Care Homes
Top Social Care insights - December 2018
17/12/18
See our roundup of the top insights from across the sector in December.
Emergency services
Emergency Services Roundup – 14 December
14/12/18
Capsticks’ bi-weekly roundup of insights and news stories affecting blue light services.
Housing
Housing case law - December 2018 update
10/12/18
Our latest monthly roundup of must read #ukhousing case law.
Health and social care
Hammered by the GDPR
04/12/18
The reported data breach at West Ham United FC is a salutary warning to sports clubs of the potential consequences of an inadvertent data breach and highlights the potential long reach of the GDPR.
General
Confidentiality is not an automatic bar to disclosure
29/11/18
Marston Holdings Ltd v Ministry of Justice (HM Courts & Tribunal Service) [2018] EWHC 3168 (TCC)
Emergency services
Emergency Services Roundup – 29 November
29/11/18
Capsticks’ bi-weekly roundup of insights and news stories affecting blue light services.
Care Homes
Consumer Law Guidance from the CMA - have you reviewed your terms and conditions?
28/11/18
Read our insight on the latest CMA guidance.
Health and social care
EAT dismisses breach of contract claim against NHS Trust
27/11/18
The EAT has handed down Judgment in a case in which Capsticks successfully defended an NHS Trust against a claim brought by a consultant.
Housing
When is a Development Agreement caught by procurement rules?
26/11/18
Read our insight into the implications from the Faraway case.
Health and social care
Housing
Health Creation, Wealth Creation - fighting health inequalities using community assets
22/11/18
On 21 November, Capsticks sponsored the NHS Alliance Summit in Manchester, bringing together health and housing to tackle health creation across our communities.
Housing
Safeguarding – is your organisation compliant?
16/11/18
Abuse and neglect has a devastating impact on individuals and communities and more often than not, this abuse will take place in the home.
Health and social care
International income generation projects
15/11/18
Along with Healthcare UK, Capsticks hosted a workshop on 18 October 2018 to discuss the issue of income generation for Arm’s Length Bodies (ALBs)
Emergency services
Health and social care
New protection for NHS and emergency services staff
15/11/18
One in seven healthcare professionals was attacked in the course of their employment last year; the highest level for five years, according to an announcement by the Health and Social Care Secretary at the end of last month.
Emergency services
New protection for emergency services staff
15/11/18
The Assault on Emergency Workers (Offences) Act came into force on 13 November and provides further protection for emergency workers and more stringent sentencing for those convicted of harming them.
Housing
Housing case law - November 2018 update
13/11/18
Our latest monthly roundup of must read #ukhousing case law
Housing
Court of Appeal upholds ruling on “pay less” notices
09/11/18
The Court of Appeal confirmed the decision reached by the High Court earlier this year in Grove Developments Ltd v S&T case on 'pay less' notices.
Emergency services
Emergency Services Roundup - 5 November
05/11/18
Capsticks’ bi-weekly roundup of insights and news stories affecting blue light services.
Emergency services
Procurement – our top 10 tips to maximise savings and avoid hidden costs
05/11/18
There's been a lot of reports in the press about the great work being done by emergency services across the country to realise some key procurement savings and efficiencies.
Care Homes
Capsticks Care Homes insight – Top 10 October news stories from the sector
31/10/18
Our monthly roundup of Care Homes news.
Housing
Budget 2018 - Implications for Housing
30/10/18
The Government’s support for the Housing sector continued, with some real treats included in the Halloween budget.
GPs
Reinvigorating the GP Partnership Model
25/10/18
The spotlight is firmly on GP Partnerships as a model to take general practice forward. General practice is being pushed to work at scale, have multi-disciplinary teams, collaborate and generally just be “bigger and better”.
General
Employers can be legally responsible for malicious data breaches committed by employees
24/10/18
In Wm Morrison Supermarkets PLC v Various Claimants, Morrisons appealed a High Court judgment that it should be vicariously liable for a data breach committed by an employee.
Housing
Housing case law - October 2018 update
17/10/18
See our October housing case law round-up
Health and social care
Insurance
Darnley: the Supreme Court rules on the case of the patient who left A&E after 19 minutes
10/10/18
An insight into the Supreme Court decision on the Darnley v Croydon Health Services NHS Trust case
Care Homes
GPs
Housing
Employment quarterly update
10/10/18
See our latest quarterly employment law updates which includes recent cases and legal developments.
GPs
Why do I need a Declaration of Trust?
10/10/18
Puja Solanki addresses some of the most common questions we receive about Declarations of Trust
Emergency services
Emergency Services Roundup – 5 October
05/10/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Care Homes
Capsticks Care Homes insight – Top 10 September news stories from the sector
02/10/18
Capsticks Care Homes insight – Top 10 September news stories from the sector
GPs
Considering a practice merger? Read this first
02/10/18
Neha Shah addresses some of the most FAQs our GP team receive on practice mergers.
Professional regulatory
Regulatory Newsletter Summer 2018
27/09/18
Please see our Summer 2018 newsletter
Health and social care
Removal of travel allowance following a TUPE transfer was not void
26/09/18
Removal of travel allowance was not void
Housing
Housing case law - September 2018 update
24/09/18
See our September housing case law update
Emergency services
Emergency Services Roundup - 24 September
24/09/18
Capsticks’ regular roundup of insights and news stories affecting emergency services.
Health and social care
Abnormally low tenders and the ill-advised use of solicitors to give evidence in court
10/09/18
An insight into the implications from the Tcase of SRCL Ltd v The National Health Service Commissioning Board
Health and social care
NHS Dorset CCG successfully defends judicial review of major service changes
07/09/18
The High Court dismissed an application for judicial review of the CCG’s decisions to make major service changes to health services in Dorset
Emergency services
Emergency services roundup - 7 September
06/09/18
Capsticks’ regular roundup of insights and news stories affecting emergency services.
Care Homes
Capsticks Care Homes insight – Top 10 August news stories from the sector
30/08/18
Our first regular edition of the 'Capsticks' Care Homes insight – Top 10 news from the sector'
Health and social care
Conducting moderation meetings: Lancashire Care
21/08/18
An insight into the implications from the Lancashire Care NHSFT and Blackpool Teaching Hospitals NHSFT v Lancashire County Council case.
Insurance
Claims for psychiatric injury in the workplace
16/08/18
We are seeing a growing number of claims for psychiatric injury arising from healthcare employees who are overworked and under supported, and those claiming that they have been bullied or harassed in the workplace.
Insurance
How to respond to an incident giving rise to a potential claim
16/08/18
It has never been more important for those who face potential claims and their Insurers to fully investigate and obtain evidence from the outset.
Insurance
How to prevent slips and trips: A guide for employers and occupiers
16/08/18
Claims resulting from slips and trips form a significant part of the caseload for many personal injury departments.
Health and social care
New CHC framework - the changes and implications
16/08/18
The Department of Health and Social Care has amended the National Framework for NHS Continuing Healthcare and NHS Funded Nursing Care and issued a new version of the framework in March 2018.
Housing
Spotlight on The Social Housing Green Paper
14/08/18
It's out! Finally, after weeks of waiting, the Social Housing Green Paper has been released today. Our housing experts have been busy analysing the paper and set out the below summary of what you need to know.
Health and social care
Dr Bawa-Garba wins her appeal: Suspended, Not Erased
14/08/18
There are some cases where the facts are such that erasure of a doctor is the only proper and reasonable sanction. Dr Bawa-Garba’s case was not one of them.
GPs
Why do I need a partnership deed?
13/08/18
To welcome Puja to the firm we asked her to address some of the most common questions we receive on this topic from GPs and Practice Managers.
Housing
Housing case law - August 2018 update
13/08/18
See our August housing case law round-up.
Emergency services
Emergency services roundup - 9 August
09/08/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Housing
The new National Planning Policy Framework - our summary
02/08/18
Our summary of the key points from the new National Planning Policy Framework.
Health and social care
Independent healthcare
No requirement for court approval to withdraw treatment in agreed prolonged disorder of consciousness cases
01/08/18
Supreme Court upholds decision on withdrawal of CANH in the case of NHS Trust v Y [2018] UKSC 46.
Health and social care
Inquest conclusion of “suicide” can now be determined on the balance of probabilities
30/07/18
The criminal standard of proof is no longer required for an inquest to determine that a death was as a result of suicide.
Emergency services
Emergency services roundup - 26 July
26/07/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Care Homes
CMA Advice – consumer law advice on the charging of fees after death
25/07/18
The Competition & Markets Authority has published advice on charging fees after the death of a resident for self-funded and part-funded residents.
General
EAT rules on holiday pay entitlement under Agenda for Change
19/07/18
The Employment Appeal Tribunal has considered the difficult issue of voluntary overtime and the calculation of holiday pay.
Health and social care
High Court grants interim injunction preventing NHS Trust from continuing disciplinary proceedings
17/07/18
The High Court has ruled that an employer cannot continue with disciplinary proceedings against an employee pending resolution of her claim that the proceedings are in breach of her contract of employment.
Care Homes
Sleep-in shifts and the National Minimum Wage: Mencap v Tomlinson-Blake
17/07/18
The Court of Appeal has clarified conflicting case law and ruled that workers are not entitled to be paid the national minimum wage for time they are asleep on sleep-in shifts.
Housing
Housing case law - July 2018 update
17/07/18
See our July housing case law round-up.
Emergency services
Emergency services round up - 12 July
12/07/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Housing
Are Community Protection Notices working?
04/07/18
An insight into the effectiveness of CPNs and when they should be used
Emergency services
Emergency services roundup - 28 June
28/06/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Health and social care
Court of Appeal confirms that allegations must be specific and factual to amount to protected disclosures
28/06/18
Court of Appeal has provided some further guidance on what will amount to a "protected disclosure" under the whistleblowing legislation.
Emergency services
Health and social care
Inquests: increase in public funding for representation for bereaved families
26/06/18
Guidance issued changing the way public funding for representation for families at Article 2 inquests is decided.
General
Supreme Court upholds need for variations to follow contractual process
20/06/18
An insight into the the Rock Advertising Limited v MWB Business Exchange Centres Limited judgment.
Health and social care
Access to health records - important changes to know
18/06/18
Important points to note about the charging regimes and finding the exemptions
Housing
Housing case law - June 2018 update
15/06/18
Our monthly #ukhousing case law update to keep you one step ahead.
General
Supreme Court rejects appeal in Pimlico Plumbers case
15/06/18
An insight into the highly publicised case on worker status, Pimlico Plumbers v Smith.
General
Revised section 40 of the Freedom of Information Act
11/06/18
Due to the Data Protection Act 2018 and GDPR, there are consequential changes to s. 40 of the Freedom of Information Act 2000.
Health and social care
Court of Appeal decision on duty to warn of risks of surgery
07/06/18
The Court of Appeal has provided further clarification on a doctor’s duty to disclose material risks to a patient.
Health and social care
Court maintains the suspension of a healthcare procurement in Lancashire Care case
04/06/18
For the first time the Court accepts that certain losses which were considerable but not catastrophic for the losing bidder could still not be adequately compensated by money.
Housing
Major insurance company enters bankruptcy
04/06/18
Alpha Insurance Company A/S has recently been declared bankrupt. Find out the actions required if you're affected.
Health and social care
EAT holds that dismissal without warning was fair even where no act of gross misconduct
30/05/18
The EAT has found that a Claimant’s summary dismissal, without any existing warnings, was fair even though he had not committed any single act of gross misconduct.
Health and social care
Insurance
Judge finds DePuy metal-on-metal hip implant not “defective”
25/05/18
The Court handed down judgement in what is already being described as a landmark case for product litigation.
Health and social care
Reclaiming community estate overage
23/05/18
An insight into one of the key Government responses for NHS trusts and FTs that hold community estate.
General
Shared parental leave and discrimination – the latest from the EAT
18/05/18
An insight into the question of whether a man taking shared parental leave is entitled to the same rate of pay as a female employee taking maternity leave.
Housing
Housing case law - May 2018 update
17/05/18
Our monthly #ukhousing case law update to keep you one step ahead
Health and social care
GDPR – an essential guide for claims handlers
14/05/18
GDPR is an evolution of the earlier law set out in the Data Protection Act 1998 and many of the principles are similar. However, individuals have enhanced rights, and there are some more onerous obligations on organisations to demonstrate compliance.
Health and social care
High Court declares Senior Coroner’s ‘cab rank’ policy for handling burials unlawful
04/05/18
The Administrative Court has handed down a ruling that it is unlawful for coroners to ignore the requirements of faith communities when considering post-mortem management of bodies subject to their control.
Health and social care
Trust’s monitoring arrangements did not breach junior doctors’ contracts of employment
26/04/18
In this significant decision for NHS employers nationally, the High Court has reviewed the approach taken by numerous NHS Trusts to the monitoring of junior doctor rotas.
Housing
What does Labour’s new green paper ‘Housing for the many’ mean in practice?
26/04/18
Jeremy Corbyn and Shadow Housing Secretary John Healey launched Labour’s green paper on social housing last week. The headline statistic is that Labour plan to build one million new homes over the next 10 years.
Care Homes
Care homes – Employment law quarterly update
24/04/18
Capsticks’ team of employment specialists are delighted to provide you with the first of our quarterly employment law updates which includes recent cases and laws relevant to the sector.
Health and social care
Intellectual property and the NHS
18/04/18
Read our insight into claims brought by independent / private health providers on Intellectual property issues
Housing
Housing case law - April 2018 update
18/04/18
April's housing case law update
Care Homes
Health and social care
Ombudsman offers practical advice on contracts for social care providers
28/03/18
Following a rise in complaints from self-funders about Funded Nursing Care (FNC), the Local Government and Social Care Ombudsman have recently published guidance for social care providers to help them provide clear cost information to service users.
Housing
Planning reform - National Planning Policy Framework consultation 2018
28/03/18
On 5 March 2018, the Government announced a raft of suggested planning reforms which includes revisions to the current National Planning Policy Framework (NPPF).
General
GDPR support for HR - Be one step ahead of May's deadline
22/03/18
The General Data Protection Regulation (GDPR) will have a significant impact on how organisations deal with the personal data of their workforce.
Housing
“Pay less” notices: the contractor’s payment prerogative?
19/03/18
The payment provisions of construction contracts can often lead to disputes between property developers and contractors.
Housing
Housing case law - March 2018 update
09/03/18
Our monthly housing case law update.
Care Homes
Liability for historical abuse and the implications for organisations
21/02/18
Post Saville, Rotherham, and Winterbourne Care Home and the ongoing Inquiry into Child Sexual Abuse, there has been a significant rise in historic abuse claims.
Care Homes
Health and social care
Independent healthcare
New CQC inspection framework explained
15/02/18
In connection with HEFMA, Partner, Ian Cooper has written an insight outlining 10 things you need to know about the CQC’s new inspection framework.
Housing
Tribunal rules that leaseholders must pay for cladding removal costs
15/02/18
The First Tier Tribunal Property Chamber has ruled that the leaseholders of Citiscape, a private tower block in Croydon, must collectively pay the cost of removing dangerous cladding from their building.
Health and social care
Insurance
Vaginal mesh – Recent developments and considerations for insurers
12/02/18
On Tuesday 30th January 2018 the Government announced that they would be launching an independent review into the use of vaginal mesh.
General
Gig-Economy workers' rights update
09/02/18
The Government published “the Good Work Plan”, its response to “Good Work”, the review into modern working practices which was led by Matthew Taylor in late 2017.
Housing
Housing case law - February 2018 update
08/02/18
See our February 2018 Housing case law update
Health and social care
Housing
Government response to Naylor Review
31/01/18
The government has issued its long awaited response to the Naylor Review.
Housing
Residential lease extensions: valuations update
25/01/18
The court of appeal yesterday ruled unanimously against a change in the basis
Health and social care
Insurance
Medical malpractice forward view 2018
23/01/18
Last twelve months have highlighted the uncertainties in an ever changing and complex legal environment
Health and social care
Housing
Carillion: Liquidation- urgent action required
16/01/18
The second largest UK construction company, will send shockwaves
Housing
Leasehold: The government's proposed changes
08/01/18
A response to its consultation on tackling unfair practices in the leasehold market
Health and social care
Sharing lessons from avoidable deaths
21/12/17
The NHS the first healthcare organisation in the world to publish such data
Housing
Our 2017 housing highlights
19/12/17
2017 was a very busy and exciting year for the housing team at Capsticks
General
Health and social care
Disclosures made purely in self-interest are not protected
18/12/17
The Employment Appeal Tribunal (EAT) has provided useful guidance on the scope of whistle blowing legislation
Care Homes
Health and social care
Independent healthcare
New CQC “KLOES” – are you prepared?
14/12/17
The new key lines of enquiry (KLOES) and ratings framework
Housing
Housing case law - December 2017 update
13/12/17
The Court of Appeal has upheld a county court ruling that a landlord’s service
Health and social care
Independent healthcare
Fourth annual report of the Chief coroner
06/12/17
Overview of the coroners service in 2016-17, the chief coroner’s
Health and social care
Insurance
Bereavement damages incompatible with human rights
04/12/17
The court of appeal has declared that the current scheme for bereavement damages under the Fatal Accidents Act 1976 (FAA)
Care Homes
General
Health and social care
Independent healthcare
Latest holiday decision from the European court of justice
01/12/17
The ECJ handed down its judgment this week in King v Sash Windows Workshop Ltd
Housing
The autumn budget: A new hope?
29/11/17
The conservative party conference in october this year, she would personally “dedicate her premiership
Health and social care
Insurance
Professional regulatory
High Court applies new dishonesty test for the first time in a GMC case
24/11/17
Potentially changed the long standing Ghosh test on dishonesty by removing the subjective element
Health and social care
Independent healthcare
In conversation with Capsticks at the HSJ Summit
21/11/17
Summit provides a safe space for senior figures in the NHS
Care Homes
Health and social care
Insurance
High Court confirms no requirement for court application for CANH withdrawal
21/11/17
The High Court confirmed that court approval was not required to withdraw Clinically Assisted Nutrition and Hydration (‘CANH’)
Care Homes
Health and social care
Independent healthcare
Overseas visitors regulations – Are you prepared?
17/11/17
A government consultation on charging patients for care by the NHS
Care Homes
General
Health and social care
Independent healthcare
Dismissal for failure to provide evidence of right to work in the UK
17/11/17
One of the potentially ‘fair reasons’ for dismissal under the Employment Rights Act 1996
GPs
Considering merging GP Practices?
15/11/17
Whether you are considering a merger now, or in the future, we have guidance to help you plan and succeed.