adrenalin rush of the year - a skydive from 10,000 feet which included a freefall of 5000 feet at 120mph! |
03 April 2006 |
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GDS and PDS contracts signed subject to dispute and appeal
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29 Mar 2006 |
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The Mental Health Bill
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28 Mar 2006 |
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New TUPE: providing employee liability information
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16 Mar 2006 |
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Doctors cannot withdraw ventilation from disabled baby
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15 Mar 2006 |
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Capsticks assists DH with serious patient safety incidents protocol
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7 Mar 2006 |
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Impact of Age Regulations on redundancy pay
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03 Mar 2006 |
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Funding Herceptin prescriptions
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24 Feb 2006 |
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TUPE Regulations 2006 published
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16 Feb 2006 |
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New procurement rules for the public sector
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09 Feb 2006 |
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Time expired warning does not determine dismissal for misconduct
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05 Feb 2006 |
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Continuing care eligibility criteria in the spotlight again
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05 Jan 2006 |
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Peter Marquand appointed to Information Tribunal
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04 Jan 2006 |
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New disciplinary and capability procedures in NHS contracts
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04 Jan 2006 |
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NHS Equal Pay Claims update
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12 Dec 2005 |
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Agenda for change and NHS contractors staff
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07 Dec 2005 |
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Changes to employment law
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01 Dec 2005 |
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New associates appointed
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07 Nov 2005 |
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Consultant's contract not frustrated
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25 Oct 2005 |
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House of Lords overturns Court of Appeal decision
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14 Oct 2005 |
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House of Lords rule on status of Code of Practice
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29 Jul 2005 |
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Court of Appeal upholds GMC guidance
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29 Jul 2005 |
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Court of Appeal upholds GMC guidance
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26 Jul 2005 |
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Unlawful termination of bursary payments
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18 Jun 2005 |
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Nearest Relative bypassed
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06 Jun 2005 |
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Capsticks client wins case on resource issues
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09 May 2005 |
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House of Lords rules on s.135 warrants
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06 Apr 2005 |
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Maternity pay and pay awards
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29 Mar 2005 |
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Serious professional misconduct and personal mitigation
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24 Mar 2005 |
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Major NHS equal pay case settled
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23 Mar 2005 |
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Capsticks client wins landmark mental health case in House of Lords
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25 Feb 2005 |
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Upper age limit case goes to House of Lords
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25 Feb 2005 |
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Capsticks client wins wrongful birth case
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18 Feb 2005 |
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Handling NHS doctors and dentists conduct and capability issues
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14 Feb 2005 |
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Liability for absconsion
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07 Feb 2005 |
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House of Lords reject loss of chance approach
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04 Feb 2005 |
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Capsticks wins failure to warn case in the High Court
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03 Feb 2005 |
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Nurses to face questions at MHRTs
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02 Feb 2005 |
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High Court rejects Art 2 hearing for every hospital inquest
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17 Jan 2005 |
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Charging fees for complying with FoI Act requests
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07 Jan 2005 |
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High Court rules on submitting reasons in SPM cases
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17 Dec 2004 |
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Season's Greetings from Capsticks
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07 Dec 2004 |
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Every Child Matters - Change for Children
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06 Dec 2004 |
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Refusal of discharge whilst on leave of absence
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28 Oct 2004 |
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House of Lords changes law on failure to warn
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22 Oct 2004 |
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High Court rules on second treatment case
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05 Oct 2004 |
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Closing the Bournewood Gap
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04 Oct 2004 |
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Important new employment legislation now in force
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30 Sep 2004 |
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Public MHRT
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17 Sep 2004 |
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Court of Appeal considers upper age limits for statutory claims
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15 Sep 2004 |
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Capsticks rated top in healthcare by Legal 500
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08 Sep 2004 |
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Time allowed for access to records
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24 Aug 2004 |
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Freedom of Information Act update
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17 Aug 2004 |
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GMC guidance fails to gain judicial approval
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05 Aug 2004 |
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Brady loses fight for public MHRT hearing
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04 Aug 2004 |
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Europe questions UK stance on personal data
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30 Jul 2004 |
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New PMS arrangements
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30 July 2004 |
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High Court considers GMC guidance
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19 Jul 2004 |
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House of Lords limits unfair dismissal losses
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15 Jul 2004 |
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Peter Edwards in London Triathlon
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08 Jul 2004 |
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Mental Capacity Bill
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06 Jul 2004 |
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Employers' obligations under the DDA
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01 Jul 2004 |
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New partner appointed
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28 Jun 2004 |
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Mental Capacity Bill published
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15 Jun 2004 |
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Premises Costs Directions 2004
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28 May 2004 |
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Regulators' duty to give reasons
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24 May 2004 |
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Courts' power to interfere with Regulators' decisions
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10 May 2004 |
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Press freedom and the right to a fair trial
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28 Apr 2004 |
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Capsticks completes Nuffield Hospitals deal to cut NHS waiting times
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20 Apr 2004 |
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CRHP appeals against regulators' decisions
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15 Apr 2004 |
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New ruling on employers' liability for workplace stress
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08 Apr 2004 |
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Clinic's "person responsible" is not vicariously liable
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02 Apr 2004 |
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New annual leave ruling for workers on maternity leave
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23 Mar 2004 |
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Interim payments ordered for non-compliance
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23 Mar 2004 |
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Disagreements about treatment of seriously ill children
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17 Mar 2004 |
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New ruling means more unfavourable inquest verdicts
The House of Lords’ decision in the cases of Middleton and Sacker on 11th March 2004 is the most important development in the law relating to Inquests for a decade... |
10 Mar 2004 |
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Human rights - resolving disputes over treatment
Yesterday, the European Court of Human Rights found that a seriously disabled child's right to private and family life (article 8) had been unjustifiably breached because...
|
20 Feb 2004 |
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Disclosure of SFO-obtained documents
A recent case before the Administrative Court has re-stated a power that may help public bodies seeking to recover sums lost through fraud... |
18 Feb 2004 |
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Compensation for injury to feelings
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04 Feb 2004 |
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Pay in lieu of leave
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26 Jan 2004 |
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Draft Employment Code of Practice published
The conciliation service ACAS has published its draft Code of Practice on Disciplinary and Grievance Procedures... |
05 Jan 2004 |
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Charities Bill update
In response to widespread demand for reform, the Government included a Charities Bill in the November 2003 Queen’s Speech...
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22 Dec 2003 |
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Capsticks completes Barking and Havering NHS LIFT
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11 Dec 2003 |
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Capsticks and KCC conclude the East Kent Section 31 Agreement
Capsticks acted as legal advisors for Ashford PCT and East Kent Coastal PCT, on their completed Section 31 Agreement between the PCTs and Kent County Council.....
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02 Dec 2003 |
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New laws coming into force on 1st and 2nd December
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27 Nov 2003 |
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Readmitting discharged patients
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26 Nov 2003 |
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MPs enquire about living wills policies
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20 Nov 2003 |
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Handling delayed conditional discharges
On 13th November the House of Lords gave a helpful ruling on deferred conditional discharges... |
12 Nov 2003 |
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Capsticks concludes the £75 million BECaD PFI project
Capsticks acted as legal advisors to the North West London Hospitals NHS Trust, on its £75 million PFI project to create the Brent Emergency Care and Diagnostic centre (BECaD).
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06 Nov 2003 |
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Early retirement benefits transfer under TUPE
The European Court of Justice ruled that early retirement benefits should be protected following a transfer... |
07 Oct 2003 |
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Employment age limits are lawful
The EAT has handed down its judgment in the case of Secretary of State for Trade & Industry v Rutherford and others... |
03 Oct 2003 |
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Capsticks announces a new partnership with the Royal Hospital for Neuro-disability
Capsticks has recently entered into a partnership with the Royal Hospital for Neuro-Disability in Putney... |
22 Sep 2003 |
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No recent irresponsible or aggressive behaviours
The MHRT made a deferred discharge decision for a s.3 patient with mental impairment on the basis that there were no recent behaviours that were irresponsible or aggressive...
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18 Sept 2003 |
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Legal 500 confirms Capsticks as leading healthcare law firm
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12 Sep 2003 |
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Still leading healthcare law
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12 Sep 2003 |
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Seclusion and the Code of Practice
The Court of Appeal recently reviewed seclusion policies and practice for the first time... |
15 Aug 2003 |
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Treatability criteria
W, who was nearing the end of a prison sentence for violence, was transferred to the Trust's Medium Secure Unit as a personality disorder patient...
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06 Aug 2003 |
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MHRT decision set aside
Capsticks successfully represented a private sector mental health service provider, where the MHRT held that a s.3 patient should remain classified as mentally impaired... |
01 Aug 2003 |
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S.135 warrant invalidated by named medical practitioners' failure to attend
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30 Jul 2003 |
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Loss of chance to claim compensation for unfair dismissal
The EAT has decided that an applicant cannot claim damages in a wrongful dismissal claim for losing the chance to claim compensation for unfair dismissal... |
18 Jul 2003 |
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RA case resolves liability for delayed discharge
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09 Jul 2003 |
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Amendments to Race Relations Act
The Race Relations Act 1976 (Amendment) Regulations 2003 are due to come into force on 19 July 2003...
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02 Jul 2003 |
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Government publishes age discrimination proposals
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23 Jun 2003 |
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House of Lords announce important decision on post-employment discrimination
In the case of Relaxion Group plc v Rhys-Harper (and others), the Law Lords considered whether claims can be brought under the discrimination legislation...
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19 Jun 2003 |
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Information Commission publishes guidance on workplace surveillance
The Information Commission has now published part three of its Employment Practices Data Protection Code, dealing with workplace surveillance...
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13 Jun 2003 |
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Journalist entitled to trial before being compelled to disclose source
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10 Jun 2003 |
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EAT guidance on right to time off for dependants
The EAT has given guidance to employers on how to approach the right to time off for dependants under section 57A of the Employment Rights Act 1996...
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29 May 2003 |
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Corporate killing law update
Healthcare providers whose failure to set or maintain standards causes a death, face prosecution under a revised corporate killing law...
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29 May 2003 |
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Annual leave and the Working Time Regulations
Recent cases have considered the position of workers who have exceeded their annual leave entitlement at the date of dismissal, and the practice of “rolling up” holiday pay as an allowance throughout the year...
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21 May 2003 |
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Consultants challenge 10% rule
The Hospital Consultants and Specialists Association recently announced its support for a legal challenge to the “10 percent rule”...
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12 May 2003 |
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No treatment unless for a classified disorder
On 15th April the Court of Appeal made a decision that will fundamentally change compulsory treatment and Tribunal practice...
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22 Apr 2003 |
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Proceeding in a respondent's absence
A recent decision of the Privy Council demonstrates how careful a disciplinary committee must be when considering whether to proceed in the respondent’s absence...
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21 Apr 2003 |
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Serious Professional Misconduct and single incidents
Silver v General Medical Council contains useful guidance on what matters a Committee should take into account in considering serious professional misconduct where the misconduct is based on a single incident...
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20 Mar 2003 |
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Disability Discrimination (Blind and Partially Sighted Persons) Regulations 2003
The Regulations make clear that people who are certified blind or partially sighted will be deemed disabled for the purposes of the Disability Discrimination Act 1995...
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19 Mar 2003 |
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Freedom of Information Act 2000
The Freedom of Information Act gives a general right of access to all types of "recorded" information held by public authorities...
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18 Mar 2003 |
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Necessity of compulsory treatment
Capsticks partner Peter Marquand acted for the Trust and RMO in this case, where a s.58 certificate was issued for N for depot anti-psychotic medication... |
26 Feb 2003 |
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Ombudsman recommends review of eligibility criteria
The Health Service Ombudsman has called for a retrospective review of the criteria used to determine eligibility for NHS funding...
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24 Feb 2003 |
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Mental health law specialist joins Capsticks
Mental health law expert Ashley Irons has joined Capsticks as a partner...
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21 Feb 2003 |
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National minimum standards for care homes
New standards relating to the provision of communal space, room size, availability of single rooms, and the number of baths and lifts in care homes will now only apply to new care homes first registered on or after 1st April 2002...
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19 Feb 2003 |
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Email and defamation
A recent High Court case provided a timely reminder about the need for caution when sending e-mails...
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7 Feb 2003 |
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Child protection update
The Climbié Inquiry Report, published on 28th January 2003, concluded that the failure to implement appropriate child protection policy and guidance by the agencies involved in Victoria's care resulted in her death...
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6 Feb 2003 |
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Mental Health Act Managers' Hearings update
In December 2002 we advised that whilst waiting for the full judgment in the case of R v Hospital Managers of Park Royal Centre, ex parte T, Mental Health Act Managers ought to strive wherever possible to make unanimous decisions...
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31 Jan 2003 |
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New power for Local Authorities to scrutinise the NHS
The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002 came into force on 1st January 2003, providing for Local Authorities' overview and scrutiny committees to scrutinise NHS activities...
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29 Jan 2003 |
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Evidence of drinking - prejudicial and unsafe
In Misra v General Medical Council, lawyers' failure during the inquiry to limit evidence to the facts in issue had serious consequences...
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6 Dec 2002 |
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NHS Trust and Strategic Health Authority successfully defend consultation judicial review
Earlier this week, Capsticks clients East Kent Hospitals NHS Trust and Kent and Medway Strategic Health Authority successfully defended the consultation process leading to the planned reorganisation of services in East Kent...
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26 Nov 2002 |
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Employment age limits found to be discriminatory
In Rutherford & Bentley v Towncircle Ltd & Secretary of State for Trade and Industry the ET considered whether the Employment Rights Act 1996 upper age limits for unfair dismissal compensation and redundancy payment claims were discriminatory...
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11 Jul 2002 |
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Delay and abuse of process
An important issue in considering whether there has been any delay in the prosecution of a case is when the relevant time period for computation of the delay commences...
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