Children can find the support to help them adapt and live with the illness.
Solicitors representing the family of an Alzheimer’s sufferer who was filmed being threatened, intimidated and mocked by care home staff say they will ensure a ‘full and thorough investigation’ is held into how the abuse was allowed to happen.
Taking direct action against insurers following a hotel or accommodation accident abroad isn’t as straightforward as it seems, says Chris Deacon.
Data protection is, or at least should be, a major consideration for residential care homes, presenting challenges above and beyond those that a commercial organisation will typically face.
People are increasingly falling victim to practitioners who are unqualified to carry out the cosmetic procedure.
Dentists need no qualifications to carry out cosmetic work.
R (Richmond Pharmacology Ltd) v Health Research Authority. Site fails clarity test.
Also: crowdfunding; education in prison; and more
The NHS paid out compensation to 1,302 patients whose conditions had been misdiagnosed, last year.
Also: new antitrust law; currency floated; and more
More power to those with learning disabilities or autism, and their families.
Bringing about positive change.
Human tissue and the ECHR download
When discussing consent, the donor should be made aware if the intended DNA analysis might reveal significant results
Inquests and deprivation of liberty download
The format of any investigation could be of great importance.
Thinking about secret filming? Take advice first.
Ensure jurisdictional issues are rehearsed before trial, and material issues are focused upon
Classification of medical foods download
Judgment highlights difficulties for companies in developing food products with benefits.
It is often said that getting a good night’s sleep is the secret to success. But what happens to those whose working pattern results in their sleep being fragmented, irregular or minimal?
Conyers Dill & Pearman has provided Cayman and BVI legal advice to Harmonicare Medical Holdings Limited, in connection with its HK$1.59bn IPO on the Main Board of the Hong Kong Stock Exchange.
Proposals to cap medical negligence costs for NHS will prevent patients from receiving compensation they deserve download
Hudgell Solicitors will be strongly opposing Department of Health (DoH) proposals to place a cap on legal costs involved in clinical negligence claims against NHS organisations.
When a family takes the decision to place a loved one into care, it is one of the most difficult decisions they make. Stories such as the one relating to the care of 88-year-old John Swailes, make this task increasingly difficult and daunting.
When a claim can be based on someone else’s disability.
GPs’ failure to detect symptoms must be addressed.
This practice area covers employment agreements and terms, flexible employment relations, boardmembers/directors and remuneration, redundancy and more.
…to cut the £4.5bn legal medical negligence bill.
BWB briefing for charities and social enterprises: charity law reform; social media guidance for schools; and more download
Also: Charity Commission’s Annual Report and Strategic Plan for 2015/16; and Crown Commercial Service’s updated version of its lean sourcing guidance for public sector buyers.
New lasting power of attorney (LPA) forms apply to both property and financial affairs, and to health and welfare.
APIL advanced brain and spinal cord injury conference takes place 2-3 July 2015.
Gateley looks at the problems smaller care homes face and what defensive strategies smaller care home operators can adopt to buck the current trend.
BWB Briefing for Charities and Social Enterprises: press watchdog to be a charity; payment by results; and more download
Also: People with Significant Control consultation; Scotland may extend FoI rules; and more.
Getting in line with international money-laundering and terrorism standards.
Guidance on vulnerability download
You could be excused from thinking that guidance on vulnerability is a bit like the buses. Nothing comes for a while and then three come together.
One third of employers struggle to make workplace adjustments for stress disorders.
To increase the attractiveness of hospital PPPs Turkey guarantees lease payments.
From care homes to care at home? download
Occupancy rates at full-service care homes have been falling since 2006.
On the topic of immigration there is rarely a moment for pause and with migration issues at the forefront of the political agenda we expect to see more of the same. Eversheds sets out some recent items that may be of interest.
In Easton v B&Q, the High Court considered whether an employer was liable for an employee’s psychiatric illness, allegedly caused by stress at work.
Disability, diet and diabetes download
A puzzling decision from the Employment Appeal Tribunal.
Protecting cosmetic surgery patients download
GMC proposals to better protect cosmetic surgery patients are a positive step
‘Swiss’ form patent claims do not need subjective intent for infringement: Court of Appeal rules in Warner-Lambert v Actavis download
The English Court of Appeal has issued considered, well-reasoned guidance on the construction of patent claims in ‘Swiss’ form. The decision is likely to have impact well beyond British shores.
Switzerland: drugs pricing rethink download
Doubtful whether the newest amendments to the regime will be valid.
Learning lessons from asbestos case download
Zurich v IEG – be aware of the difference in approach between Guernsey- and UK-based claims.
Suggestions that pharmacists should be protected from prosecution could lead to secrecy and denial.
£27m award for delays to generic capsules launch is upheld.
Decision clears the way for the launch of ‘generic’ patches
What is medical negligence? download
How can you be sure that you have fallen victim to negligence? And if you are sure, what steps do you need to take?
There are no excuses – it is a life-threatening crime people choose to commit
BWB Briefing for Charities and Social Enterprise – 19 May: Summer Budget, effective buying for schools, media network coordinators, and more download
Also: ICO issues South Wales Police with fine for losing video recording; Bond’s ‘Impact Evaluation: A Guide for Commissioners and Managers’, and more.
The informal Decision Making Under the Mental Capacity Act seminar will discuss various approaches to decision-making under the 2005 act.
Someone is admitted to a UK hospital with an acquired brain injury every 90 seconds.
Serbia: VAT and clinical trials download
The services local CROs provide to foreign affiliates do not qualify as services to clinical trials.
BWB Briefing for Charities and Social Enterprise: elections; corporates and social investing; and more download
Also: sector growth exceeds expectations; lottery benchmarking survey; and more.
Five ways to deal with hoarders download
Landlords’ decision-making process should document whether clutter-friendly tenants are vulnerable; and other tips
Years of errors by Furness Hospital midwife highlight need for greater scrutiny across the board download
The failings of former Furness General Hospital midwife Marie Ratcliffe have been laid bare nationally by her admission of making mistakes contributing to the deaths of two babies.
Genomics England relies on its GC to build the support systems so it can revolutionise patient care
Shoosmiths has announced two new partners as part of its latest promotions round: Andrea James and Tom Wilde, who previously held senior associate roles within the firm.
Privacy law and young people download
Guidance on issues in Australia plus legislative developments and interesting court decisions in other countries.
Where will the enforcement vote go? download
Moves to stop the enforcement of debts by way of taking control of goods could be on the way, and other factors enforcement professionals should consider.
Briefing for Charities and Social Enterprise, 29 April: appeals time limit; new regulator; and more download
Also; good practice for annual reports; voluntary sector survey findings; and more
New legal basis for a temporary public procurement procedure for certain medical products.
The OIG released new guidance to assist governing boards of healthcare organisations in the discharge of their oversight obligations regarding compliance.
The government has fulfilled its pledge to balance its books after seven years of deficit largely by dipping into its contingency fund, cutting spending, and selling off assets.
Clinical negligence and healthcare law are the heart of Serjeants’ Inn Chambers and our barristers have led the way in developing the law in these areas.
Changes to the UK immigration rules download
Verity Buckingham of Dentons discusses the key changes to UK immigration rules, including the increase in fees for immigration applications and the reduction of visitor visa routes.
The US Senate has passed the Medicare Access and Children’s Health Insurance Program Reauthorization Act with bipartisan support.
Hugh Johnson speaks at GovToday social care conference on pressure ulcers
Outer Temple Chambers will be running seminars on Part 1 of the Care Act 2014 in spring 2015.
In March, MPs backed legislation for the plain packaging of cigarettes. Health campaigners have welcomed the news; tobacco companies have not.
Diabetic and disabled? download
A bus driver who controlled his type 2 diabetes by avoiding sugary drinks was found to be not disabled for the purposes of the Equality Act, but don’t assume that will always be the case.
The Care Act: new responsibilities download
The Act aims to make support more consistent across England. It will be implemented in two phases.
Pharmaceuticals and healthcare newsletter: licensing of aesthetic procedures; telemedicine; social media ads; and more download
Monthly digest of legal developments affecting the life science and healthcare industries across the continent.
Deprivation of liberties: when is a DOL not a DOL? When the parents of a 15 year old agree to it download
Bridget Dolan and Sarah Simcock of Serjeants’ Inn Chambers comment on Re D (A Child: Deprivation of Liberty).
From this autumn employers or GPs will be able to refer anyone expected to be off sick for four weeks or longer to the new ‘Fit for Work’ service. Here’s what HR needs to know.
On 1 April 2015 new legislation comes into force that will affect registered care providers.
Lawyers are often criticised for facilitating claims against the NHS but as a senior MP remarked to me last week, “if you didn’t sue them they’d never learn”.
SPCs and combination products: basic patent on a sole ingredient cannot double as basic patent for combination download
On 12 March 2015 the CJEU gave its ruling in Actavis v Boehringer Ingelheim, yet another reference from the UK courts regarding the interpretation of the SPC Regulation 469/2009.
An overview of legal developments in the regulation of circulation of medicines and medical devices, and the provision of medical aid.
An overview of the main changes outlined by the Chancellor.
Charities and social enterprise newsletter: a 15-point checklist; non-party campaigning; public service pensions; and more download
Also, a £7m Arts Impact Fund, an early-years education fund and data protection issues.
7 May 2015 - Election Day. Parliament will dissolve on 30 March 2015 as the nation braces itself for new policies from the party or parties that will form a government.
The department’s response sets out the changes made to regulations and guidance.
Opportunities for private health and social care providers to work with local authorities.
Cooley has hired Reed Smith life sciences partners John Wilkinson and Nicola Maguire to join its London office as partners.
The Memorandum of Understanding between the Care Quality Commission (CQC) and the Health and Safety Executive puts the primary responsibility for investigating and enforcing patient safety issues in the hands of the CQC.
Private healthcare contractors with employees in ‘broadly comparable schemes’ need to be aware of guidance issued by the Department for Health.
It has been recognised for a long time that being able to deliver integrated care is a key element of an effective health service.
Two of the key health battlegrounds we will be keeping an eye on.
Many NHS Trusts benefitted from new facilities under PFI/PPP arrangements. Some Trusts are now asking whether these arrangements continue to be a benefit or have now become a burden.
Stewarts Law associate Hugh Johnson recently spoke to a conference with delegates with a background in care about the avoidable harm of pressure ulcers, which largely affect immobile patients.
The Supreme Court on 11 March 2015 handed down a unanimous judgment that confirms that the Bolam test does not apply to a doctor’s duty to warn patients of the risks of treatment.
Novartis has acquired GlaxoSmithKline’s oncology products and divested its vaccines business (excluding flu) to GSK.
It has never been more crucial for both contracting authorities and suppliers to ensure they are familiar with the changes brought about by the Public Contracts Regulations 2015.
Arnold J has delivered a solution to the issue of a patent with claims in the ‘Swiss form’ but this is unlikely to be the last word in the saga. Life sciences companies – watch this space.
AdTech and monetisation update: privacy on Google Chrome, native advertising, healthcare apps and more download
Advertising technology and monetisation update, including regulatory developments in the fields of information privacy and online advertising.
Herzog Fox & Neeman advised a foreign fund in its $5m investment in Israeli technological healthcare company Entera Bio, towards the IPO of Entera Bio’s shares in the US.
Fit note data reveals mixed results download
The number of people off work for at least 12 weeks is falling due to ‘fit notes’ but there has been a 65 per cent increase in mental health problems, according to new research.
Wragges has advised long-standing client on a three-year drug discovery collaboration agreement with Orca.
Where is the boundary between assistance and being in the arena, and how does the internet impact on that?
Founding and managing partner
Founding and managing partner
The Israeli Supreme Court has rejected an appeal filed by an infant and her parents against Heinz Remedia, Humana Milchunion and the Israeli Ministry of Health.
Eurasian Economic Union: legislative developments in medicines and medical devices circulation download
Russia, Kazakhstan and Belarus are committed to forming a common market in medicines, in accordance with the Eurasion Economic Union Treaty.
BWB Briefing for Charities and Social Enterprise: Government response to report on regulating healthcare professionals, and more download
Bates Wells Braithwaite has published its Briefing for Charities and Social Enterprise: 3 February.
Data Issues Roundup — death inquiries data lost; Google only removes EU search results; report on Internet of Things; and more download
Addleshaw Goddard has released the 30 January 2015 issue of its Data Issues Roundup.
Walgreens Boots Alliance has made former Alliance Boots legal counsel and chief administrative officer Marco Pagni executive vice president (VP) and global chief legal and administrative officer of the newly combined business.
Conyers advises International Finance Corporation on the structuring of its investment in Echo-Scan Services.
The Court of Justice of the European Union has recently confirmed that obesity can be a disability. Shoosmiths considers the practical implications of this decision for employers.
Victims of a blood scandal that saw some 30,000 people infected with Hepatitis C from contaminated blood transfusions in the 1970s and 1980s are set to sue the Government,
Shoosmiths has advised DPE Deutsche Private Equity and its portfolio company OmniaMed on their multi-million pound acquisition of Schofield Healthcare Media.
Saudi Arabia Update 2015: shop opening hours law proposal; expansion of court system in Riyadh; and more download
Dentons has released the January 2015 edition of its Saudi Arabia Update.
The Federal Law dated 22 December 2014 No. 429-FZ introduces important amendments to the Federal Law dated 12 April 2010 No. 61-FZ ‘On Medicines’ Circulation’.
A barrister with one of the largest sets in the UK is to be appointed Queen’s Counsel in February.
How the EMA treats disclosure and redaction of the information held in the CSRs has undergone significant change in the last year. This note takes a look at those developments and what we can expect in 2015.
Naomi Owen looks at the recent decision from HHJ Eady QC in Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust .
RadcliffesLeBrasseur has signed a nine-year lease on 28,000 sq ft of office space in the old Reuters building at 85 Fleet Street.
The habits of healthcare consumers have changed: no longer do they perceive a medical visit as something necessarily separate from all other life events.
Shoosmiths has advised Renal Services (UK) Ltd, a provider of independent dialysis services to NHS patients, on its £3.1m investment from the Business Growth Fund (BGF).
HealthTrust Europe, a central purchasing body for the health sector, has launched a procurement exercise for its legal services panel review in 2015.
A New Year it may be, but unfortunately 2015 has started with yet more headlines of elderly care home patients being physically abused by staff.
Happy New Year! 2015 brings more reasonable breach notification reporting periods for California healthcare providers download
AB 1755 gives health facilities and those required to be licensed under Health & Safety Code Sections 1204, 1250, 1725 or 1745 15 business days to investigate and report violations of the California Medical Information Act.
Regulations that would have made employees of third-party home care agencies ineligible for the Fair Labor Standards Act’s (FLSA) companionship exemption from minimum wage and overtime pay have been struck down.
Loyens & Loeff has appointed Gerard Blokland, Bastiaan Cornelisse, Tom van Helmond, Natalie Reypens and Michael Scott as partners, effective from 1 January 2015.
The M&A team at Wierzbowski Eversheds has advised Perma-Fix Medical on its reverse merger with CEE Opportunity Partners Poland.
Health Alert — Julia Clare v Australian Community Pharmacy Authority; Dr Reid v Medical Council of NSW; and more download
DLA Piper has released the 22 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe.
Statistics from the NHS Litigation Authority have revealed that the number of people making clinical negligence claims against the NHS has reached unprecedented levels.
The European Court has ruled that obesity may fall within the concept of ‘disability’, attracting protection against discrimination.
California’s Insurance Fraud Prevention Act: three unsettled issues the health sector should understand download
California’s Insurance Frauds Prevention Act, Ins. Code §§ 1871 et seq. (IFPA), is an unusual false claims statute.
Saudi Arabia Update — Shoura Council focus on monopolies; liberalisation of healthcare sector; and more download
Dentons’ latest Saudi Arabia Update covers healthcare liberalisation, employment law, consumer protection and judicial corruption.
The message couldn’t be any clearer — there will be no excuses for NHS Trusts covering up their errors.
The award was presented to Bill and Stella Jackman to recognise their 30 years of dedicated support to Headway Suffolk.
Solicitor Caroline Murgatroyd from Neil Hudgell Solicitors has acted for a man who was left severely disabled after developing an abscess on his spine.
Birss J rules on product by process claim construction, extension of scope, added matter and obviousness in Hospira v Genentech.
Health Alert — changes to Commonwealth Seniors Health Card; Cheney v Mid North Coast Local Health District; and more download
DLA Piper has released the 15 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
A former student nurse who was left with life-long medical problems following the birth of her first child at Stafford Hospital has been given a six-figure sum as part of a settlement with the NHS Trust responsible for her care.
Neil Hudgell Solicitors is supporting the family of a father who died after being allowed to leave a Hull mental health facility alone, 24 hours after attempting to kill himself.
Minter Ellison advised the NSW government over the procurement of Northern Beaches Hospital in a ‘first of its kind’ transaction.
Walker Morris has advised on the sale of Woodleigh Community Care to Care Aspirations Developments, a wholly owned subsidiary of Cambian Group plc.
Complaints Matter: the Care Quality Commission's review on the handling of complaints made to the NHS download
Complaints Matter is a report by the Care Quality Commission. On the summary sheet it states: ‘Complaints matter in health and social care and for too long they have not been taken seriously enough.’
According to IBM, 90 per cent of the world’s data was created in the past two years. The rise of ‘wearable technology’ will only serve to increase the levels of data collected.
Chase Lorck, a six-year-old boy from Dulwich, South London, who has cerebral palsy as a result of being deprived of oxygen at birth, has been given £7m in damages.
Addenbrooke’s Hospital must be held accountable for failing to prevent abuse of young boys at the hands of Dr Myles Bradbury.
DLA Piper has released the 8 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
DLA Piper has advised Pfizer on the $635m (£405m) acquisition of commercial vaccines from Baxter.
Evidence from health advisory body NICE suggests midwifery-led care is safer than hospital care for women who are considered to be ‘low risk’.
Mergers: European Commission approves acquisition of Covidien by Medtronic, subject to conditions download
The European Commission has cleared the proposed acquisition of Covidien by Medtronic.
Fiona Horlick successfully represented a doctor who appealed against a decision to hear his case in his absence.
Binding arbitration in managed care contracts — six tips to tailor your dispute resolution provisions download
The Affordable Care Act is moving millions of previously uninsured patients into commercial managed care health plans.
We at Neil Hudgell Solicitors place our focus on questioning errors which could and should have been avoided with due care.
In 2013, the Court of Appeal was asked to consider the obligation of good faith in a commercial contract in the context of the exercise of a contractual discretion.
Disability-related disciplinary download
A recent case has highlighted that where an employee’s misconduct has been caused by a medical condition an employer may not necessarily be acting fairly when deciding to dismiss.
David Young, partner and health and safety expert at Eversheds, has commented on the prevalence of campylobacter in supermarket chickens.
DLA Piper has advised Australian Securities Exchange-listed REVA Medical Inc on the issue of $25m (£15.8m) of convertible notes and also 8,750,000 options to an international investor consortium.
Brendan Quinn, the boss of Causeway Retreat Rehab Clinic in Essex, has been struck off the nursing register due to his ‘flagrant disregard’ for the safety of patients.
Up to Date: shared parental leave — our detailed guide to the new system; making sense of holiday pay; and more download
Addleshaw Goddard has released the November 2014 edition of its Up-to-Date publication on employment law and developments.
A project advised on by Eversheds has been awarded Healthcare Deal of the Year 2014. The deal involved advising the International Finance Corporation on a $37m hospital PPP.
High Court restricts common law duty of care where hospitals/ doctors have statutory obligation to discharge from involuntary detention download
This case provides some clear guidance on how the statutory obligations on doctors and hospitals to care for mentally ill persons in the ‘least restrictive’ manner relate to, and can limit, a duty of care.
Health Alert — Robinson v Ng; Dr A v Health District; Health Practitioner Regulation Legislation Amendment Bill 2014; and more download
DLA Piper has released the 24 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Medical negligence experts at Neil Hudgell Solicitors have welcomed the NHS’s move to bring greater transparency with its MyNHS website.
An unknown number of patients across England and Wales may have been fitted with ‘mix and match’ hip replacements that could be wearing down too quickly.
BWB Briefing for Charities and Social Enterprises — several interesting reports about the role of trustees; and more download
Bates Wells Braithwaite has released the 20 November 2014 issue of its BWB Briefing for Charities and Social Enterprises.
Guidance about how outsourced employees under the old Fair Deal can be re-admitted to the NHS Pension Scheme has been issued by the Department of Health.
Government turns up the heat with the False Claims Act — five action steps for healthcare providers download
Forbes has dubbed 2014 ‘The Year of the Whistleblower’. For healthcare providers, this designation has translated into millions of dollars in fines.
Nageena Khalique, head of public law at No5 Chambers, has spoken on behalf of Action Cerebral Palsy at the House of Commons.
An inquest into the death of Derek Marks heard that a clerical error saw him receive seven doses of chemo. His widow was represented at the inquest by Richard Grimshaw.
This article explores some current healthcare financing trends and speculates on what they may portend for work in a healthcare restructuring professional’s ‘pipeline’.
Health Alert — CMA adopts new policy on referrals; Queensland medical breakthrough; Mental Health Amendment Bill; and more download
DLA Piper has released the 17 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Fear of defeat prompted the UK government to announce an intention to devolve further powers to Scotland.
The prospect that obesity could be seen as a disability raises various questions, including what steps employers might take to ensure that its workforce is healthy.
Being given the devastating news that you, a family member or even a close friend has cancer is something many of us fear most in terms of our health.
BWB Briefing for Charities and Social Enterprises — FAQs for charities on the impact of the Lobbying Act; and more download
Bates Wells Braithwaite has released the 13 November 2014 issue of its BWB Briefing for Charities and Social Enterprises.
BDK has launched a new life sciences and healthcare practice group, which combines the firm’s existing capacity in various areas.
Prescriptions for apps download
On 13 November, the NHS announced a ‘radical’ new idea to become fully paperless — that is to say, provide more services online.
The recall is believed to be the biggest in British medical history.
The cause of death had been left ventricular failure caused by pericarditis (the swelling of the pericardium, a fluid-filled sac surrounding the heart).
The CMA has made an order designed to address the adverse competition effects identified by the Competition Commission.
When a state agency strays into antitrust liability: four practical tips about professional self-interest download
Are you a practising physician who sits on a state licensing board? Is your business affected by a state board with practising physicians on it?
While protecting workplaces from the Ebola virus, employers in the US should comply with federal and state employment discrimination, leave and privacy laws.
KPMG International’s ‘Infrastructure 100: World Markets Report’ highlights key trends driving infrastructure investment around the world.
Eversheds has advised NHP on its £477m acquisition by Formation Capital, Safanad and Court Cavendish.
The NHS has paid damages totalling £44.6m to 691 patients in the last eight years who brought medical negligence claims after hospitals missed a vital cancer diagnosis.
Walker Morris has announced the winners and runners-up of the landmark 20th-anniversary Children’s Charity Calendar Painting Competition.
Health Alert — Whyte v Medical Council of NSW; Pisano v Health Solutions; measures in the fight against Ebola; and more download
DLA Piper has released the 10 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
A grieving partner has called for a review of psychiatric care at the North Devon District Hospital after his partner was discovered hanging in her bedroom.
Addleshaw Goddard has advised UK REIT client and primary care property investor and developer Assura Group on its acquisition of 11 medical centres.
Walker Morris is hoping to raise money for charity by holding an auction of the paintings from two decades of its Children’s Charity Calendar Competition.
In Teva v Leo, Mr Justice Birss was asked to decide whether two patents relating to a combined formulation for treatment of psoriasis were valid and infringed.
Wragge Lawrence Graham & Co has advised Formation Capital on its acquisition of NHP for a consideration of £477m.
A couple with learning difficulties has been awarded £12,000 in compensation at the High Court after a judge ruled that their basic human rights had been violated.
DLA Piper has announced that Jeanne Bossi-Malafosse will join the firm in Paris as counsel.
Eversheds has appointed established funds and real-estate tax lawyer Cathryn Vanderspar as the new head of its London tax team.
Food and Hospitality Bites — licensing and deregulation; the new requirements for allergen labelling; and more download
This is the second edition of DLA Piper’s Food and Hospitality Bites, a publication for clients in the food, leisure, hospitality and licensed industries.
Fiscal state aid: atomic alarm download
On 5 November 2014, a group of journalists placed about 540 rulings granted by the Luxembourg tax administration to some 340 companies active in a large number of industries.
Addleshaw Goddard has cycled 1,342km as part of this year’s Breast Cancer Care’s Tour De Law.
Here are some of the key considerations for hospitals in dealing with infectious diseases such as Ebola virus disease.
Data Issues Roundup — government increases ICO fining power for nuisance calls and spam messages; and more download
Addleshaw Goddard has released the 4 November 2014 issue of its Data Issues Roundup.
Under new draft guidelines, doctors, nurses and midwives have been told to be honest with patients and apologise when mistakes are made.
Health Alert — Health Care Complaints Commission v Marquinez; Biosecurity Bill 2014; and new walk-in centres prove popular download
DLA Piper has released the 3 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
‘Fit for Work’ — fit for purpose? download
The number of employees on long-term sickness absence, and the willingness of many GPs to simply sign employees off sick, is a cause of great concern to employers.
Research shows that employee stress levels are rising in line with the demands of the 21st-century workplace.
Dupuytren’s Contracture (DC) is a condition that affects the sufferer by causing a thickening of the tissue located in the palm of the hand.
People have responded to the technological revolution by working longer hours and refusing to leave the office behind even when they can be prised from the desk.
‘Staying power: success stories in global healthcare’ identifies four key principles underlying healthcare transformation, and five practical ways to make change happen.
Eversheds’ Audrey Williams has commented on the findings of research carried out by Bupa that reveal mental-health prejudice in UK organisations.
The draft CPR Report proposed guiding principles for a new intergovernmental agreement to establish choice and competition principles in human services.
DLA Piper and Gallastegui Lozano are to combine in Mexico City. Locally, the combined firm will adopt the name DLA Piper Gallastegui y Lozano.
Samantha Betzien, a partner in the human resources and industrial relations group in Brisbane, has won the Queensland Woman Lawyer of the Year award.
Health Alert — Vision Eye Institute v Kitchen & Anor; Health Administration Corporation v George D Angus; and more download
DLA Piper has released the 27 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
What can and what should organisations be doing to prepare for Ebola from a health and safety point of view?
There has been a rise in the numbers of DoLS applications, perhaps due to the recent judgment in Cheshire West.
From 1 October 2014, a father or partner of a pregnant woman have the right to take unpaid time off to accompany the woman to up to two antenatal appointments.
Appeals: a blessing in disguise? download
The case of McMillan v Airedale NHS Foundation Trust called into question an employer’s right to increase a disciplinary sanction on appeal.
The family of David Mallaby, a father of two who died in 2012 after his GP failed to spot the signs of bowel cancer, has been awarded a six-figure payment at the High Court.
Sale-leasebacks accommodate buyer and seller in today’s healthcare real-estate market: seven reasons why they work, five pitfalls to note download
The recent spike in real-estate values is once again shining the spotlight on another useful financing tool: the sale-leaseback.
BWB Briefing for Charities and Social Enterprises — report on state of health and care services in England; and more download
Bates Wells Braithwaite has released the latest issue of its BWB Briefing for Charities and Social Enterprises.
On 29 September 2014, the Constitutional Law of the Republic of Kazakhstan was issued.
IBB Solicitors’ Caroline Dunne has written an article advising medical sales representatives on how to avoid a driving ban if they have acquired 12 points on their licence.
Caroline Dunne of IBB Solicitors has written an article discussing how nurses facing a driving ban could avoid losing their licences — even if they have acquired 12 points.
The following areas are covered in this article: banks and finance; state procurements; medicine and pharmaceuticals; and customs law.
The following regions are discussed in this article: Azerbaijan; Kazakhstan; the Russian Federation; Uzbekistan; and Kyrgyzstan.
IBB’s Malcolm Underhill has commented in The Times on the liability and duty of care of hospitals treating Ebola patients.
The OIG Compendium provides a summary of opportunities to ‘achieve cost savings, improve programme management and ensure quality of care and safety of beneficiaries.’
Health Alert — Gray v Richards; Psychology Board of Australia v G; health insurance legislation amendment; and more download
DLA Piper has released the 20 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
This article briefly surveys risks from the US healthcare perspective when companies choose to adopt a BYOD policy.
Dentons’ Katie Ashton discusses the trends that are forcing change in how healthcare services will be delivered in the decades ahead.
Worrying questions have been raised over NHS trusts using private healthcare providers to clear waiting lists.
The Safeguarding Adults Return showed that around 104,000 elderly or vulnerable people suffered abusive treatment in care homes or their own homes last year.
The US OSHA has launched an Ebola web page for employers, providing information on Ebola and how to protect workers.
Addleshaw Goddard has acted for Northumbria Healthcare NHS Foundation Trust on a deal to voluntarily terminate the PFI contract at Hexham General Hospital.
Healthcare and human rights download
On 13 October 2014, Richard Clayton QC hosted a seminar on healthcare and human rights at the Human Rights Law Association.
Compensation payout for hospital negligence resulting in brain damage and cerebral palsy to unborn child download
Nine-year-old Cody Lyster-Hughes has been awarded up to £6.5m in damages by Northern Lincolnshire and Goole Hospitals NHS Foundation Trust.
The Mental Capacity Act 2005 introduced lasting powers of attorney and created a new Court of Protection to make decisions on behalf of adults who lack capacity.
DLA Piper has advised Synergy Health on its recommended combination with STERIS Corporation.
Health Alert — Physiotherapists Board of Australia v Dopson; New Health New Zealand Inc v Attorney-General; and more download
DLA Piper has released the 13 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Food and Beverage News and Trends — School Nutrition Association responds to critical article; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
B P Collins is co-sponsoring an upcoming fundraising event on 20 November on behalf of local charity Scannappeal, featuring celebrity MasterChef presenter Gregg Wallace.
Pillsbury has assembled a new team to help clients with their global security strategy and compliance needs.
Kay Barnes, senior solicitor at Neil Hudgell Solicitors, has represented Emma Cave, a mum who recently won compensation after being wrongly given MMR vaccine during pregnancy.
The EAT has found that an employee was not automatically unfairly dismissed when he took time off to care for his pregnant partner. Katie Marsden looks at the reasons why.
Health industry clients face regulatory and enforcement challenges on multiple fronts. It can be difficult to prioritise and allocate resources properly.
Imagine the worry: you visit an elderly relative in a care home, but leave with a nagging doubt that something isn’t quite right, and that perhaps they are being mistreated.
Dr Mark Britnell, chairman of the global health practice at KPMG, has become a member of the Global Agenda Council on the Future of the Health Sector.
The Health and Safety Executive (HSE) has recently updated its guidance document ‘Health and Safety in Care Homes’.
BWB Briefing for Charities and Social Enterprises — Charity Commission report; Intellectual Property Act 2014; and more download
Bates Wells Braithwaite has released the latest issue of its BWB Briefing for Charities and Social Enterprises.
Health Alert — Pisano v Health Solutions (WA) Pty Ltd; Dr A v Health District (No 2); and more download
DLA Piper has released the 6 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Healthcare at Home Ltd v Common Services Agency (Scotland) concerns the interpretation of the ‘reasonably well-informed and normally diligent’ tenderer.
KPMG has acquired certain assets of Qubera Solutions, a privately held cyber-security firm that provides IAM services to Fortune 500 and Global 2000 companies.
UAE employment law updates download
The Dubai Health Insurance Law No. 11 of 2013 obligates all employers in Dubai to provide their employees with compulsory healthcare insurance.
HHS-OIG issues proposed rule relating to AKS, beneficiary inducement CMP and gainsharing CMP download
HHS-OIG has promulgated a proposed rule that would amend the agency’s regulations governing AKS, beneficiary inducement CMP and gainsharing CMP.
Global Insight — bankruptcy sales for distressed hospitals: four questions to ask before you begin; and more
DLA Piper has published issue 11 of its restructuring e-newsletter Global Insight .
Employers should be aware that effective as of 29 October 2014, statutory leaves of absence in Ontario under the Employment Standards Act 2000 will be expanded.
Final regulations regarding limited-scope vision and dental benefits and employee assistance programmes as excepted benefits download
The US Department of Treasury has issued final regulations regarding limited-scope vision and dental benefits and employee assistance programmes as excepted benefits.
Barrister Patrick Sadd from Outer Temple Chambers (OTC) recently spoke on the critical role of expert evidence at the annual Cambridge Medico-Legal conference.
Goodman Derrick has advised the majority shareholder on the sale of The Planning Shop International (TPSi) to a division of Omnicom Group.
DLA Piper has released the 29 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Barrister Ben Bradley from Outer Temple Chambers has represented the family of Alan Lucas in a recent inquest before HM Coroner for Birmingham and Solihull.
Joshua Kaye, co-chair of DLA Piper’s US Healthcare practice, has been named to the Daily Business Review’s ‘Rising Stars’ list.
Thousands of people in England have attempted suicide while on an NHS waiting list for psychological treatment, according to a study of mental health services.
Worrying new reports have highlighted a mounting financial crisis across the NHS — as UK hospitals struggle to manage a relentless increase in the demand for care.
Anchor Trust has been ordered to pay £170,000 in fines and costs after an elderly lady suffering from dementia died in its care.
No5 Chambers has sponsored Birmingham Citizens Advice Bureau’s AGM, which was held on 18 September at the Birmingham REP Theatre.
Companies can expect an increase in creative and complex qui tam cases, with the DoJ lending its substantial resources to the growing plaintiffs’ bar.
Barrister Henry Pitchers from No5 Chambers has represented the family of Evelyn Smith who died from bacterial tracheitis last year, aged seven.
The Draft Report of the Competition Policy Review aims to set the pathway for resuscitating productivity growth in Australia.
Health Alert — Southern Radiology Nuclear Medicine v Environmental Protection Authority; and more download
DLA Piper has released the 22 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient.
The recent Modern Law conference provided fascinating insights into the divergent routes taken by different law firms.
DLA Piper has advised Brook Henderson Group on the sale of Asteral to Pantheon Holdco, a company backed by private equity house Permira.
Shoosmiths has expanded its real-estate offering in Edinburgh with the hire of an established senior associate. Sheelagh Cooley joins from Anderson Strathern.
Health Alert — Appleton v Norris; Psychology Board of Australia v GA; Reben v Medical Board of Australia; and more download
DLA Piper has released the 15 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Nabarro is acting for FTSE 250 international PPP infrastructure investment company John Laing Infrastructure Fund on its placing to raise up to £50m.
The family of Nicola Ames, a lady who died after being given three times the recommended dose of a sedative, has been awarded £65,000 in compensation.
Analysis compiled by moneysupermarket.com has found nine of the 10 occupations that cause the most accidents on the road to be medical workers.
Over the last several years, a wide range of healthcare companies have faced financial distress as a result of declining revenues and high operating costs.
Our real-estate team has a considerable depth and breadth of experience in all aspects of commercial real estate.
Neil Hudgell Solicitors has represented a 63-year-old patient whose hip replacement operation was cancelled as she lay on the operating table due to a mix-up over blood supplies.
From 1 October 2014, the partner of a pregnant woman will be entitled to take unpaid time off work in order to accompany the expectant mother to antenatal appointments.
BWB Briefing for Charities and Social Enterprises — Law Commission reports on charity law reform programme; and more download
Bates Wells Braithwaite has released the 9 September issue of the BWB Briefing for Charities and Social Enterprises.
Digital technology and big data might help the industry reboot its relationship with patients and loosen its dependence on old-fashioned blockbuster drug development.
Last year, more than 6,000 people were admitted to hospital following a canine attack, costing the NHS an estimated £3m.
The road ahead: what’s coming in the final months of the 113th Congress and the Lame Duck session download
Dentons’ look at the road ahead in Washington provides a snapshot of the key issues on the agenda before 4 November and in the ‘Lame Duck’ session to follow.
We have an expert team that handles large, complex projects, anywhere in the world.
Our specialists steer clients through the complex and dynamic area of competition and EU law, wherever they are located.
DLA Piper has released the 1 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Partner, Capital Projects
Partner, Forensic Services
Eversheds has advised the Cell Therapy Catapult on a partnership with UCL Business (UCLB) and Imperial Innovations.
This review is effective as of 30 July 2014 and focuses on areas including banks and finance, state procurements and the investment climate.
A survey has found that 45 per cent of GPs admit prescribing antibiotics unnecessarily, despite knowing the drugs will not help.
Director, Forensic Services
Partner, Forensic Services
Julie Congreves has commented following the government’s statement that changes to lasting powers of attorney applications will streamline the process.
DLA Piper has signed a lease renewal to expand to two floors containing 45,000ft² located at Southeast Financial Center in Florida.
The potential impact of Ebola is of interest to all corporations with a presence in Africa, and in particular to those with projects, assets and personnel in the countries affected.
The CQC will begin to rate adult social-care services on a four-point scale of Outstanding, Good, Requires Improvement and Inadequate from this October.
Health Alert — Medical Board of Australia v Andersen; Improving Cancer Outcomes Bill 2014; and more download
DLA Piper has released the 11 August 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Recent consultation case highlights the court’s willingness to intervene in public sector decision making download
All health sector bodies thinking about taking decisions that are subject to a period of public consultation should take heed of the High Court’s recent judgment.
BWB’s public and regulatory law team, headed by Melanie Carter, provides practical and strategic advice and representation for its clients.
With a diverse client base and varied work load, the property team has an unusual breadth of vision and understanding.
Our team operates predominantly in the small to mid-cap market, where we have extensive experience and a client-focused approach.
BWB advises on finance issues for a broad range of clients, both for those providing finance and to those receiving it, be that in the not-for-profit or commercial sectors.
Senior solicitor — London
Private patient units download
It is widely expected that the trend of NHS hospitals seeking to establish or expand their private patient units offerings will continue.
Our expert medical negligence solicitors have more than 20 years’ experience in dealing with claims arising out of the NHS and the private healthcare sector.
The circumstances that may lead to a clinical negligence claim could be that you have had treatment that has not had the result that you expected.
Don’t forget the 23 September 2014 deadline to ensure your business associate agreements comply with the Omnibus Final Rule download
Covered entities with business associate agreements that were entered on or before 25 January 2013 must revise their BAAs by 23 September 2014.
No5 Chambers’ Nageena Khalique has appeared in the Court of Appeal to represent a protected party who lacked the capacity to make a decision about amputation.
The Ebola outbreak in West Africa has seen a number of advisories from P&I Clubs and industry bodies.
Life Sciences Spotlight: Chinese regulatory enforcement action showing no signs of slowing down; and more download
Welcome to the fourth edition of Life Sciences Spotlight.
Employers in England should be aware of the possible impact that a rising number of people with dementia could have on their operations, a new report says.
Health Alert — guardianship and administration application in the matter of MDC; Kowal v O’Day & Ors; and more download
DLA Piper has released the 11 August 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The Health and Safety Executive has highlighted industrial disease in its industry sector plan for 2014–15.
The Australian Privacy Commissioner has found that a suburban Melbourne medical practice has breached the Privacy Act 1988 (Cth).
DLA Piper has announced that Geoffrey M Ossias has joined the firm’s corporate and finance practice as a partner in the Phoenix office.
DLA Piper has advised Aviva on its funding of the Stoke-on-Trent extra-care PFI scheme, which has reached financial close.
‘Red flags’ were used to assess workplace violence threat; employer’s request for psychiatric assessment was justified download
The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of ‘red flags’.
In conflicting opinions released on 22 July, two federal circuits split on whether ACA subsidies are available under a federally operated health insurance exchange.
On 1 August 2014, the FDA released draft guidance that would exempt from premarket 510(k) review many low-risk medical devices
Compensation for abestosis and mesothelioma: government criticised over mesothelioma review download
The Justice Select Committee has criticised the government for its approach to compensation for asbestos sufferers.
Health Alert — call for evidence on the health effects of water fluoridation; Vega Vega v Medical Board of Australia; and more download
DLA Piper has released the 4 August 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The NHS trust in An NHS Trust v Mrs J (by her litigation friend, the Official Solicitor) was represented by Adam Fullwood of Kings Chambers.
The Manchester office of Gateley has raised £3,650 for the Christie charity, part of the Christie NHS Foundation Trust.
Laura Davidson acts for successful local authority in COP case ousting abusive live-in carers from an elderly woman’s home download
London Borough of Redbridge v G, C and F was initially brought under the inherent jurisdiction due to concerns that C and F were unduly influencing G.
Dentons’ Adam Pierce explains the extent to which implied terms may limit a lender’s discretions, with particular focus on some recent cases.
Yana Dianova of GRATA took part in the meeting of the Expert Council for Competition Promotion in Social Sphere and Health?are.
California’s CMIA provides that an individual may recover $1,000 nominal damages based on the negligent release of information by a healthcare provider or other covered party.
It may come as a surprise that something like 300,000 people each year enter our hospitals having suffered a traumatic head or brain injury.
Health Alert — Lane v Northern NSW Local Health District (No 3); Psychology Board of Australia v Tubara; and more download
DLA Piper has released the 28 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Khaitan & Co has advised Rexam on the India leg of the transaction in relation to sale of its containers and closures division of its healthcare business to Berry Plastics Group.
This briefing deals with a repeal of the provisions of the Income Tax Law regarding the retroactive taxation of receipt from dividends and profit sharing.
Daniel Jefferies has been awarded a six-figure sum after he was left brain damaged following surgery at Bristol Royal Infirmary.
Barrister Nageena Khalique from No5 Chambers has represented the protected party (N) in United Lincolnshire Hospitals NHS Trust v N.
DLA Piper has represented the underwriters for Trupanion, a medical coverage provider for pets, in its $82m initial public offering on the NYSE.
A recent decision has confirmed that in some cases the extent of an appeal manager’s authority does not include increasing the disciplinary sanction imposed.
In Halbig v Burwell, the US court invalidated an IRS regulation that provides premium tax credit subsidies for individuals obtaining health insurance coverage through the federal exchange.
Obesity: the new disability? download
With NHS statistics suggesting obesity levels are increasing, a recent case has looked at whether obesity can amount to a disability and come within discrimination provisions.
The special measures policy has been welcomed by many inside and outside the health service, but it seems too early to tell just how effective it is.
Kings Chambers has welcomed Richard Borrett as a full member of Chambers. Called in 2009, he joins from 3 Paper Buildings.
Health Alert — Ladhams v Medical Board of Australia; Chaudhry v Medical Board of Australia; and more download
DLA Piper has released the 21 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Stephenson Harwood has advised Cofely on its purchase of Lend Lease’s UK facilities management business.
Eversheds has advised South West Yorkshire Partnership NHS Foundation Trust on a procurement and tendering exercise to find a provider for the future provision of its IT services.
Outer Temple Chambers’ John McKendrick has appeared for applicant health bodies and a local authority in complex proceedings before the Court of Protection
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
Care Act 2014 download
The Care Act 2014, which received royal assent on 14 May 2014, will impose new obligations on local authorities in respect of the provision of social care.
Court of Appeal rules employers are entitled to impose higher disciplinary sanction on appeal download
In McMillan v Airedale NHS Foundation Trust, the Court of Appeal held that employers may, in principle, increase a disciplinary sanction on appeal.
Wragge Lawrence Graham & Co’s public law and regulation expert Ravi Randhawa has been promoted to the role of legal director.
New figures released by the Health and Safety Executive have indicated that the number of cancer deaths in the UK caused by asbestos exposure is continuing to rise.
Stephenson Harwood has advised Acadia Healthcare Company, provider of inpatient behavioural healthcare facilities, on an agreement to acquire Partnerships in Care.
A team of barristers from Kings Chambers, along with former member HHJ Nigel Bird, have completed 60 miles of cycling from Manchester to Blackpool.
In this video interview, partner Todd Daubert discusses the specific impact of technological advancement on four key sectors.
The parents of a toddler who died in 2012 have accepted a £30,000 pay-out after the trust running Queen Alexandra Hospital admitted the tragedy could have been avoided.
In this video, Malcolm Underhill, a partner and child abuse solicitor at IBB Solicitors, speaks to Chris Anderson, executive director of MaleSurvivor.org.
Health Alert — Angelos v Minister for Health; Wilson v Western Health; Brunswick Family Dental Pty Ltd v Dr Enegd; and more download
DLA Piper has released the 14 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Colchester Hospital has awarded a nine-year-old girl a £5.5m compensation package after delays in treating her meningitis when she was a baby left her with brain damage.
Bär & Karrer has acted as legal adviser to SENIOcare on its acquisition of CASA FIORA’s care home business in Grisons.
California courts are clarifying potential liability under the CMIA of healthcare providers, health plans, pharmaceutical companies and others for the unauthorised disclosure of medical information.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
An analysis of reporting incidents has shown that 29 out 141 trusts did not record the expected number of safety incidents.
DLA Piper has released the 7 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Sam Karim recently appeared in the Court of Protection in the case of County Durham & Darlington NHS Foundation Trust and PP.
A court has confirmed that the ability to work night shifts was a genuine occupational requirement for a registered nurse who was engaged in roles that provided 24/7 care.
In the diverse and rapidly changing software sector, our clients need informed and practised advice. They get this from Kemp Little.
Head of corporate, private equity and venture capital
Head of data protection and privacy
No5 Chambers barrister Ian Brownhill has acted in the inquest into the death of Edward Ham, a prisoner at HMP Oakwood.
Arbitrator may order change to hours, location of doctor who sexually harassed hospital nurse download
Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse and under what conditions.
At Kemp Little, we have helped to drive the adoption of technology and data analytics as well as providing advice to life science companies supplying the sector.
HMRC has ruled that around 3,000 home care staff should receive a share of £600,000 in unpaid wages after their employer had not paid them for time spent travelling between care visits.
Health Alert — Wong v Sklavo; O'Connell v Barnett; Continence Aids Payment Scheme Variation 2014; and more download
DLA Piper has released the 30 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Amy Jensen Cunniffe has joined DLA Piper’s government affairs and healthcare public policy and regulatory practices as a senior policy adviser in Washington DC.
Russell Holland from No5 Chambers has appeared for the appellant in Nabili v Norfolk Community Health and Care NHS Trust UKEAT/0437/13/DM.
Health Alert — Medical Board of Australia v Putha; a better start to life for indigenous children; and more download
DLA Piper has released the 23 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Society would probably like to think that children are given priority over all other members of society. Unfortunately that is not the case.
A seven-year-old boy who was left with ‘catastrophic’ brain damage after his birth has been awarded £8m in compensation.
Experts’ literature deserves more attention in the earlier stages of cases because of the devastating effect that it can have at trial.
No5 Chambers’ Jamie Gamble has represented the family of a woman who contracted norovirus and died after a stay in hospital for a bruised elbow.
The OFT has found that four companies unlawfully conspired to rig bids for contracts to install access-control and alarm systems.
$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations download
A nurse’s trip over a cord has landed a hospital a CAD50,000 fine where the joint health and safety committee had previously documented cord trips as a known hazard.
If your contractual counterparty commits a repudiatory breach of contract, you are entitled to elect between affirming and terminating the contract.
Care homes operator pays compensation to family of elderly resident subjected to ‘sickening’ abuse download
The owners of a care home where staff were jailed after being caught abusing an 89-year-old woman have finally agreed a compensation settlement with her family.
Health Alert — Rosten v Mid North Coast Local Health District; Christian Youth Camps v Cobaw Community Health Services; and more download
DLA Piper has released the 16 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
LK Shields Solicitors advises a wide variety of Irish and international clients on all aspects of company and commercial law.
Members of Kings Chambers are taking part in the Great North Swim this weekend. The swim is one mile long and takes place in Lake Windermere.
This question was recently considered by the EAT in Betsi Cadwaladr University Health Board v Hughes & Ors. Mrs Hughes was a senior nurse with 31 years’ service.
Is obesity a ‘disability’? download
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010?
Audrey Williams, partner and head of discrimination at Eversheds, has commented on the European court considering for the first time where obesity sits in legal terms.
Health Alert — McLachlan v Murrumbidgee Local Health Network; Medical Board of Australia v Blomeley; and more download
DLA Piper has released the 10 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Dacheng senior partner Jiang Rongqing together with his team have provided legal advice regarding the overhaul of Moi Teaching and Referral Hospital in Kenya.
Wragge Lawrence Graham & Co has advised biopharmaceutical company arGEN-X on its first collaboration with Bayer and on a strategic alliance with Shire.
New Thalidomide compensation bid download
Eight victims of the Thalidomide drug have filed papers at the High Court seeking compensation 50 years after they were born.
Queen’s Speech 2014 download
There are significant proposals this year on areas such as infrastructure, pensions, zero-hours contracts, ‘modern slavery’ and recall of MPs.
Gerard McDermott QC was presented with the award of ‘Excellence in Legal Care’ at the SIA’s ‘Rebuilding Lives After Spinal Cord Injury’ awards.
At the start of 2014, Neelie Kroes, head of the European Commission’s digital agenda, remarked that ‘virtually every business is a digital business now’.
Regulation (EU) No 536/2014 on clinical trials on medicinal products for human use has been published in the Official Journal of the European Union.
Health Alert — 2 June 2014 download
DLA Piper has released the 2 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The Court of Appeal has unanimously held that a parent company was not liable for industrial disease suffered by an employee of a subsidiary.
Nabarro has advised Primary Health Properties on the launch of a £82.5m convertible bond due to mature in 2019.
Walker Morris has been appointed to the Legal Service Panel for the Centre for Process Innovation (CPI) following a successful tender.
KPMG has launched a virtual R&D centre that will serve as a global innovation hub with the aim of incubating and developing data-driven business solutions.
A teenager who has suffered severe brain damage as a result of her mother drinking alcohol while she was in the womb has been awarded £500,000 in criminal injuries compensation.
DLA Piper has released the 26 May 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Foresight is an easy-to-use legal calendar that outlines major cases, government policy and forthcoming legislation right through to 2017.
BDK Advokati/Attorneys at Law has advised private equity fund Blue Sea Capital on its acquisition of Milos Klinika.
In a recent Technical Board of Appeal decision, the European Patent Office has shed some light upon the boundaries of the prohibition against double patenting.
In this paper, KPMG presents research into reporting of social investment by 100 of the world’s largest companies and their associated foundations.
Paul Mander argues that smokers already get a pretty bad press and that banning e-cigarettes in the workplace is just overly interfering.
Eugene Wojciechowski argues that employers should not be encouraging employees to become addicted to e-cigarettes.
Health Alert — Sklavos v Australasian College of Dermatologists; Wissa v Associated Newspapers Ltd; and more download
DLA has released the 19 May 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Ben Compton QC and James Leonard have spoken at the seventh CAPITA health and safety (corporate manslaughter) lecture at the Royal College of Surgeons.
On 1 April 2014, amendments to the Contributions Act increasing the general rate for health insurance contributions from 13 per cent to 15 per cent came into force.
Health Alert — Health Care Complaints Commission v Khalsa; information regarding Rockhampton Hospital; and more download
DLA has released the 12 May 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Conyers has provided BVI and Cayman legal advice to iKang Healthcare Group on BVI selling shareholders in connection with a $150m initial public offering.
The Audit Commission has claimed that fraud in the care system has almost doubled in a year as middle-class families attempt to hide their assets from HMRC.
Shoosmiths has contributed to a report by the Royal College of Psychiatrists and the Money Advice Trust that will help vulnerable people receive better service.
DLA Piper has advised Integrated Dental Holdings on the acquisition of the Dental Directory group of businesses.
Two care home staff, Santhosh Rajan and Marsha Tulloch, have appeared at Burton Magistrates Court on charges of manslaughter following the death of a 91-year-old great-grandmother.
Health Alert — Health Care Complaints Commission v Qasim; Janet Harris v Sydney Local Health District; and more download
DLA has released the 28 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
A briefing note entitled ‘Lending, debt collection and mental health: 10 steps for treating potentially vulnerable customers fairly’ was released on 30 April.
Poor care, unanswered requests for help, enforced incontinence and basic neglect are unfortunately all too common in the care of elderly people.
Nabarro has announced the appointment of Candice Blackwood, a partner who will join the firm’s real-estate practice and who has expertise in the healthcare sector.
Bernard Thorogood from No5 Chambers has completed the prosecution of Mid-Staffordshire NHS Foundation Trust at Stafford Crown Court.
Hogan Lovells has scored a unanimous victory at the Supreme Court as the high court issued a decision in Highmark v Allcare Health Management System Inc.
Medical negligence cases, in an era of increasingly advanced medical research and technological development, are still on the rise.
Collyer Bristow has entered into a 10-month-long challenge against six other companies to raise money for charity.
Peter Hubbard, who on 1 May took over as the new senior partner of Anthony Collins Solicitors (ACS), has described his vision for the future.
Eversheds associate Andrew Bennett has commented on news that Mid Staffordshire NHS Foundation Trust has been fined for health and safety breaches.
HSE has launched a consultation document on proposed changes to the Construction (Design and Management) Regulations 2007.
Health Alert — 28 April 2014: Tamara King by her next friend Kevin King v Sydney West Local Health District; and more download
DLA has released the 28 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Tom Gibson from Outer Temple Chambers has appeared for an NHS trust in a successful Mitchell-type strike-out of a clinical negligence claim.
Tim Pole from No5 Chambers has appeared for the prosecution in a case that saw Steve Colson plead guilty to four offences of contravening the Health and Safety Act 1974.
Anxiety over possible health risks is a form of health risk in itself and the inferior strength of the implants has led to them being considered a substandard product.
It was not ‘harassment’ for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held.
For a significant percentage of doctors in the UK, the possibility of being sued for clinical negligence affects the decisions they make and the care they offer patients.
What is an insured defendant obliged to disclose about their private insurance arrangements?
Short-term physical and psychological management and secondary prevention of self-harm in primary and secondary care
In 2004, the National Institute for Health and Care Excellence issued guidance on this subject.
Corporate lawyers at Walker Morris have advised private equity house Key Capital Partners on its £3.3m investment in Hallam Medical.
Data & Information E-Alerts: council agrees to improve practices after social service records sent to wrong address; and more download
Addleshaw Goddard has released the 17 April 2014 issue of its Data & Information E-Alerts publication.
A decision by the German Federal Court of Justice has confirmed the broad interpretation of the term ‘health claim’ in the context of Regulation (EC) No 1924/2006.
The Anthony Barker QC Memorial Shield 2014 six-a-side cricket event will raise funds in aid of Marie Curie Cancer Care and Citizens Advice Bureau.
Ian Bridge of No5 Chambers, instructed by Shakespeares, has defended a major supplier of sand and aggregates based in the south east.
Gateley has advised on LDC’s investment to support the acquisition of Prism UK Medical from Prism Medical.
The Lord Chancellor has appointed Kings Chambers barrister Melanie Plimmer to sit as a judge of the First-Tier Tribunal.
Recent data security challenges in the health and social care sector — what is your response? download
The latest exercise of its powers by the ICO brings the issue of data security home to roost in the health and social care sector.
The European Medicines Agency launched a new post-marketing surveillance system in the autumn called the ‘Black Triangle’ scheme.
On 2 April 2014, the European Parliament voted in favour of the implementation of a new Clinical Trials Regulation.
DLA Piper has announced that four lawyers have been named to Law360’s ‘Rising Stars’ list.
Walker Morris has launched the special 20th anniversary of its annual Children’s Calendar Painting Competition.
In Rose, the Administrative Court considered whether a CCG had acted unlawfully in failing to follow guidance issued by NICE.
In this video interview, Washington DC public policy and regulation partner Mike Zolandz discusses how the 2014 mid-term election will affect US policy.
Eversheds has advised elderly care provider Four Seasons Healthcare on the acquisition of seven homes from Majesticare.
Kemp Little has presented Roy Castle Lung Cancer Foundation with a cheque for £11,546.
The MHRA offers useful guidance on the difference between apps that are regulated as medical devices and those that are related to healthcare but do not qualify.
Mesothelioma Bill hasn’t done enough download
Much has been written and said about the rights and wrongs of the new Mesothelioma Bill, passed by the government earlier this year.
In February 2013, the European Commission released a draft Network and Information Security Directive.
Health Alert — 14 April 2014: inquest into the death of Thomas Freemantle; Molloy v El Masri; and more download
DLA has released the 14 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
From next year, you could face tax penalties under the rules of the ACA if you fail to offer healthcare coverage to your full-time employees and their dependents.
Dentons has more than 100 lawyers, consultants and policy professionals who have spent their entire professional careers exclusively counseling healthcare life sciences organisations.
Health Alert — 7 April 2014: Plowman v Sisters of St John of God Inc; Janet Harris v Sydney Local Health District; and more download
DLA has released the 7 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 31 March 2014: Re JS; Health Care Complaints Commission v Dr Stephen Poole; and more download
DLA has released the 31 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Food and Beverage News and Trends — April 2014: food industry opposes trans-fat bar and proposes setting limitations; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
Federal agencies propose health IT regulatory framework, seek stakeholder input and participation in new initiatives download
A draft report outlining a proposed strategy and recommendations for a ‘risk-based’ regulatory framework for health information technology has been released.
Our dedicated and highly experienced team of lawyers can help you pursue a claim at no financial risk to you wherever you are in the world.
The clinical negligence group at Penningtons Manches is regarded as one of the leading specialist medical negligence teams in the country.
There has been much discussion around the issue of open disclosure in recent times.
Cheshire West: the hidden cost download
Sheree Green, senior associate at Anthony Collins Solicitors, comments on the recent Cheshire West judgment.
Allowing independent providers into the NHS Pension Scheme — tackling recruitment issues and facilitating the movement of staff download
From 1 April 2014, an independent provider who meets the relevant eligibility criteria will be able to apply to become an employing authority in the NHS Pension Scheme.
Mills & Reeve has released the April 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
Partner and head of real estate
We advise on all aspects of property, tax, corporate, commercial and dispute resolution law for the full spectrum of real-estate transactions.
On 13 March 2014, the House of Lords published its post-legislative scrutiny report on the Mental Capacity Act 2005.
A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders.
Stephenson Harwood has advised Lansen Pharmaceutical Holdings on the acquisition of the rights to sell Sicorten Plus in China from Novartis.
At IBB Solicitors, our team of personal injury and clinical negligence solicitors are here to give you the help, advice and support you need.
At IBB, we are passionately committed to helping businesses develop a bespoke IP strategy to protect your property and build your commercial success.
At IBB, our commercial property solicitors understand the specific challenges faced by property developers, investors, occupiers and lenders.
University Hospitals Bristol NHS Foundation Trust has settled a 20-year pay-out fight and agreed to pay a seven-figure settlement compensating Nathalie Sugden.
The announcement by the Competition and Markets Authority (formerly the Competition Commission) is the culmination of a two-year investigation into the private healthcare market.
Outer Temple Chambers has welcomed Matthew McDonagh, who joins the firm’s health department from 23 Essex Street.
Part of the cross-government Health, Work and Wellbeing initiative, the ‘Health and Work Service’ will provide occupational health advice and support for employers and employees.
How does a local authority find itself paying for care, veterinary fees and cattery costs for a significant number of years, as part of a section 117 package?
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 come into effect from 13 June 2014.
The Department of Health has published its own guidance setting out how New Fair Deal will operate in the NHS Pension Scheme.
The Patient Protection and Affordable Care Act imposes significant new reporting requirements on employers providing self-insured group health coverage to their employees.
Be careful what you wish for — TUPE applied despite client wanting outsourcing to be short term download
A number of carers were employed by Allied to look after a vulnerable adult.
Health Alert — 24 March 2014: Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd; and more download
DLA Piper’s Health Alert provides a summary of the critical judgments, legislation, press releases and news items relevant to the health industry.
Data & Information E-Alerts: Disclosure and Barring Service error leads to unnecessary disclosure of sensitive information; and more download
Addleshaw Goddard has released the latest edition of its Data & Information E-Alerts.
The CQC is consulting on new regulations to introduce fundamental standards as legal requirements that all providers should meet.
The British Pregnancy Advisory Service has been fined for breaching the Data Protection Act after an anti-abortion hacker gained access to personal details through the charity’s website.
Anthony Collins, founder and former senior partner of Anthony Collins Solicitors, has been awarded the 2014 Birmingham Law Society Lifetime Achievement Award.
The Supreme Court has reversed the Cheshire West decision by seven Justices to zero and the Surrey decision by four to three.
Mills & Reeve has released the March 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
The Supreme Court has handed down its judgment in relation to P v Cheshire West and Chester Council (& Ors) and P and Q v Surrey County Council.
‘A gilded cage is still a cage’ — the Supreme Court determines the question of what is a deprivation of liberty download
The Supreme Court has given its guidance on the proper test to be applied when deciding whether or not a person is being deprived of their liberty.
Health Alert — 17 March 2014: Australian Competition and Consumer Commission v Breast Check Pty; and more download
Health Alert provides a summary of the critical judgments, legislation, press releases and news items relevant to the health industry.
The latest 2014 figures suggest that workers in the UK take in excess of 130 million days’ sickness absence per year.
No5 Chambers is sponsoring this year’s Child Brain Injury Trust Conference and Exhibition, which is due to take place on 26 March in Manchester.
The government has published a report regarding services for individuals with learning disabilities or autism who have mental health conditions or challenging behaviour.
The costs to the NHS of outsourced pathology services will increase following a (reluctant) decision of the First-Tier Tax Tribunal.
Paul Reeves, an employment partner, has discussed whether an employee can stop a disciplinary process and make the employer start again.
Outer Temple Chambers’ Patrick Sadd and Harriet Jerram have been appointed counsel to the Independent Jersey Care Inquiry to look into child abuse on Jersey.
DLA Piper has released the winter 2014 issue of SHE Matters, a newsletter dedicated to safety, health and the environment.
A key report by the House of Lords Select Committee, scrutinising the implementation of the Mental Capacity Act 2005, has been published.
Claire van Overdijk of No5 Chambers has been appointed to the attorney-general’s London C panel of junior counsel to the Crown.
Earl Pinnock of No5 Chambers has defended Joyce Trail, a dentist who has been ordered to pay back more than £1.3m to the NHS.
The FDA has distributed a revised draft guidance document titled ‘Distributing Scientific and Medical Publications on Unapproved New Uses — Recommended Practices’.
DLA Piper has released the 10 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Barrister Fiona Horlick from Outer Temple Chambers has successfully defended a surgeon working for the Mid Staffs NHS Trust.
An independent review in relation to Mr Ian Paterson’s conduct at Spire Parkway and Little Aston Hospitals has been carried out by Verita.
In the case of serious irregularities in an employer’s disciplinary proceedings against an employee, the employee may be able to seek an injunction preventing the employer from dismissing them.
DLA Piper has released the 3 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
While companies own assets with millions of dollars of embedded software, few companies are maximising their property tax savings through the embedded software exemption.
In the UAE, there are two separate jurisdictions that need to be considered. This update will focus on some recent developments in both jurisdictions.
First Lady and nutrition: USDA and FDA propose sweeping food labelling and marketing regulations download
Michelle Obama and the FDA have released regulations that would make significant changes to the nutrition information found on food and dietary supplement labels.
Opinion that employee not disabled under Equality Act does not give employer defence for not making reasonable adjustments download
Employers have a duty to make reasonable adjustments for disabled employees. However, this duty only arises where the employer knows the employee is suffering from a qualifying disability.
On 10 February 2014, the IRS published long-awaited regulations on the employer shared responsibility provisions under the Patient Protection and Affordable Care Act.
Gateley has acted on a deal that saw Cordant Group acquire Sugarman Group. The Manchester team was led by corporate partner Charles Glaskie.
Outer Temple Chambers has achieved a payout of more than £500,000 in the case of Ceri Leigh v The London Ambulance Service.
DLA Piper has released the 24 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Kings Chambers’ clinical negligence and healthcare team has launched a blog featuring news and views of cases and legal developments.
Hogan Lovells has advised Qatar Insurance Company on its acquisition of Antares Holdings, a Lloyd’s specialist insurer and reinsurer.
Hashi Mohamed has successfully represented Cornwall Council in a judicial review that is likely to have far-reaching ramifications for local authorities.
A number of life sciences industry bodies have jointly published a report entitled ‘From vision to action: delivery of the strategy for UK life sciences’.
Health Alert — 17 February 2014 download
DLA Piper has released the 17 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Mills & Reeve has published the February edition of its Health Legal Update, which includes information on the NHS, regulatory news, patient matters and legal processes.
During January 2014, the High Court gave a judgment in an appeal case that has important implications for residential care providers.
There may be circumstances when disclosure of a party’s insurance arrangements can be ordered by the court download
A group of litigants has been granted an order for disclosure of a defendant’s insurance arrangements in respect of the defendant’s potential liability in the litigation.
This alert provides a preliminary assessment of the cybersecurity EO and observations that may be helpful in considering how new standards may affect your company.
Mills & Reeve has assisted IVF clinic Bourne Hall on the agreement of a deal with Mobeus Equity Partners to raise a £3.5m equity investment.
Action on Smoking and Health estimates that 1.3 million people are currently using e-cigarettes in the UK. What stance should employers take to this growing phenomenon?
JPM advises on all aspects of individual employment issues, as well as on collective bargaining agreements, redundancy plans and social and restructuring programmes.
Hogan Lovells has announced the further expansion of its New York office with the addition of corporate partner Adam Golden.
As test results from a public laboratory in West Yorkshire find more additives in food products, Eversheds’ health and safety partner David Young considers the consequences.
Health Alert — 10 February 2014 download
DLA Piper has released the 10 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Barrister Alex Stein from No5 Chambers has prosecuted former foundry owner Laurence Brown from Mansfield for exposing workers to lead poisoning.
Collyer Bristow has appointed Nathan Donaldson as a partner in its employment team.
Has a veterinary practice — by failing to pay for an employee’s private psychiatric treatment — breached its duty to make reasonable adjustments to enable her to return to work?
Allen & Overy has advised Rexam, a global beverage can maker, on the sale of the bulk of its healthcare business to Montagu Private Equity for $805m.
Will dismissal always fall within the range of reasonable responses where gross misconduct is found?
Employment law 2014 preview: health download
Does the fact that a person is obese mean they are, or could be, ‘disabled’? The CJEU has been asked by Denmark whether discrimination on the grounds of obesity is contrary to EU law.
Health, Pharmaceutical and Biotechnology Alert: HRSA issues letter discussing ADAP 340B rebates; proposed rule expected download
On 3 February 2014, the Office of Pharmacy Affairs posted a letter to its 340B drug pricing program website discussing 340B rebates paid to AIDS Drug Assistance Programs.
It is not generally appropriate for the courts to intervene to remedy minor irregularities in the course of the disciplinary proceedings between employer and employee.
Health Alert — 3 February 2014 download
DLA Piper has released the 3 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The OFT can make such a reference if it has reasonable grounds for suspecting that competition for the supply or acquisition of goods or services is not working effectively.
The National Academy of Sciences is set to present its 2014 Public Welfare Medal to Hogan Lovells partner John E Porter.
Nabarro has released the January 2014 edition of its health and safety newsletter, which includes information on health and safety reforms and employing young people.
Health Alert — 28 January 2014 download
DLA Piper has released the 28 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
In the first ever FTC-litigated challenge to a hospital system’s acquisition of a physician group, the US District Court for Idaho ruled in favour of the plaintiffs.
This issue includes articles on the CCG Assurance Framework, which sets out the six domains in which NHS England will assess the performance of CCGs.
This month, the Competition Commission has published its provisional decision on remedies arising from its private healthcare market investigation.
Court of Appeal cautions employers against blindly accepting an occupational health opinion that employee is not disabled
This decision highlights the pitfalls of relying blindly on the opinion of an OH adviser that an employee is not disabled nor covered by disability discrimination legislation.
Taylor Wessing has launched its third Cambridge newsletter, providing legal news and updates for companies in Cambridge and the surrounding areas.
Emerging health economies face major long-term financial problems if they try to replicate hospital-based western models, a report by KPMG warns.
Health Alert — 20 January 2014 download
DLA Piper has released the 20 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
One size doesn’t fit all: right to return to suitable post is not just a question of job title download
An employee returning to work after additional maternity leave has the right to return to the job in which she was employed or to another job that is suitable.
There were developments last month in the ongoing discussions around the need for greater regulation of cosmetic medical devices.
A number of calls are taken each year from doctors and other clinical professionals reporting that damaging information has been published about them.
This article examines some of the different types of claim or medico-legal query Mills & Reeve received in its Claims Handling Unit or out-of-hours service during 2013.
Anthony Collins Solicitors has completed a three-day inquest into the death of four-year-old Freya Wells.
White paper — connected health download
This white paper from Wragge & Co summarises definitions pertaining to the European Connected Health Alliance.
Shortly before Christmas, the government published its extensive full response to the Francis Report, entitled ‘Hard Truths’.
Competition in the NHS download
One of the most controversial aspects of the Lansley reforms was the drive towards applying market principles to the NHS.
DLA Piper has represented Arsenal Capital Partners in its purchase of Certara, a biopharmaceutical service provider.
Health Alert — 13 January 2014 download
DLA Piper has released the 13 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The Court of Appeal has approved Parker J’s suggested new ‘relative normality’ test for assessing whether or not someone was being deprived of their liberty.
French pharmacists can now substitute a biosimilar for the prescribed (reference) biological medicine as long as the prescribing physician has not marked the prescription as ‘non-substitutable’.
We are regularly instructed by disciplinary authorities and respondents in proceedings dealing with the full spectrum of professional misconduct.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
Building on its experience and reputation in criminal cases, Three Raymond Buildings is regarded as a leading set in health and safety and fire safety work.
Addleshaw Goddard has announced the arrival of commercial litigation expert Bill Gilliam, previously head of Eversheds’ health and life sciences practice.
Mills & Reeve has acted for Healthcare at Home, a clinical homecare provider, in its strategic acquisition of the Medihome group.
Walker Morris employees have donated more than 150 gifts to Leeds charity Zest Health for Life in its annual gift donation.
Following the publication of the results of its alcohol strategy consultation, the Home Office has announced the steps it will be taking in delivering the government’s Alcohol Strategy.
On 12 December 2013, the OFT announced that a £380,000 settlement had been agreed in relation to a market sharing cartel involving two pharmaceutical suppliers.
Although charities will want to work with commissioners, there are some issues for charities to keep in mind.
Stress at work download
The effect of stress at the workplace has long been considered a taboo subject and one that people have been reluctant to address.
Following Prof Löfstedt’s review of health and safety legislation in the UK, a number of changes were introduced to address some of the concerns that had been identified.
Health Alert — 17 December 2013 download
DLA Piper has released the 17 December 2013 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Employers managing employees on sickness absence need to be careful of unquestioningly relying on occupational health assessments.
British Medical Association (BMA) group legal director Jonathan Waters has resigned from the professional body to set up a healthcare, HR and legal consultancy.
The recent decision of senior judge Lush in the case of Re GM provides a window into the workings of a dysfunctional lay deputyship.
Careworkers should be paid the national minimum wage for every hour of a sleep-in, even when they are asleep download
This is what the Employment Appeal Tribunal has decided in the recent case of Mrs J Whittlestone v BJP Home Support Ltd.
Mills & Reeve has merged with George Davies Solicitors, increasing its national insolvency and recovery team by 50 per cent.
It is not outside the scope of reasonable adjustments to require an employer to fund private medical treatment download
The decision by the Employment Appeal Tribunal in Croft Vets v Butcher may be surprising and even alarming to employers.
The Patents Court has handed down its judgment in Smith & Nephew v ConvaTec No.2. Bristows acted for the successful claimant, Smith & Nephew.
Mills & Reeve has released the December edition of its Health Legal Update.
The Occupational Safety and Health Administration of the US Department of Labor proposed a new rule which will require employers to electronically report injury and illness data on a quarterly basis.
Dementia sufferers set to triple download
This week sees the G8 Dementia Summit take place in London. Politicians, researchers, drug companies and charities will discuss what can be done to tackle the condition.
Health Alert — 9 December 2013 download
DLA has released its latest health alert, which includes judgments from Australia, New Zealand, the UK, US and Canada, as well as legislation and reports.
The Australian High Court has delivered its first judgment that directly considers the patentability of methods of medical treatment.
Hogan Lovells partner Mark Sterling has accepted a fellowship with the Harvard Advanced Leadership Initiative beginning in January 2014
Appointment as a trust special administrator to an NHS trust does not give rise to a power to take any action or make any recommendations in relation to any other NHS trust.
Managing actual or potential conflicts of interest is essential for every professional.
Allen & Overy, on behalf of the Republic of Cuba, is challenging Australia’s Tobacco Plain Packaging Act 2011 legislation.
Health Alert — 2 December 2013 download
DLA Piper has released the 2 December 2013 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Disclosure following patient deaths has become a ‘hot topic’ in recent times and particularly since the events in Mid Staffordshire and Morecambe Bay.
When a death occurs in the health and care sector, it is important to identify risks that might cause deaths in the future and make sure you take action immediately.
Health Alert — 25 November 2013 download
DLA Piper has released the 25 November 2013 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Cardiff-headquartered Morgan Cole has appointed two partners and nine lawyers to its health and social care team in its Thames Valley offices.
State-sponsored GMO-labelling efforts faced defeat in Washington State’s November 2013 election.
Employee health can be a significant source of risk for any business and employers increasingly seek help from medical professionals in managing such risk.
Pharmaceutical benefit assessments play an increasingly important role in refunds by the national health services.
Health Alert — 18 November 2013 download
DLA Piper has released the 18 November 2013 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Peter Jones believes that suggestions for reform are a refreshing approach.
Eversheds decided against pitching for a role on the expanded NHS Shared Business Services (NHS SBS) panel at the latest review despite working on six of its nine ‘lots’ since 2009.
Simon Crossley of Eversheds has commented in response to calls from the pharmaceutical industry that the number of medicines being blocked from the UK market by NICE is too high.
DLA Piper has represented Horizon Healthcare Services in the dismissal of a suit by the Association of New Jersey Chiropractors and two individual chiropractors.
The Advocate General’s opinion in Georgetown University has been released. It fails to recommend whether or not more than one SPC can be granted based on the same patent.
Despite 20 states allowing the use of medicinal marijuana and two more allowing recreational marijuana use, employers remain unaffected.
Antitrust agencies amend premerger notification rules to clarify reporting of acquisitions of pharmaceutical patent rights download
The new rules may cause an uptick in premerger notification filings in the pharmaceutical industry.
The US FDA has issued a Federal Register notice with its preliminary determination that partially hydrogenated oils are not ‘generally recognised as safe’ for use in food.
KPMG Capital is an investment fund created to accelerate innovation in data and analytics that will help clients of member firms unlock tangible value of their big data.
Pensions Ombudsman determinations download
The Deputy Pensions Ombudsman gives an indication of circumstances in which decision makers should give detailed reasons for their decisions.
Health Alert — 11 November 2013 download
DLA Piper has released the 11 November 2013 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Mills & Reeve has announced the appointment of Gayle Curry as a commercial partner in the health team. Curry joins from Morgan Cole.
Eversheds Ireland has played a key role in the takeover by Endo Health Solutions of Paladin Labs Europe for approximately £1.1bn.
A Scottish health board has been fined £32,000 after being found guilty of failing to ensure the safety of a worker who was physically attacked by a patient with mental health issues.
Allen & Overy has advised Husky Injection Molding Systems on its acquisition of Schöttli Group. The sale is expected to close in early December.
Hogan Lovells has advised Healthcare of Ontario Pension Plan (HOOPP) on a joint venture with Verdion Properties to establish a logistics platform across Europe.
Hogan Lovells has provided pro bono assistance in authoring Creating Equal Access to Quality Health Care for Transgender Patients: Transgender-Affirming Hospital Policies.
Simon Crossley from Eversheds believes the deal should be a good outcome for industry and government.
Mills & Reeve has released the November 2013 issue of its Health Legal Update.
The Supreme Court gave judgment on 30 October 2013 in relation to the end-of-life care of David James, a man who had died from his illness on 31 December 2012.
Health Alert — 4 November 2013 download
DLA Piper has released the 4 November 2013 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
No5 Chambers barrister Laura Davidson has recently returned from working in Rwanda as a consultant for the Ministry of Health.
A number of private providers are likely to take complaints to Monitor in the near future, the chief executive officer of Ramsay Health Care UK has warned.
Inquests — nowhere to hide: the increasing pressure to disclose and the coroner’s powers of investigation
The increasing pressure to disclose so much more to the coroner means inquests are becoming much more difficult and need careful handling.
The government has published its response to the consultation on reform of the TUPE Regulations 2006.
Health Alert — 28 October 2013 download
DLA Piper has released the 28 October 2013 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The Department of Health has just published the new versions of the standard NHS terms and conditions for the supply of goods and for the provision of services.
In this briefing we guide you through the rules on who is now responsible for commissioning mental health aftercare services for different groups of patients.
Mills & Reeve reviews NHS England’s recently published guidance on consultations for the NHS: Transforming Participation in Health and Care.
Eversheds has commented on proposed new laws governing medical devices being debated in the EU parliament.
The provisions proposed by the European Commission in its regulation target better supervision of the accreditation bodies.
Medicinal products may be protected by a paediatric extension, which extends the lifetime of a supplementary protection certificate by a further six months.
The number of candidates entering and progressing through the product pipelines of some leading originator pharmaceutical companies has diminished.
The CC has announced that it is prohibiting the merger between The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust and Poole Hospital NHS Foundation Trust.
Stephen Rose, partner and expert in competition law at Eversheds has commented in response to a joint statement from the Office of Fair Trading, the Competition Commission and Monitor.
Being negligent does not mean being liable. Being negligent and causing an injury means a liability arises.
Mills & Reeve explores the law relating to this contentious subject and look at pitfalls and issues to be avoided and managed.
Lorna Meyer QC from No5 Chambers has represented the appellant mother in Re W (A Child)  EWCA Civ 1227.
King & Wood Mallesons has advised Quadrant Private Equity on its recent investment in Estia Health.
Vicky Mann of Eversheds has commented on the news that hidden cameras may form part of a proposed new care home inspection regime in England.
Taylor Wessing has announced the hire of Matthew Jones to its construction and engineering group.
Health Alert — 14 October 2013 download
DLA Piper has released the 14 October 2013 issue of its Health Alert publication, which focuses on judgments, legislation and reports in the health sector.
The healthcare team at Eversheds has been named Legal Adviser of the Year at the Laing and Buisson Independent Healthcare Awards 2013.
Sintons has recruited lawyers Caroline Swift, Metab Hussain and Emma Pern to its corporate team.
Offering healthcare solutions at consumers' fingertips? What you should know about FDA regulation of mobile medical apps download
More than two years after the FDA issued draft guidance on ‘mobile medical applications’, the agency recently issued its final guidance.
Congressional sources indicate that a deal might not come together politically until very close to the 17–18 October deadline.
Bernard Thorogood has been instructed by the HSE to conduct the prosecution of Mid Staffordshire NHS Foundation Trust for health and safety offences.
Health Alert — 7 October 2013 download
DLA Piper has released the 7 October 2013 issue of its Health Alert publication, which focuses on judgments, legislation and reports in the health sector.
The Honourable Mr Justice Baker gave judgment in the case An NHS Trust v Dr A following a long process.
Gerard McDermott QC and Harry Trusted from Outer Temple Chambers have acted in the case of Joseph Rea.
The ACCC has decided not to grant authorisation to members of the ASO to reach agreements within shared practices as to the fees to be charged for ophthalmic services.
Earlier this year, the government announced that it would drastically reform care funding to remove the uncertainty and fear caused by unlimited care costs.
Lawyers handling our pharmaceuticals and healthcare practice have acquired massive expertise in advising a large number of pharmaceutical and biotechnology companies and medical devices manufacturers.
The Eversheds infrastructure group comprises in excess of 150 lawyers across our international offices.
The CJEU has given judgment in case C-109/12, which concerns some practical effects of the borderline between medicinal products and medical devices.
The director of the NIH will honour John Edward Porter at the dedication of a new neuroscience research centre bearing his name.
On 23 September 2013, the FDA released the long-awaited mobile medical applications final guidance.
Health Alert — 30 September 2013 download
DLA Piper has published the 30 September issue of its Health Alert publication, which focuses on judgments, legislations and reports in the health sector.
ENVI has voted to approve a suite of amendments to the draft European legislation governing medical devices.
Sintons has been recognised by The Legal 500 for its excellence and in-depth expertise across a range of legal disciplines.
Mills & Reeve has advised Cambridge University Hospitals on its Forum joint venture with John Laing to deliver the Forum project on the CBC.
It is hoped that the implementation of a clear system of funding will allow individuals to seek local authority services earlier.
Claimant groups will need a lot of convincing about a new proposal for progressing mesothelioma cases
Richard Clayton QC from Kings Chambers has been instructed to intervene in Kennedy v Charity Commission.
Health Alert — 23 September 2013 download
DLA Piper has published the 23 September issue of its Health Alert publication, which focuses on judgments, legislations and reports in the health sector.
The Kings clinical negligence and healthcare law group offers a specialist and accessible service.
The law requires commissioners to involve the public when making changes to the provision of NHS healthcare. This is an area fraught with difficulty.
Following the judgment in Re A v SLAM, readers should consider the process they follow for deciding whether to admit or discharge patients who lack capacity.
Tobacco advertising Q&A download
While it has been decades since Congress banned cigarette adverts from the airwaves, broadcasters continue to ask for advice on whether they may air certain types of tobacco-related advertisements.
Sintons has advised on a £62.5m deal that saw a north-east-based healthcare property developer and investor acquired by a rival.
Health Alert — 16 September 2013 download
DLA Piper has published the 16 September issue of its Health Alert publication, which focuses on judgments, legislations and reports in the health sector.
A working group tasked with making recommendations for optimal regulation of health information technology delivered its final report to the Food and Drug Administration.
Investigations have recently been reported into allegations that millions of pounds worth of bribes have been paid to boost drug sales in China.
DLA Piper has represented private equity firm Triton Pacific Capital Partners in its sale of Alegis Care to NewQuest.
This tool is designed to help covered entities and business associates determine what they need to address under the Health Insurance Portability and Accountability Act.
Second medical use patents download
Patent cliffs remain one of the biggest issues facing the pharmaceutical industry.
Outer Temple Chambers barrister James Counsell will be a guest speaker at the CLT conference on the regulation of healthcare professionals later this month.
DLA Piper has published the second issue of its Life Sciences Spotlight publication for 2013.
NCTM Studio Legale Associato has assisted the Cremascoli family in the sale of a 30 per cent stake of NGC Medical to Medtronic.
Mills & Reeve has released the September 2013 issue of its Health Legal Update.
Employers are seeing new challenges and opportunities in the provision of health coverage and other benefits to their employees.
Mills & Reeve has been appointed as the main external legal adviser to the London School of Hygiene & Tropical Medicine.
The Western Australian Government is expected to announce that it will not nationalise its laws in line with the occupational health and safety nationalisation process adopted by most other Australian states.
DLA Piper has advised Arsenal Capital Partners, a New York-based private equity firm, in its acquisition of International Fiber Corporation (ICC).
Outer Temple Chambers has received three nominations in the 2013 UK Bar Awards.
Health Alert — 2 September 2013 download
DLA Piper has published the 2 September issue of its Health Alert publication, which focuses on judgments, legislations and reports in the health sector.
Mills & Reeve has partnered with the Department of Health to develop new terms and conditions for the supply of goods and services to the NHS.
The EAT has held that an employment tribunal erred in deciding that an employer’s approach of discounting some disability-related absence from the overall level of sickness absence was impermissible.
EAT, annual leave and the WTR download
When individuals are on long-term sick leave and unable to take annual leave, only four weeks’ annual leave will carry over automatically into the next holiday year.
The number of sick days taken in the UK has dropped to a record low, according to a recent survey.
The departments of labour, treasury and health and human services recently published final Affordable Care Act regulations on wellness programmes.
Health Alert — 26 August 2013 download
DLA Piper has published the 26 August issue of its Health Alert publication, which focuses on judgments, legislations and reports in the health sector.
In the business of dealing with the sale and purchase of dental practices there are hurdles to jump, the most important of which is the effective transfer of the interest in a GDS contract.
In the recent case of Bangura v Southern Cross Healthcare Group Plc, the cconsidered the question of whether an employee could be protected by Transfer of Undertakings (Protection of Employment).
Whistleblowing has been a hot topic in the NHS. The Enterprise and Regulatory Reform Act 2013 will make significant changes to our whistleblowing legislation.
NHS England is proposing a root-and-branch overhaul of the incentives, rewards and sanctions currently imposed on providers of NHS services under the NHS Standard Contract.
US private equity firm Bain Capital has recently acquired an 80 per cent stake in blood products company Plasma Resources UK for £230m.
A recent survey by the British Medical Journal of 134 acute hospital NHS trusts has found that 21 of those trusts have recently introduced private, or ‘self-funded’ services.
Health plan pays for failing to erase data on leased equipment: two takeaways for companies handling electronic PHI download
The Office for Civil Rights has announced a settlement between the US Department of Health and Human Services and Affinity Health Plan, Inc.
The Affordable Care Act has encouraged substantial consolidation within the health care industry, causing a frenzy of acquisitions.
Health alert — 19 August 2013 download
This health alert from DLA Piper includes judgments from New South Wales, Victoria and South Australia, as well as legislation and reports.
Monitor has been consulting on guidance it intends to issue on the National Health Service (Procurement, Patient Choice and Competition) (No.2) Regulations 2013.
Can you require an employee to submit to a medical examination and what happens if the employee refuses?
Addleshaw Goddard has advised Practice Plan Group on its acquisition by Wesleyan Assurance Society for an undisclosed sum.
DLA Piper has announced that Karen Nelson has joined the firm’s national healthcare enforcement and compliance practice as of-counsel in the Austin office.
Following a consultation last year, HSE confirmed in July 2013 that it would be changing the reporting requirements under RIDDOR from 1 October 2013.
Health Alert — 12 August 2013 download
The 12 August 2013 issue of DLA Piper’s Health Alert is available now.
Sintons client Philip Horsfield, practice manager at Village Green Surgery, discusses how the recent reforms in the NHS have led to ‘chaos’ in primary care.
Outer Temple Chambers barrister John McKendrick is acting for the local authority in a case before Mrs Justice Eleanor King, sitting in the Court of Protection.
The August 2013 issue of Mills & Reeve’s Health Legal Update is available now.
Health Alert — 5 August 2013 download
The 5 August 2013 issue of DLA Piper’s Health Alert is now available.
Wall Street Journal publishes new exposé on PODs; hospitals continue to adopt anti-POD policies download
The latest piece by John Carreyrou describes the potential patient harms that can result when surgeons have a financial interest in the implantable medical devices that they order for their own patients via ownership in a physician-owned distributor (POD).
Curar Animal Therapeutics has secured investment of £265,000 to help fuel its growth. This investment was overseen by Sintons and RMT Accountants and Business Advisors.
DLA Piper has announced that David Durham has joined the firm’s employment practice as a partner in the San Francisco office.
Health Alert — 29 July 2013 download
DLA Piper has released its Health Alert dated 29 July 2013.
The Court of Appeal has today handed down an important decision that concerns a patent for a synthetic copolymer known as copolymer-1.
Part 3 of the Mental Health (Discrimination) Act 2013 alters the model articles of private and public companies.
If better end-of-life care depends on more funding, expect only a higher number of claims against the NHS
Mrs Williams has a potential claim against two separate parties: Great Crest Care Home and Spotless Floors.
In the current heatwave, employers need to consider their strategy for keeping control of employee absences during the hot weather as employees make the most of the sun.
Health Alert — 22 July 2013 download
The 22 July 2013 issue of DLA Piper’s Health Alert is available now.
The regulation of similar biological medicinal products (‘biosimilars’) is governed by article 10(4) of Directive 2001/83 as amended, supplemented by the annex to the directive.
The draft EC data protection regulation proposes a number of changes to the EU data protection regime.
Negotiating a good patent licence is a challenging business at the best of times.
Patent infringement by pre-expiry offer to supply a product after the patent has expired is an area of acute difficulty in Austria.
In France, two sets of rules apply to the enterprises operating in the medical sector when dealing with health professionals, their organisations and healthcare institutions.
Nabarro has advised Watford Borough Council and West Hertfordshire Hospitals NHS Trust on the financial and legal close of a £250m regeneration project
SPC protection for combinations download
It has proved very difficult to interpret the legislation governing supplementary protection certificates (SPCs) as regards combination drugs.
Health Alert — 15 July 2013 download
DLA Piper has released a Health Alert dated 15 July 2013.
DC District Court applies Christian Doctrine, upholds hospitals as subcontractors subject to OFCCP anti-discrimination provisions download
The DC District Court has upheld a ruling by the US Department of Labor’s ARB deeming three Pennsylvania hospitals’ government subcontractors subject to the OFCCP’s jurisdiction.
DAC Beachcroft has strengthened its corporate insurance and health real estate teams with two partner hires in London.
The OIG has released an advisory opinion approving a proposed arrangement by a manufacturer to establish a tiered rebate programme for its customers.
The Supreme Court has changed the interplay between the national court and the EPO when considering a defendant’s liability to pay damages.
Mills & Reeve has released the July 2013 edition of its Health Legal Update.
Health Alert — 1 July 2013 download
The 1 July 2013 issue of DLA Piper’s Health Alert publication is available now.
Krista Donahue Drobac has joined the DLA Piper’s government affairs practice and healthcare public policy and regulatory group as a policy adviser.
The HSE has launched new online guidance on ‘health surveillance’ to make it easier for employers to understand their obligations.
The claimant was a police community support officer. Her application to become a police constable revealed she had had a conviction 17 years previously that she had not disclosed.
The current regulation block-exempting certain categories of technology licensing agreements from the competition rules on anti-competitive agreements is due to expire on 30 April 2014.
Supreme Court in Actavis: analyse reverse-payment settlements' anticompetitive effects case by case download
The Supreme Court in FTC v Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation must be analysed under the rule-of-reason standard on a case-by-case basis.
Health Alert — 24 June 2013 download
The 24 June 2013 issue of DLA Piper’s Health Alert publication is available now.
Health Alert — 17 June 2013 download
DLA Piper has released its Health Alert dated 17 June 2013.
The Tax Tribunal has concluded that the transaction between the Royal College of Paediatricians and Child Health and Coleridge was a TOGC.
With Google Glass creating interest in the media, attention is shifting to the possibility of a new generation of technology that is not just portable but wearable.
As part of a review of the allegations of sexual abuse by Jimmy Savile, the barrister tasked with considering themes arising from those investigations has invited comment from NHS staff about four issues.
A team from Shoosmiths has won the Legal Advisers of the Year – Transactional category at the Healthinvestor Awards 2013.
In Roche Diagnostics Ltd v Mid Yorkshire Hospitals NHS Trust, an unsuccessful tenderer was entitled to both specific and pre-action disclosure in a public procurement dispute in relation to two related contracts.
Hogan Lovells has been recommended by the Legal 500 US 2013 edition in 35 practice areas, including seven rankings in the Tier-1 category.
When interpreting a contract, it’s not just the express terms of the contract that are important. Careful consideration should also be given to implied terms.
The UK Information Commissioner’s Office (ICO) has imposed a fine of £100,000 on Stockport PCT for a serious breach of the Data Protection Act 1998.
Walker Morris has been appointed to the West Yorkshire Legal Services Framework.
Mills & Reeve has announced that its merger with Manchester firm George Davies has completed.
Mills & Reeve has released the June 2013 edition of Health Legal Update.
Health Alert — 3 June 2013 download
DLA Piper has released the 3 June 2013 issue of its Health Alert publication. It focuses on judgments, legislation and reports in the health sector.
Monitor recently launched a public consultation on its proposed guidance in relation to the controversial NHS (Procurement, Patient Choice and Competition) (No.2) Regulations 2013.
Transparency of clinical trials data download
This document contains an overview of current rules on access to clinical trials data, an overview of the anticipated legislative changes and a summary of the issues that the new regulation may bring.
Chambers USA 2013 recognises Hogan Lovells’ practice areas and lawyers.
Health Alert — 27 May 2013 download
DLA Piper has released its Health Alert for 27 May 2013.
The GMC (Fitness to Practise and Constitution of Panels and Investigation Committee) Amendment Rules 2013 are now in force, provoking a massive response from doctors and those working in the healthcare sector.
Complying with the NHS (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 ('Commissioning Regulations')
Requirements for NHS commissioning and procurement strategy.