We are getting regular and unique queries relating to the extraordinary measures that clients are having to take in the battle to fight the Coronavirus. When we tackle an issue, we are ensuring that this knowledge is shared across our expert lawyers so that others do not need to reinvent the wheel. We are also offering interim support to clients where they need help with core functions, either due to resources being diverted elsewhere or due to staff absences. We can take on a range of functions and provide these to your Trust remotely, such as:

  • Access to records, FOIA and Data Protection Officer functions
  • Complaints management 
  • Claims management and litigation 
  • General medico-legal advice helpline service 
  • Delayed transfer of care hotline 
  • Individual Funding Requests 
  • Inquest management and coroner liaison 
  • Human resources services 

Please do not hesitate to get in touch should you wish to receive interim support in this way or if you wish to us to help you with contingency plans just in case. In addition to this interim support, we are also supporting our clients as follows:

1. We are supporting NHS Employers with its response to queries on Coronavirus. We have also produced our own FAQs on the human resources implications of Coronavirus, which will be updated regularly, available here.

2. Assisting with a wide variety of clinical law and governance related queries, such as: 

  • Indemnity arrangements for returning staff or students, or professionals working outside their usual area of expertise
  • Advice on COVID-19 treatment and commissioning decisions. We have prepared checklists for healthcare professionals to consider when planning care pathways with patients and families, covering Best Interests, the use of Lasting Powers of Attorney and Advance Decisions refusing treatment
  • Live-streaming of board meetings (to avoid public attendance) 
  • How to ask local coroners to postpone all inquests involving front line staff 
  • Clean shaven policies for staff 
  • Compliance with subject access and FOI requests 
  • Temporary reconfiguration of key clinical services 

3. Our real estate team has been helping organisations set up drive-through testing facilities in car parks of premises that they own/lease and develop additional estate capacity. 

4. Our corporate, commercial and litigation teams are supporting clients in a number of ways: 

  • Contractual issues arising out of the temporary cancellation of events or supply chains 
  • Emergency procurement processes for medical supplies (including remote monitoring tech) 
  • Delaying existing procurement processes to focus on the Coronavirus outbreak 
  • Temporary variations to cleaning and infection control contracts 
  • The impact of force majeure clauses 

5. We are advising on the content of the Coronavirus Act 2020 and what this means for our clients. Similarly, we are advising our healthcare clients on the latest guidance from NHS England.

6. Our clinical advisory team are providing support and advice to clients on the impact of COVID-19 in the following areas:

The team are also providing clients with more detailed specific advice regarding the challenges around critical care clinical treatment decisions.

These are just some of the areas where we providing assistance and we are firmly committed to doing what we can to help to support you in the important work you’re doing. 

Relevant insights from Capsticks


We are committed to doing what we can to help to support your NHS organisation in the important work you’re doing. Our COVID-19 content and advice is being constantly updated to reflect any changes that occur and to answer common queries that we receive. You can read all of our latest COVID-19 content for the NHS here , and our most recent articles below.

COVID-19 FAQs: The extended Coronavirus Job Retention Scheme and furlough leave

09/03/21

The Government announced the launch of the new Coronavirus Job Retention Scheme (CJRS), where employers can “furlough” staff and HMRC will reimburse up to 80% of the employee’s wages, up to a maximum of £2,500 per month.

COVID-19: Workforce FAQs

09/03/21

The COVID-19 pandemic continues to pose significant workforce issues for healthcare organisations regarding the services they provide and the risks to staff. Here we share our FAQs in relation to these policies and communications with staff generally.

Procurement Policy Note 01/21: Procurement in an emergency

11/02/21

PPN 01/21 reiterates the PPN issued at the start of the COVID-19 pandemic setting out the procurement options available to Contracting Authorities during an emergency—further highlighting the commercial risks inherent in direct awards without competition.

Clinical Law Insight: Winter 2020/2021

04/02/21

Welcome to the latest edition of our Clinical Law Insight, in which we report on the latest appeal decisions, medico-legal and ethical issues arising from Covid-19, as well as new reports on safety and learning.

Resource issues likely to have a significant role in determining the standard of care in claims arising during the pandemic

25/01/21

Patients who have had their treatment for a particular condition delayed due to COVID-19 restricting hospital resources may consider legal action in the future.

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.

COVID-19: Top tips for remote inquest hearings

07/07/20

As we see the re-opening of Coroners’ courts following the COVID-19 pandemic, we continue our series of inquest-related insights with our top tips for partially remote inquest hearings.

COVID-19: New Chief Coroner’s guidance on remote hearings

22/06/20

As we see the re-opening of courts following the COVID-19 pandemic, the Chief Coroner has issued new guidance on "Remote participation in Coronial proceedings via video and audio broadcast". In this insight, we comment on the key points of the guidance.

Return to work and risk assessments during COVID-19: Health and social care

04/06/20

For a successful return to work during COVID-19, employers have a duty to carry out a risk assessment, implement safe systems of work and to keep these under review. Our risk assessment flowchart sets out the key issues for employers to consider.

COVID-19: Social care FAQs on Deprivation of Liberty and movement in the community

18/05/20

This FAQ provides a summary of the current position and the factors which care providers, care co-ordinators and commissioners of community care need to be aware of and actively consider when looking at the care and treatment service users are receiving.

COVID-19: Inquest FAQs

28/04/20

We have compiled these FAQs for healthcare, social care, emergency services and housing sectors regarding how coroners are approaching inquests in the current climate and how demands on organisations and their professional witnesses can best be managed.

COVID-19: Clinical risk and indemnity considerations

24/04/20

COVID-19 has permeated every aspect of health and social care, presenting challenges to the NHS and private sector. The situation is evolving but key concerns are highlighted in this Insight with practical advice on managing risk and indemnity issues.