Care Homes
30/08/18
Our first regular edition of the 'Capsticks' Care Homes insight – Top 10 news from the sector'
Health and social 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
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
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
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
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
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
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
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.
Emergency services
09/08/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Housing
02/08/18
Our summary of the key points from the new National Planning Policy Framework.
Health and social care
Independent healthcare
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
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
26/07/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Care Homes
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
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
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
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.
Emergency services
12/07/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Housing
04/07/18
An insight into the effectiveness of CPNs and when they should be used
Emergency services
28/06/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Health and social care
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
26/06/18
Guidance issued changing the way public funding for representation for families at Article 2 inquests is decided.
General
20/06/18
An insight into the the Rock Advertising Limited v MWB Business Exchange Centres Limited judgment.
Health and social care
18/06/18
Important points to note about the charging regimes and finding the exemptions
Housing
15/06/18
Our monthly #ukhousing case law update to keep you one step ahead.
General
15/06/18
An insight into the highly publicised case on worker status, Pimlico Plumbers v Smith.
General
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
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
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
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
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
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
23/05/18
An insight into one of the key Government responses for NHS trusts and FTs that hold community estate.
General
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
17/05/18
Our monthly #ukhousing case law update to keep you one step ahead
Health and social care
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
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
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
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
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
18/04/18
Read our insight into claims brought by independent / private health providers on Intellectual property issues
Care Homes
Health and social care
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
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
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
19/03/18
The payment provisions of construction contracts can often lead to disputes between property developers and contractors.
Care Homes
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
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
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
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
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.
Health and social care
Housing
31/01/18
The government has issued its long awaited response to the Naylor Review.
Housing
25/01/18
The court of appeal yesterday ruled unanimously against a change in the basis
Health and social care
Insurance
23/01/18
Last twelve months have highlighted the uncertainties in an ever changing and complex legal environment
Health and social care
Housing
16/01/18
The second largest UK construction company, will send shockwaves
Housing
08/01/18
A response to its consultation on tackling unfair practices in the leasehold market
Health and social care
21/12/17
The NHS the first healthcare organisation in the world to publish such data
Housing
19/12/17
2017 was a very busy and exciting year for the housing team at Capsticks
General
Health and social care
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
14/12/17
The new key lines of enquiry (KLOES) and ratings framework
Housing
13/12/17
The Court of Appeal has upheld a county court ruling that a landlord’s service
Health and social care
Independent healthcare
06/12/17
Overview of the coroners service in 2016-17, the chief coroner’s
Health and social care
Insurance
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
01/12/17
The ECJ handed down its judgment this week in King v Sash Windows Workshop Ltd
Housing
29/11/17
The conservative party conference in october this year, she would personally “dedicate her premiership
Health and social care
Insurance
Professional regulatory
24/11/17
Potentially changed the long standing Ghosh test on dishonesty by removing the subjective element
Health and social care
Independent healthcare
21/11/17
Summit provides a safe space for senior figures in the NHS
Care Homes
Health and social care
Insurance
21/11/17
The High Court confirmed that court approval was not required to withdraw Clinically Assisted Nutrition and Hydration (‘CANH’)
GPs
20/11/17
GP practices to have clear and up to date agreements in place
Care Homes
Health and social care
Independent healthcare
17/11/17
A government consultation on charging patients for care by the NHS
Care Homes
General
Health and social care
Independent healthcare
17/11/17
One of the potentially ‘fair reasons’ for dismissal under the Employment Rights Act 1996
GPs
15/11/17
Whether you are considering a merger now, or in the future, we have guidance to help you plan and succeed.
Care Homes
Health and social care
14/11/17
The administrative court has very recently handed down an important judgment
GPs
Health and social care
Independent healthcare
09/11/17
The Five Year Forward View makes it clear that the integration of primary and secondary care systems
Housing
06/11/17
The court of appeal has clarified the meaning of “significantly more vulnerable”
Emergency services
02/11/17
The supreme court has ruled that, under EU law, police officers have the right to bring claims in the Employment Tribunal (ET)
Health and social care
Professional regulatory
02/11/17
The Supreme Court has handed down its judgment in the case of Michalak v General Medical Council
Housing
02/11/17
To announce that we are now working with the Chartered Institute of Housing (CIH)
Housing
26/10/17
Local housing allowance (LHA) cap on supported housing.
General
Health and social care
23/10/17
The government announced the first details of the employment tribunal fees refund scheme
General
19/10/17
Criminal Finances Act 2017, which came into force on 30 September
General
18/10/17
Greater Manchester Police has been fined £150,000 after 3 DVDs containing footage of interviews with victims of serious violent crime failed to reach their intended recipient, the National Crime Agency.
General
17/10/17
The Regulations require nearly all public sector employers to publish information on how much time is spent by their trade union officials on paid “trade union facility time” over the course of the relevant 12-month period.
Health and social care
Insurance
16/10/17
Serious incident (SI) investigations are a critical post incident analysis tool
Housing
09/10/17
The court of appeal has held that a secure tenant was not entitled to a statutory
Care Homes
Health and social care
06/10/17
An article written by Jamie Cuffe, Partner in our Commercial team.
Health and social care
26/09/17
On 20 September 2017, Mr Justice Peter Jackson (before moving on to the Court of Appeal) handed down a judgment that clarifies the law, for a difficult and emotive aspect of treatment, for both practitioners and families alike.
Housing
14/09/17
DCLG is currently running a consultation on proposals to stamp out unfair practices
GPs
13/09/17
GP practices - like many other businesses and healthcare providers
Health and social care
12/09/17
Last week, on the same day that the National Audit Office (NAO)
Housing
05/09/17
Read our insight into when is the right time to appeal your local District Judge on rent cases
Housing
04/09/17
The High court has allowed an appeal against the making of a possession order made in favour of the claimant council (Dacorum).
Housing
23/08/17
The High Court has overturned a suspended possession order
Emergency services
17/08/17
Two park police officers were unable to pursue their claims of unfair dismissal against their employer, read the insight into this case.
Health and social care
10/08/17
The Department of Health has issued new guidance for NHS employers
General
Health and social care
02/08/17
The EAT ruled that two NEDs of the petroleum company were personally liable for losses flowing from the dismissal of the CEO after he was dismissed for making protected disclosures.
General
26/07/17
The Employment tribunal fees system, which was introduced under the fees Order
Housing
13/07/17
Social housing and capsticks brought together housing sector leaders
Health and social care
06/06/17
NHS improvement has revised its guidance to NHS providers on whether or not workers providing services
Care Homes
Health and social care
Independent healthcare
11/05/17
The purdah period before the General Election provides CCGs with a great opportunity
General
04/05/17
The EAT consider whether employees who sleep-in are engaged in ‘time work’ for the full duration of the sleep-in shift or whether they are working only when they are awake and carrying out specific duties.
Health and social care
03/05/17
The claimant, a Rwandan national, was dismissed after doubts were raised regarding her real identity.
General
11/04/17
Under the Regulations, relevant public sector employers will have to publish on their website certain information relating to trade union officials and facility time.
Housing
10/04/17
April 2017 will see a number of changes in employment law coming into force
Housing
06/04/17
The old consent regime to dispose of social housing dwellings and land has today been replaced with the duty to notify the HCA of any Relevant Disposals after the event.
Health and social care
30/03/17
The NHSLA has successfully defended this important and ground breaking case on the duty of A&E receptionists and other non-clinical staff in a healthcare setting.
General
29/03/17
With today’s triggering of Article 50 of the Lisbon treaty