This article looks at how you, as health commissioners, can implement some of those changes. It is not theoretical – it is happening already in a range of public services, just much slower in health for fairly obvious reasons arising from the structural changes.

For CCGs, the prospect of taking on the mantle of litigation arising from care arrangement disputes may present a significant challenge. Some of the key issues are set out in this article.

Jeremy Hunt has announced today that so-called ‘gagging clauses’ in NHS settlement agreements, which seek to prevent public interest disclosures regarding patient safety and patient care, will be ‘banned’ with immediate effect. 

This article looks at the key messages for local authorities.

The lessons learned and recommendations set out in the Francis report are clearly intended to have an impact outside Stafford Hospital. Among many problems highlighted the report identifies:

The buck stops with the Board, and some of the wide-ranging recommendations set out in the report will have a direct impact on Board composition, conduct and performance.

We are holding a PF2 workshop on 17 January 2013 which will discuss these issues in greater detail.

• The law of unintended consequences: TUPE service provision changes
• If I've told you once, I've told you twice....a misconduct update
• Employment news round-up, December 2012

Whilst the Inquiry’s detailed findings and recommendations are awaited, an examination of the evidence identifies a range of themes to which the sector should have regard in anticipation of the final report and beyond.  In this alert, we focus on the theme of the effectiveness of provider boards.

• Political opinion as reason to dismiss
• A mineshaft and a legal minefield: the TUPE ‘one-off event’ exemption
• Employment news round-up, November 2012

This article by Georgia Ford and Claire Bentley looks at some of the key issues that health professionals need to be familiar with in order to properly fulfil their duties to patients and to protect themselves and their employer.

If you have agreed to take on a community PFI, or are considering doing so, how should you approach the acquisition?

Essentially, the starting point is that everyone has a right to marry in accordance with the limitations of the legal frameworks.

This article examines the criticisms and recommendations raised about the CPR decision making process.

Dealing with service provision changes and the meaning of an “organised grouping of employees”.

This update contains brief details of recent property legislation, cases and other developments relevant to those involved in property.

The guidance focuses upon four pilot cost saving reviews of operational PFI projects, one by HM Treasury with the Cabinet Office and three by the MoD.  The pilot reviews have confirmed the draft guidance recommendations for achieving operational savings identifying three main categories, this article examines those categories.

Obtaining good factual evidence is essential for the successful defence of a claim.  The key to obtaining that evidence is effective and empathetic communication with the doctors, nurses or midwives who were involved in the care of the patient and from whom we seek factual evidence. 

Claire Bentley and Jane Bennett look at the issues that front line staff should be considering when dealing with police requests for information.

• Bribery Act 2010: Ministry of Justice consultation on draft guidance
• Liquidated damages: High Court holds that a "commercially justifiable" clause was not a penalty and was enforceable
• Revisions to the Technology and Construction Court Guide
• Electronic disclosure of documents in litigation - new Practice Direction
• Consolidated Building Regulations to come into force on 1 October
• New agreement to improve health and safety on construction sites
• International Chamber of Commerce issues revised Incoterms

• Extensions of time: causation, concurrent delay events and critical path analysis 
• "Best endeavours", "reasonable endeavours" and "all reasonable but commercially prudent endeavours" - is there a difference? 
• Adjudicator bias?
• Retention of title clause ineffective where contract allowed "revolving stock" sales
• Procure 21+ finally launched
• Failure to finalise contract terms resulted in unlimited liability.

• Contract management: National Audit Office Report on the performance of hospital PFI projects
• Professional negligence: Overvaluation not  negligent despite errors
• Construction Projects: Recovering costs and losses from professional advisers
• Time limit for making claim for loss and expense held to be a condition precedent.
• Entire agreement clause did not prevent rectification
• Why you should question offers which seem too good to be true
• Withdrawal of Part 36 offer
• 74 hours delay in delivering Decision made adjudicator's Decision unenforceable
• The importance of complying with contractual notice provisions

• Contract formation: "Subject to contract" and contractual intention
• Credit crunch causes loss of profits claim to fail
• Main contractor liable for subcontractor's failure to put in place and implement safe systems
• Inadequate warning did not oust the warranty of fitness for purpose
• Quantifying whole life carbon dioxide emissions of buildings
• Severability and enforcement of adjudicators' decisions
• Arbitration: Will an application for an extension of time for service of a defence in court proceedings amount to a "step in the proceedings"?

• The new Bribery Act - avoid criminal conviction for "failing to prevent bribery"
• Termination of contracts: deciding on grounds and drafting termination notices
• Interest on late payment of commercial debts
• Adjudication: "Multi-party joinder" and "Tolent" costs clauses
• The Third Parties (Rights against Insurers) Act 2010
• Adjudication: an adjudicator's decision not to address a significant issue meant his award was not enforceable
• 30 day payment clauses in Government contracts
• E-tendering in public procurement

We have written a short article on the new offence, the defence of having "adequate procedures" in place, and guidance on adequate procedures.

If you require any further information about any of the items mentioned, or if you have been forwarded this update by a colleague and would like to receive it direct, please contact David Kirkpatrick , Associate Solicitor and Professional Support Lawyer for the Construction & Engineering Department.

There are a number of important legal issues that need to be borne in mind when such reviews are undertaken and this Alert seeks to highlight these and offer some signposts for assistance.

The Court of Appeal, in the recent case of Autoclenz Ltd v Belcher and Others has revisited the much discussed issue of the importance of express contractual provisions in determining an individual's status as an employee, worker or self-employed contractor.  Jane Wallenstein explains more.

Coleman v Attridge - EAT widens the scope of "associative" to any third party

Although the DDA prohibits discrimination in employment against a disabled person and harassment which relates to a disabled person’s disability, it does not expressly protect non-disabled individuals from discrimination or harassment based on their association with a disabled person.  Chloe Edwards sets out the latest position in this long running litigation.