Bevan Brittan LLP - articles : medical law http://www.bevanbrittan.com/articles?filter=6a45a9c5-1f2b-4959-bc13-557611377074 <![CDATA[Health and Social Care Update - May 2013]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[Health and Social Care Update - April 2013]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

]]> Mon, 15 Apr 2013 00:00:00 GMT <![CDATA[Courting disaster: the litigation challenge for CCGs]]> It is said that no news is good news. So interest in the Winterbourne case or the Heslop report is encouraging only because it identifies bad practice. Likewise, if litigation is a measure of the success of a particular state of affairs, the courts’ involvement in care packages for vulnerable patients is a sign that not all is well.

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.

]]> Thu, 21 Mar 2013 00:00:00 GMT <![CDATA[Health and Social Care Update - March 2013]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

]]> Wed, 06 Mar 2013 00:00:00 GMT <![CDATA[Employment Eye: February 2013]]> Welcome to the February 2013 edition of Employment Eye our monthly newsletter with information on the latest employment law developments and how they should be implemented.

]]> Thu, 28 Feb 2013 00:00:00 GMT <![CDATA[Employment news round-up: February 2013]]> This month’s news round-up is brought to you by Alastair Currie and includes the latest news on: TUPE (whether it is ‘static’ or ‘dynamic’); whistleblowing; changes to unfair dismissal as a result of the recent BNP case on politically motivated dismissals; details of new guidance following the recent Eweida case on religious discrimination; and details of new developments on collective redundancy, family friendly rights and settlement agreements.

]]> Thu, 28 Feb 2013 00:00:00 GMT <![CDATA[The inside track on the Mid Staffordshire NHS Foundation Trust Public Inquiry: Five questions for Bevan Brittan’s adviser to the CQC]]> In a follow-up to our recent alert on the report of the Mid Staffordshire NHS Foundation Trust Inquiry, Julian Hoskins discusses the practical impact of the report on workforce issues, in a Q&A with Carlton Sadler - the Bevan Brittan Senior Associate who led the team advising one of the core participants in the Inquiry, the Care Quality Commission.

]]> Thu, 28 Feb 2013 00:00:00 GMT <![CDATA[Being an Inquest Witness: Part 1 - Statement Writing]]> This article covers key tips on how to prepare a statement in order to best assist the Coroner in the context of an Inquest.]]> Mon, 25 Feb 2013 00:00:00 GMT <![CDATA[DNAR: A matter of life and death]]> Decisions not to attempt resuscitation can generate a great deal of controversy.  This article focuses on the competing tensions, guidelines and points of consideration in this complex and challenging area.]]> Mon, 25 Feb 2013 00:00:00 GMT <![CDATA[No place for discrimination - the impact on the NHS of the ban on age discrimination ]]> This article examines the legislative framework as well as setting out the questions and issues NHS organisations should ask themselves in order to comply with the Equality Act legislation.]]> Mon, 25 Feb 2013 00:00:00 GMT <![CDATA[Regulatory Matters - Will pointing the finger of blame work?]]> The challenge for all is to create real and lasting differences in the health and social care spectrum.  This article examines some common themes about achieving change]]> Mon, 25 Feb 2013 00:00:00 GMT <![CDATA[Mid Staffordshire NHS Inquiry Report – Implications for Foundation Trust Governors]]> Governance was a central theme of Robert Francis QC’s report on the failings at Stafford Hospital. While Foundation Trust boards and various regulators bore the brunt of the criticisms, the report also has implications for Foundation Trust governors.

]]> Thu, 21 Feb 2013 00:00:00 GMT <![CDATA[Mid Staffordshire NHS Inquiry report - Lessons for local authorities]]> It would be easy for local authorities to dismiss the findings and recommendations of the Mid Staffordshire report as an NHS problem. But the failure to resolve allegations of abuse in local authority children’s homes for more than 30 years, the recent Banstead care death and Robert Francis QC’s direct criticisms of local authority scrutiny of health services demonstrate that this is also very much a local authority problem.

This article looks at the key messages for local authorities.

]]> Mon, 18 Feb 2013 00:00:00 GMT <![CDATA[Mid Staffordshire NHS Inquiry Report - Key points: Clinical Governance]]>

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:

  • A lack of openness to criticism
  • A lack of consideration for patients
  • Defensiveness
    • ]]>     Wed, 06 Feb 2013 00:00:00 GMT     <![CDATA[Mid Staffordshire NHS Inquiry Report - Key points: Leadership, Culture and Corporate Governance]]> In his introduction to the report Robert Francis QC makes the point that the failure at Mid Staffordshire was “primarily caused by a serious failure on the part of a provider Trust Board.  It did not listen sufficiently to its patients and staff or ensure the correction of deficiencies brought to the Trust’s attention. Above all, it failed to tackle an insidious negative culture involving a tolerance of poor standards and a disengagement from managerial and leadership responsibilities.”

    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.

    ]]>     Wed, 06 Feb 2013 00:00:00 GMT     <![CDATA[Mid Staffordshire NHS Inquiry Report - Key points: Relationships with commissioners and oversight bodies]]> The Francis report makes challenging reading for commissioners.  It is clear that although the successive reforms to the NHS may have amounted to mitigating circumstances, the commissioners, and indeed other interested parties, failed to take adequate steps to prevent the problems at Mid Staffordshire, or to uncover and prevent them from continuing.  The report recognises that the system is on the cusp of change but “the experience of Stafford shows an urgent need to rebalance and refocus commissioning into an exercise designed to procure desired standards of service for patients as well as to identify the nature of the service to be provided”.

    ]]>     Wed, 06 Feb 2013 00:00:00 GMT     <![CDATA[Mid Staffordshire NHS Inquiry Report - Key points: Workforce Issues]]> As Mr Francis QC points out in the report, much has been said about whistleblowing during the Inquiry, and much has been written about it since the Inquiry concluded. It is clear from the report that, while Mid Staffordshire had in place a whistleblowing policy and procedure, it faced serious difficulties in the implementation of that policy.

    ]]>     Wed, 06 Feb 2013 00:00:00 GMT     <![CDATA[Mid Staffordshire NHS Trust inquiry report published - Key points briefing]]> Robert Francis QC's report today heralds the conclusion of possibly the largest ever public inquiry into the regulation of healthcare in this country. The report is extensive, running to 1782 pages and making 290 recommendations.The findings and recommendations in the report are of fundamental significance not only for the NHS but also beyond.

    ]]>     Wed, 06 Feb 2013 00:00:00 GMT     <![CDATA[Health and Social Care Update - February 2013]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 05 Feb 2013 00:00:00 GMT     <![CDATA[Lessons for Commissioners - The Mid-Staffordshire NHS Foundation Trust Public Inquiry]]> Mon, 04 Feb 2013 00:00:00 GMT <![CDATA[Health and Social Care Update - January 2013]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Thu, 10 Jan 2013 00:00:00 GMT     <![CDATA[The Mid-Staffordshire NHS Foundation Trust Public Inquiry - Organisational Culture and Quality Governance]]> In this alert, we focus on the related quality governance themes of organisational culture and the structures for quality governance and learning to enable organisations to consider these and possible future developments in advance of the Inquiry’s report.

    ]]>     Wed, 12 Dec 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - December 2012]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Thu, 06 Dec 2012 00:00:00 GMT     <![CDATA[Hitting the target, missing the point, and losing the plot – A snapshot of the themes arising from the Mid Staffordshire Public Inquiry]]> There is much anticipation and expectation for Robert Francis QC’s report into the Mid Staffordshire Inquiry. The latest announcement of delay in the issuing of the report (which is now due in early January) means that it will not live up to its previous billing by the Health Service Journal as “the most important NHS event of 2012”, but it could well make it the headline act of 2013.

    ]]>     Wed, 14 Nov 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - November 2012]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 06 Nov 2012 00:00:00 GMT     <![CDATA[NHS Litigation Authority 10 Years of Maternity Claims Report]]> Many will now hopefully have seen the NHS Litigation Authority 10 Years of Maternity Claims Report released on 26th October 2012 and had an opportunity to reflect on the considerable press coverage which followed. Described by David Richmond, RCOG Vice President (Clinical Quality) as "a serious wake-up call to all with responsibilities in providing maternity care" the report analyses maternity claims reported to the NHS LA as at 1 April 2010 (from incidents which occurred between 1 April 2000 and 31 March 2010) and is essential reading for those involved with the delivery of care.

    ]]>     Mon, 05 Nov 2012 00:00:00 GMT     <![CDATA[Patient safety and clinical governance - The vital importance of robust record keeping]]> Robust record keeping is vital to patient safety, quality of care and the demands of clinical governance. Inadequate medical records mean that some litigation claims cannot be properly defended and need to be settled out of court.

    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.

    ]]>     Thu, 18 Oct 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 09 Oct 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - September]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Wed, 12 Sep 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - August]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 07 Aug 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - July 2012]]> Tue, 10 Jul 2012 00:00:00 GMT <![CDATA[Academic Health Science Networks: Expressions of interest sought]]> Following the publication of Innovation Health and Wealth in December 2011 the Department of Health agreed to work with the NHS, universities and industry to designate Academic Health Science Networks (AHSN). The first networks are to go live in 2012/13.

    ]]>     Tue, 03 Jul 2012 00:00:00 GMT     <![CDATA[Clinical Commissioning Groups’ authorisation: Detailed requirements]]> Tue, 03 Jul 2012 00:00:00 GMT <![CDATA[Claims case round up - June 2012]]> Mon, 02 Jul 2012 00:00:00 GMT <![CDATA[Informed consent and patient information leaflets]]> The law relating to consent is of central importance to patients, clinicians and those who act for them because it protects the ethical principle of autonomy, the right of individuals to have the final say about what is or is not done to their bodies. The courts take a dim view of treatment that is provided without a patient’s consent, and the clinician who ignores a patient’s wishes risks, in the very worst circumstances – where consent is not just uninformed but entirely vitiated as unreal – a finding of battery.

    ]]>     Mon, 02 Jul 2012 00:00:00 GMT     <![CDATA[Metal-on-metal hip replacements - who owns your implant?]]> Hip replacements are currently performed in approximately 70,000 patients a year in the UK and 1,250,000 worldwide.   However, in recent months, the news has been full of stories about the fears of faulty ‘toxic’ hip replacements. The concerns surround ‘metal-on-metal’ devices, where the metal mixtures used contain chromium and cobalt. 

    ]]>     Mon, 02 Jul 2012 00:00:00 GMT     <![CDATA[PIP breast implants - Joanna Lloyd examines the road ahead]]> Mon, 02 Jul 2012 00:00:00 GMT <![CDATA[“Love: a temporary insanity, curable by marriage” (Ambrose Bierce)]]> Under Article 12 of the European Convention of Human Rights, men and women of marriageable age have the right to marry. However, this right is expressed as being subject to "the national laws governing the exercise of this right".

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

    ]]>     Fri, 22 Jun 2012 00:00:00 GMT     <![CDATA[Good practice in complaints investigation]]> Dealing with complaints effectively throughout the NHS is fundamental to maintaining the confidence of patients in relation to its performance, efficiency, quality and safety of care.

    ]]>     Fri, 22 Jun 2012 00:00:00 GMT     <![CDATA[The 2012 Olympics - A race for healthcare or business as usual?]]> Fri, 22 Jun 2012 00:00:00 GMT <![CDATA[To resuscitate or not to resuscitate – That is the question?]]> In June 2012 a critical report was published by the National Confidential Enquiry into Patient Outcome and Death (NCEPOD) highlighting the inadequacies in cardiopulmonary resuscitation (CPR) practice in hospitals. The study was carried out on 585 patients who suffered from a cardiac arrest during their admission to hospital, focusing on how they were treated before, during and after the cardiac arrest event.

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

    ]]>     Fri, 22 Jun 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - June 2012]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Mon, 11 Jun 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - May 2012]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Thu, 10 May 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - April 2012]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Wed, 11 Apr 2012 00:00:00 GMT     <![CDATA[Health and Social Care Act: Decision Making By Clinical Commissioning Groups]]> This article explores the introduction of CCGs, their duties and responsibilities and how these will impact on commissioning health services.

    ]]>     Thu, 05 Apr 2012 00:00:00 GMT     <![CDATA[Health and Social Care Act: Implications for Foundation Trust Governance and Constitutional Arrangements]]> Considers the amendments to the legislative provisions which must be contained in all Foundation Trust Constitutions and the impact on governance.

    ]]>     Thu, 05 Apr 2012 00:00:00 GMT     <![CDATA[Health and Social Care Act: repeal of the private patient income cap...Give and Take]]> Considers the repeal of the private patient income cap and explores how Foundation Trusts can generate income from non-NHS activity]]> Fri, 30 Mar 2012 00:00:00 GMT <![CDATA[Health and Social Care Update - March 2012]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Wed, 07 Mar 2012 00:00:00 GMT     <![CDATA[Rabone – The Supreme Court Decision - How it will impact upon Inquests and Mental Health Practice]]> The Supreme Court has delivered its long awaited judgment in the case of Rabone  v Pennine Care NHS Foundation Trust.  In summary, the Supreme Court made the following findings:

    ]]>     Fri, 24 Feb 2012 00:00:00 GMT     <![CDATA[Assisted suicide - what healthcare professionals need to know]]> Claire Bentley considers how healthcare professionals should respond when in challenging conversations with patients who feel their life is unendurable and wish to explore assisted suicide.

    ]]>     Wed, 15 Feb 2012 00:00:00 GMT     <![CDATA[Patient privacy and the use of mobile phones in hospitals]]> Until recently, the main concerns of mobile phone use in hospitals were the risks associated with the interference of medical equipment. This resulted in many NHS Trusts putting restrictions in place to prohibit their use. Some Trusts even enforced blanket bans across their hospitals. However, these concerns have been steadily allayed over the last few years as a mass of research demonstrates that mobile phones actually pose little or no risk to the majority of hospital equipment. Trust policies therefore now tend to adopt a more flexible approach allowing for the use of mobile phones on their premises, with the exception of a limited number of prohibited areas such as specialist baby and critical care units.

    ]]>     Wed, 15 Feb 2012 00:00:00 GMT     <![CDATA[Zero tolerance - at what risk?]]> Having the right procedures in place to deal with the management of patients (and in some cases their relatives) who are abusive, aggressive or threatening is more important than ever. Assaults on NHS staff for 2009/2010 amounted to 56,718 (1). This is clearly of huge concern both from the perspective of those individual staff members personally attacked whilst carrying out their jobs, but also in terms of the time and money which is being diverted from the delivery of healthcare.

    ]]>     Wed, 15 Feb 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - February 2012 ]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 07 Feb 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - January 2012]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 10 Jan 2012 00:00:00 GMT     <![CDATA[Health and Social Care Update - December 2011]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 06 Dec 2011 00:00:00 GMT     <![CDATA[Claims case round-up]]> Nicola Pegg provides our usual round-up of interesting cases, including a look at whether a Claimant can sell a claim to someone else to pursue and more judicial support for standing firm against over-inflated claims.

    ]]>     Thu, 01 Dec 2011 00:00:00 GMT     <![CDATA[Is your trust involved in organ transplants?]]> If yes, it will be illegal to be involved in this activity without a licence from 27 August 2012 - Are you prepared?

    ]]>     Thu, 01 Dec 2011 00:00:00 GMT     <![CDATA[Litigants in person numbers on the rise]]> The number of litigants in person is on the rise according to The Personal Support Unit (PSU), a voluntary organisation which provides support to litigants in person.  They have reported that such cases in the Manchester Civil Justice Centre are up by 89% in the four months to 30 September compared with 2010. 

    ]]>     Thu, 01 Dec 2011 00:00:00 GMT     <![CDATA[Ten minute teaser - test your knowledge of the early stages of litigation]]> Julie Charlton sets out a quick brainteaser on various aspects of managing claims, for when you have a spare 10 minutes.]]> Thu, 01 Dec 2011 00:00:00 GMT <![CDATA[Health and Social Care Update November 2011]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Mon, 07 Nov 2011 00:00:00 GMT     <![CDATA[(Older) people and sexuality - a care conundrum]]> ]]> Wed, 12 Oct 2011 00:00:00 GMT <![CDATA[Children - which decision counts?]]> Wed, 12 Oct 2011 00:00:00 GMT <![CDATA[The withdrawal of life sustaining treatment]]> Consideration of the case of W-v-M and S and A NHS Primary Care Trust, EWHC 2443, 28/09/11, the first in which a court was asked to consider whether it was in the best interests of a patient in a 'minimally conscious state' to withdraw life sustaining treatment.]]> Wed, 12 Oct 2011 00:00:00 GMT <![CDATA[Health and Social Care Update October 2011]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 11 Oct 2011 00:00:00 GMT     <![CDATA[Claims case round-up]]> A review of the recent case law on Part 36 offers.

     

    ]]>     Wed, 14 Sep 2011 00:00:00 GMT     <![CDATA[Data security: if data is lost and possible sanctions that can be imposed]]> Few would take issue with a statement that the NHS and its associated parts need to be trusted to maintain the confidentiality and security of personal information.  The principles of information security require that all reasonable care is taken to prevent inappropriate access, modification or manipulation of data.  In the NHS, the most sensitive data is, of course, patient record information.

    ]]>     Wed, 14 Sep 2011 00:00:00 GMT     <![CDATA[Dos and don'ts of investigating hospital acquired infection cases]]> Sian Morgan reviews the best way to approach investigating cases alleging hospital acquired infection.

    ]]>     Wed, 14 Sep 2011 00:00:00 GMT     <![CDATA[Health and Social Care Update - September 2011]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Thu, 08 Sep 2011 00:00:00 GMT     <![CDATA[Claims case round-up]]> In this month's cases round-up, Ed Duckworth looks at some further developments on Part 36 offers, how easy it is to change experts and whether a potential Claimant can sell their claim on. 

    ]]>     Wed, 20 Jul 2011 00:00:00 GMT     <![CDATA[Expert Immunity - decision overdue?]]> In this article, Raj Kang, reviews the recent landmark case of Jones v Kaney where expert witnesses have lost their 400 year old immunity from being sued in civil courts.  The full ramifications of this decision are yet to emerge but it is clear that the implications are far-reaching.

    ]]>     Wed, 20 Jul 2011 00:00:00 GMT     <![CDATA[Is this claim exaggerated? – six steps to check]]> Defendants often feel that claims they are presented with are excessive and, occasionally, potentially fraudulent.  Recent case law indicates that Judges are not always sympathetic towards allegations by Defendants of fraud or exaggeration (see below). Such allegations need to be pleaded in a Defence supported by a statement of truth so this is not a step which will be taken lightly. It is therefore crucial that attempts are made to resolve any quantum disputes before trial and to ensure that ample evidence is obtained. This article describes the steps that can be utilised to dispute heads of loss that do not add up.

    ]]>     Wed, 20 Jul 2011 00:00:00 GMT     <![CDATA[Too fat to fly and other supersized stories]]> At a time when British women take up the mantle of being the fattest in Europe and NHS Trusts are criticised for a failure to tackle their own staff’s obesity, here are 3 cases arising from the impact of the obesity epidemic not only on the NHS but also further afield...

    ]]>     Wed, 20 Jul 2011 00:00:00 GMT     <![CDATA[Health and Social Care Update - July 2011]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Wed, 06 Jul 2011 00:00:00 GMT     <![CDATA[Avoiding a coroner's Rule 43 report at an inquest]]> Claire Bentley and Debbie Platts look at the fourth summary of reports and responses under Rule 43 of the Coroners Rules published by the Ministry of Justice in March 2011.  It bears thorough reading as it makes clear the trends in reporting by Coroners and the issues requiring such reports.

    ]]>     Wed, 15 Jun 2011 00:00:00 GMT     <![CDATA[Identifying wrongful detention and what to do about it]]> A common problem for mental health managers who have uncovered a procedural irregularity in a patient’s detention is in working out whether this means that the patient should be discharged and/or compensated. This article considers the current legal position and three recent cases

     

    ]]>     Wed, 15 Jun 2011 00:00:00 GMT     <![CDATA[Must “private life” factors be considered in the allocation of scarce resources?]]> Wed, 15 Jun 2011 00:00:00 GMT <![CDATA[Health and Social Care Update - June 2011]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Thu, 02 Jun 2011 00:00:00 GMT     <![CDATA[Health and Social Care Update May 2011]]> Wed, 04 May 2011 00:00:00 GMT <![CDATA[Health and Social Care Update - April]]> Wed, 06 Apr 2011 00:00:00 GMT <![CDATA[Mental Health Patient to have a public Tribunal hearing]]> To date mental health tribunal hearings in England have been held in private. Claire Bentley and Simon Lindsay report on the landmark decision allowing a mental health patient to have a public hearing of his application for discharge from hospital with members of the press and the public present.

    ]]>     Thu, 24 Mar 2011 00:00:00 GMT     <![CDATA[Health and Social Care Update - March 2011]]> Mon, 07 Mar 2011 00:00:00 GMT <![CDATA[Courts clarify responsibility of s.117 under MHA]]> Courts Clarify who is the Responsible Authority for the Purposes of s.117 Aftercare under the Mental Health Act 1983.

    On 15 February 2011, the Court of Appeal provided clarity as to who the responsible authorities are for the purpose of s.117 aftercare under the Mental Health Act 1983 (the "Act") in the case of R (on the application of Hertfordshire County Council) v London Borough of Hammersmith & Fulham and JM [2011] EWCA Civ 77.

     

    ]]>     Wed, 02 Mar 2011 00:00:00 GMT     <![CDATA[Are your "Sharps" policies and procedures up to scratch?]]> Over 1 million needlestick injuries are estimated to occur in the EU each year. These injuries are gaining increasing recognition as a major hazard on the health and safety horizon. They are the most frequent occupational hazard for nurses, doctors and other healthcare workers (1),  and have the potential to have devastating consequences. In addition, needlestick injuries are estimated to cost each NHS Trust around £500,000 per year (2).

     

    ]]>     Wed, 09 Feb 2011 00:00:00 GMT     <![CDATA[Judicial Review - a very public affair]]> Judicial Review (JR) is a public law proceeding where the High Court is required to consider the legality of a decision or action of a public body.  It can only be brought by a person or organisation that has sufficient interest in the decision which has been taken. 

     

    ]]>     Wed, 09 Feb 2011 00:00:00 GMT     <![CDATA[Health and Social Care Update - February 2011]]> Wed, 02 Feb 2011 00:00:00 GMT <![CDATA[Health and Social Care Bill]]> Mon, 24 Jan 2011 00:00:00 GMT <![CDATA[Unlawful detention of patients]]> Simon Lindsay reports on an important decision in the case of TTM –v- LB Hackney (2011)  EWCA Civ 4, which causes pause for thought for any mental health professional involved in detaining patients under the Mental Health Act. The Court of Appeal considered whether an intrinsic defect in an application (whether or not the defect was made in good faith or not) meant that the patient was unlawfully detained from the moment the hospital managers exercised their powers or from when a court ordered the patient’s release.

     

     

    ]]>     Fri, 21 Jan 2011 00:00:00 GMT     <![CDATA[Health and Social Care Update - January 2011]]> Mon, 10 Jan 2011 00:00:00 GMT <![CDATA[Are you fit to disclose?]]> In this article, Ceri Catton examines the General Medical Council’s (GMC) power of disclosure and provides practical tips if you are presented with a request for documents by the GMC.

     

    ]]>     Fri, 17 Dec 2010 00:00:00 GMT     <![CDATA[Claims case round-up December 2010]]> L.G. Blower Specialist Bricklayer Ltd v Reeves (2010); B v Nuffield Hospitals (2009); and Drake & Starkey (executrices of the estate of James Wilson, Deceased) -v- Foster Wheeler Ltd (2010).]]> Fri, 17 Dec 2010 00:00:00 GMT <![CDATA[Moving the goal posts - the discount rate debate]]> Damages for successful Claimants in serious personal injury and clinical negligence cases could soon be dramatically increased, following confirmation from the Lord Chancellor, Ken Clarke, that he would reconsider the level of the discount rate in claims for personal injury compensation. 

     

    ]]>     Fri, 17 Dec 2010 00:00:00 GMT     <![CDATA[Health and Social Care Update - December 2010]]>

    This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Mon, 06 Dec 2010 00:00:00 GMT     <![CDATA[Health and Social Care Update November 2010]]> Wed, 03 Nov 2010 00:00:00 GMT <![CDATA[Is it an inquest or a claim?]]> When preparing a statement for the Coroner, Mr A raised a concern that, although the cause of death of Mrs X was clostridium difficile, a review of her notes demonstrated that there may have been a missed opportunity to diagnose cancer.  This was many months previously, but it was arguable that the delay in diagnosis had led to more extensive surgery with increased chances of infection (which had materialised), leading to antibiotics and ultimately c.diff.

    ]]>     Wed, 20 Oct 2010 00:00:00 GMT     <![CDATA[Ministry of Justice Summary of Rule 43 Reports and Responses]]> Thu, 07 Oct 2010 00:00:00 GMT <![CDATA[Health and Social Care Update - October 2010]]> Tue, 05 Oct 2010 00:00:00 GMT <![CDATA[Health and Social Care Update - September 2010]]> Wed, 08 Sep 2010 00:00:00 GMT <![CDATA[Foundation Trust Application]]> will become or become part of a Foundation Trust within the next 3 years. ]]> Fri, 27 Aug 2010 00:00:00 GMT <![CDATA[Transforming Community Services Agenda – what FTs need to know]]> Fri, 27 Aug 2010 00:00:00 GMT <![CDATA[Clarification of scope of section 117 services]]> Thu, 12 Aug 2010 00:00:00 GMT <![CDATA[The Mental Capacity Act 2005]]> Thu, 12 Aug 2010 00:00:00 GMT <![CDATA[Surely not a mini-PCT?]]> Wed, 11 Aug 2010 00:00:00 GMT <![CDATA[Claims round-up]]> Fri, 06 Aug 2010 00:00:00 GMT <![CDATA[Is tort law appropriately applied to clinical negligence claims?]]> Fri, 06 Aug 2010 00:00:00 GMT <![CDATA[Res Ipsa Loquitur – “Forewarned is forearmed” or “A Word to the Wise” ]]> Fri, 06 Aug 2010 00:00:00 GMT <![CDATA[What’s in the Specimen Jar? Post Mortem Sector Changes]]> Fri, 06 Aug 2010 00:00:00 GMT <![CDATA[ProCure 21+ finally launched]]> Thu, 05 Aug 2010 00:00:00 GMT <![CDATA[Construction & Engineering Legal Update July 2010]]> In this month's digest we highlight the following developments of interest:

    • 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
    ]]>     Wed, 14 Jul 2010 00:00:00 GMT     <![CDATA[Erb's Palsy Litigation - the tide continues to turn ]]> Thu, 08 Jul 2010 00:00:00 GMT <![CDATA[Liverpool Care Pathway]]> Hannah Taylor explores the Liverpool Care Pathway ("The LCP") refining the core principles surrounding end of life care. ]]> Thu, 08 Jul 2010 00:00:00 GMT <![CDATA[Scores on the doors]]> Joanna Lloyd summarises the findings of the NHS Inpatient Survey 2009 from results published by CQC on 19th May 2010.]]> Thu, 08 Jul 2010 00:00:00 GMT <![CDATA[In the News]]> Fri, 02 Jul 2010 00:00:00 GMT <![CDATA[The first three months]]> Thu, 10 Jun 2010 00:00:00 GMT <![CDATA[Health and Social Care Update June 2010]]> Wed, 09 Jun 2010 00:00:00 GMT <![CDATA[“Proszę otworzyć buzię” (“Open wide”)]]> The legislation that applies to NHS funding of treatment abroad has brought in changes affecting treatments from 23 August 2010; this article outlines what the changes mean for health care commissioners, including new duties on PCTs to supply information about treatment funding to patients.]]> Tue, 08 Jun 2010 00:00:00 GMT <![CDATA[Forced Marriage – The Role of the Healthcare Professional]]> Tue, 08 Jun 2010 00:00:00 GMT <![CDATA[New responsibilities for NHS Trusts in relation to children admitted onto Psychiatric wards]]> Tue, 08 Jun 2010 00:00:00 GMT <![CDATA[Safeguarding children]]> Tue, 08 Jun 2010 00:00:00 GMT <![CDATA[Trust Handling of Requests for Information in Criminal Proceedings]]> Tue, 08 Jun 2010 00:00:00 GMT <![CDATA[Commissioning to increase public health capacity]]> "If we are to succeed in improving the health service, we must also improve the public health of the nation. We must promote good health, stronger locally-owned public health strategies and effective screening and prevention of disease."

    Andrew Lansley, 13 May 2010.

    ]]>     Thu, 27 May 2010 00:00:00 GMT     <![CDATA[A little bit more on PDS Plus]]> The “PDS Plus” is the latest addition to the standard NHS primary dental services contracts, and is the model contract to be used by PCTs in their Dental Access Procurements. Our alert sets out a number of issues that PCTs should consider in relation to this, from our experience of advising on the PDS Plus.

    ]]>     Wed, 12 May 2010 00:00:00 GMT     <![CDATA[Health and Social Care Update May 2010]]> Wed, 05 May 2010 00:00:00 GMT <![CDATA[Health Alert: Detailed Guidance for the Dry-Run of External Assurance on the Quality Reports]]> ]]> Tue, 04 May 2010 00:00:00 GMT <![CDATA[Department of Health Recommendations to PCTs in relation to Out of Hours Services]]>  ]]> Thu, 15 Apr 2010 00:00:00 GMT <![CDATA[Health and Social Care Update April 2010]]> Thu, 01 Apr 2010 00:00:00 GMT <![CDATA[New Performers Lists Directions: PCT List Management Procedures due for Review]]>  
    The Directions require PCTs to undertake a series of reviews by 1 July 2010, to implement the relevant procedures at the earliest opportunity, but no later than 31 March 2011, and to continually undertake reviews moving forward.
     
    To assist PCTs, we have produced a short guide to the Directions explaining what PCTs need to do now and over the next 12 months. ]]>     Thu, 01 Apr 2010 00:00:00 GMT     <![CDATA[Revised Code of Governance for NHS Foundation Trusts]]> Monitor has issued a new Code of Governance ("Code") for NHS Foundation Trusts which comes into force on 1 April 2010.
     
    The new Code makes some significant changes to the 2006 Code of Governance previously in force. It's important that Foundation Trusts are aware of the revisions to the Code and how this may impact upon their current internal governance arrangements and documentation. Although not mandatory guidance, the Code is considered best practice and good reasons will be required for any departure from it.]]>     Fri, 26 Mar 2010 00:00:00 GMT     <![CDATA[Sharper teeth for PMS commissioners]]> From April 1 2010 the Department of Health will be rolling out amendments to the current PMS Agreement Regulations enabling PCTs to terminate PMS Contracts on six months notice. In this article we look at the reasons for the change and the implications for PCTs.

    ]]>     Tue, 23 Mar 2010 00:00:00 GMT     <![CDATA[Health Alert: GMC Consultation "Revalidation: the way ahead"]]> Thu, 18 Mar 2010 00:00:00 GMT <![CDATA[Health Alert: Consultation on the de-authorisation of NHS foundation trusts]]> Wed, 17 Mar 2010 00:00:00 GMT <![CDATA[Monitor issues new guidance on the private patient income cap]]> Thu, 11 Mar 2010 00:00:00 GMT <![CDATA[Health and Social Care Update - March 2010 ]]> Claire Bentley contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month. ]]> Wed, 03 Mar 2010 00:00:00 GMT <![CDATA[Our Regular Round-up of Noteworthy Cases ]]> ]]> Tue, 02 Mar 2010 00:00:00 GMT <![CDATA[Patient responsibility and contributory negligence]]> Tue, 02 Mar 2010 00:00:00 GMT <![CDATA[Government Announcement – Pleural Plaques]]> The Government will not be reinstating compensation for Pleural Plaques. They have stated, however, that claimants with ongoing cases will receive one-off payments. Adrian Neale discusses the implications of the decision. ]]> Mon, 01 Mar 2010 00:00:00 GMT <![CDATA[Health Alert: Language testing of doctors for inclusion on Performers List]]> The Department of Health has issued interim guidance to PCTs in England on the language testing of overseas doctors. The guidance is intended to assist PCTs in deciding whether a doctor has sufficient knowledge of English to perform primary medical services in the PCT’s area, and therefore to be included on the PCT’s Performers List.

    ]]>     Mon, 15 Feb 2010 00:00:00 GMT     <![CDATA[Care Quality Commission - Registration And Mental Health Act Policies]]> Tue, 09 Feb 2010 00:00:00 GMT <![CDATA[Health Focus – The Health Act 2009]]> ]]> Tue, 09 Feb 2010 00:00:00 GMT <![CDATA[NHS Data Security in the Spotlight]]> Tue, 09 Feb 2010 00:00:00 GMT <![CDATA[The Human Rights Act and its Prevalence in the World of Medicine]]> This article sets out the impact of the Human Rights Acts 1998 on worldwide health services. It looks at the evidential consequences since the act was first established.  ]]> Tue, 09 Feb 2010 00:00:00 GMT <![CDATA[Health and Social Care Update - February 2010]]> Claire Bentley contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
    ]]>     Wed, 03 Feb 2010 00:00:00 GMT     <![CDATA[The Jackson Report on costs - implications for public bodies]]> Lord Justice Jackson has now published his much anticipated final report on civil litigation costs. 

    In an attempt to improve access to justice and control costs, the report proposes changes in a number of key areas.  We set out details of the proposals which will particularly impact on disputes involving parties within the public sector.

    ]]>     Wed, 20 Jan 2010 00:00:00 GMT     <![CDATA[Health and Social Care Update - January 2010]]> This Update prepared by Claire Bentley contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 05 Jan 2010 00:00:00 GMT     <![CDATA[Can NHS trusts build the will to improve patient safety?]]> In this article Ceri Catton and Joanna Lloyd explore how safe the NHS is, examine the criticisms raised against NHS Trusts and other key players in the quest to improve patients’ safety and ask what more can be done.]]> Wed, 23 Dec 2009 00:00:00 GMT <![CDATA[Health and Social Care Update - December 2009]]> Tue, 01 Dec 2009 00:00:00 GMT <![CDATA[Consent: Where are we now?]]> Fri, 27 Nov 2009 00:00:00 GMT <![CDATA[Litigants in person]]> Managing the un-managable: practical tips on dealing with Litigants in Person by Laura Hartwell and Julie Charlton.]]> Fri, 27 Nov 2009 00:00:00 GMT <![CDATA[CQC Registration - step onto the level playing field]]> All NHS provider organisations will need to submit applications for full registration with the Care Quality Commission ("CQC") between 4 and 29 January 2010 as the regulator takes the next steps towards a single regulatory system across both the public and independent health sectors.

    ]]>     Wed, 11 Nov 2009 00:00:00 GMT     <![CDATA[Health and Social Care Update - November 2009]]> Thu, 05 Nov 2009 00:00:00 GMT <![CDATA[Any Part 36 with your doner kebab?]]> Mon, 02 Nov 2009 00:00:00 GMT <![CDATA[Good news on interim payments]]> Mon, 02 Nov 2009 00:00:00 GMT <![CDATA[Injured and need care? – How to get it…]]> Fri, 30 Oct 2009 00:00:00 GMT <![CDATA[Assisted Suicide: A Step Towards a More Compassionate Law?]]>  & DPP Guidelines.]]> Tue, 06 Oct 2009 00:00:00 GMT <![CDATA[Claims Online - Are Coroners making patients safer]]> Not harming patients has been a key principle of professional medical practice for centuries.  The NHS does a great deal of good.  In England it is estimated to have contact with about a million people every 36 hours without causing harm to the vast majority.  Nevertheless, patient safety remains a concern.  So do Coroners have a role to play in making patients safer?

    ]]>     Tue, 06 Oct 2009 00:00:00 GMT     <![CDATA[Claims Online - Cases Update]]> Tue, 06 Oct 2009 00:00:00 GMT <![CDATA[Health and Social Care Update - October 2009]]> Tue, 06 Oct 2009 00:00:00 GMT <![CDATA[Service re-deemed?]]> Tue, 06 Oct 2009 00:00:00 GMT <![CDATA[SUIs – getting the FOIA disclosure balance right]]> Tue, 06 Oct 2009 00:00:00 GMT <![CDATA[The Coroners and Justice Bill]]> Tue, 06 Oct 2009 00:00:00 GMT <![CDATA[The NHS Constitution]]> Tue, 06 Oct 2009 00:00:00 GMT <![CDATA[Health and Social Care Update - September 2009]]>
    This update prepared by Claire Benltey contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Tue, 01 Sep 2009 00:00:00 GMT     <![CDATA[Claims Online - Bevan Brittan submissions to the Jackson Civil Litigation Costs Review]]> Tue, 18 Aug 2009 00:00:00 GMT <![CDATA[Claims Online - Cases update]]> Tue, 18 Aug 2009 00:00:00 GMT <![CDATA[Claims Online - Human Rights decision in Rabone v Pennine Care NHS Trust [2009]]]> The House of Lords decision of Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74 on 10 December 2008 left ambiguity regarding the application of Article 2 (ECHR) in relation to non-detained patients.

    ]]>     Tue, 18 Aug 2009 00:00:00 GMT     <![CDATA[Does Rabone reveal all?]]> Tue, 11 Aug 2009 00:00:00 GMT <![CDATA[Claims Online - Access to Justice – is the price too high to be just?]]> Thu, 30 Jul 2009 00:00:00 GMT <![CDATA[Claims Online - Cases Update]]> Thu, 30 Jul 2009 00:00:00 GMT <![CDATA[Claims Online - Claims arising from the misdiagnosis of breast cancer]]> Thu, 30 Jul 2009 00:00:00 GMT <![CDATA[Health & Social Care Update]]> Thu, 23 Jul 2009 00:00:00 GMT <![CDATA[Co-operation and Competition Panel – Dagenham Decision. Good News, But…….]]> Mon, 06 Jul 2009 00:00:00 GMT <![CDATA[Health and Social Care Update - July 2009]]> Wed, 01 Jul 2009 00:00:00 GMT <![CDATA[Hospital Car Parking charges – a bitter pill to swallow?]]> Mon, 22 Jun 2009 00:00:00 GMT <![CDATA[Stranger than fact]]> Mon, 22 Jun 2009 00:00:00 GMT <![CDATA[Baby P and The Care Quality Commission Report]]> The case of Baby Peter, a 17 month old boy, who died on 3 August 2007 after suffering a fracture/dislocation of the thoracolumbar spine, has shocked and appalled society.

    As a result of Baby Peter’s death, there have been a number of investigations and reports by bodies and individuals who have a connection with child safeguarding.

    This article summarises the main issues highlighted from the report by the Care Quality Commission into the health care of Baby Peter and sets out suggestions for managing safeguarding in the future.

    ]]>     Mon, 08 Jun 2009 00:00:00 GMT     <![CDATA[Can Community Treatment Orders be used effectively whilst there continues to be a shortage of Second Opinion Approved Doctors?]]> Mon, 08 Jun 2009 00:00:00 GMT <![CDATA[Community Treatment Orders, conditions and deprivation of liberty]]> Mon, 08 Jun 2009 00:00:00 GMT <![CDATA[FT Terms of Authorisation (CCP)]]> Mon, 08 Jun 2009 00:00:00 GMT <![CDATA[Inquests – Should the verdict stretch as wide as the Inquiry?]]> Mon, 08 Jun 2009 00:00:00 GMT <![CDATA[Ten years on from "Zero Tolerance"]]> Mon, 08 Jun 2009 00:00:00 GMT <![CDATA[Health and Social Care update]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

    ]]>     Wed, 03 Jun 2009 00:00:00 GMT     <![CDATA[Come in Part 36 your time is up!]]> Fri, 29 May 2009 00:00:00 GMT <![CDATA[Facebook: It’s my life…]]> Fri, 29 May 2009 00:00:00 GMT <![CDATA[Mr Whippey keeps his lolly]]> Fri, 29 May 2009 00:00:00 GMT <![CDATA[Health and social care update]]> This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month....

    ]]>     Wed, 06 May 2009 00:00:00 GMT     <![CDATA[Case updates]]> Thu, 30 Apr 2009 00:00:00 GMT <![CDATA[Interim Payments – An outbreak of common sense? Surely not…]]> Thu, 30 Apr 2009 00:00:00 GMT <![CDATA[Internet Defamation and the NHS Trust]]> Thu, 30 Apr 2009 00:00:00 GMT <![CDATA[“Airline Style” Patient Safety Checklist to be Introduced in the UK]]> Mon, 30 Mar 2009 00:00:00 GMT <![CDATA[Case updates]]> Nicola Pegg takes a look at recent case developments.
    ]]>     Mon, 30 Mar 2009 00:00:00 GMT     <![CDATA[Who Pays?]]> Mon, 30 Mar 2009 00:00:00 GMT <![CDATA[Health and social care update]]> Mon, 02 Mar 2009 00:00:00 GMT <![CDATA[Case updates]]> Mon, 23 Feb 2009 00:00:00 GMT <![CDATA[What price for justice?]]> Mon, 23 Feb 2009 00:00:00 GMT <![CDATA[“Yet we have gone on living, living and partly living.”*]]> Tue, 10 Feb 2009 00:00:00 GMT <![CDATA[Children’s Services – What to do?]]> Tue, 10 Feb 2009 00:00:00 GMT <![CDATA[Deprivation of liberty - what do you need to know?]]> ]]> Tue, 10 Feb 2009 00:00:00 GMT <![CDATA[Sharing information – access to health information of Individuals who are deceased]]> ]]> Tue, 10 Feb 2009 00:00:00 GMT <![CDATA[Health and social care update]]> Mon, 02 Feb 2009 00:00:00 GMT <![CDATA[Asbestos disease claims continue to be hard fought]]> Fri, 23 Jan 2009 00:00:00 GMT <![CDATA[CFA uplifts for a “Dead Cert”]]> Fri, 23 Jan 2009 00:00:00 GMT <![CDATA[Drugs, co-payments and PCTs decisions]]> Fri, 23 Jan 2009 00:00:00 GMT <![CDATA[Health and social care update]]> ]]> Mon, 05 Jan 2009 00:00:00 GMT <![CDATA[Case updates]]> Tue, 23 Dec 2008 00:00:00 GMT <![CDATA[Guidance on the temporary reduction of VAT]]> As of 1 December 2008 all new counsel fee notes should have VAT reduced to 15% as the tax point is the date of payment. Courtesy of Kingston Smith accountants please find a guide on the temporary VAT reduction to help you during the credit crunch!

    ]]>     Tue, 23 Dec 2008 00:00:00 GMT     <![CDATA[Human Rights Ruling from the House of Lords]]> Tue, 23 Dec 2008 00:00:00 GMT <![CDATA[Health and social care update]]> Mon, 01 Dec 2008 00:00:00 GMT <![CDATA[Case updates]]> Mon, 24 Nov 2008 00:00:00 GMT <![CDATA[Complaints - What NHS Trusts need to know]]> Sun, 23 Nov 2008 00:00:00 GMT <![CDATA[Erb's Palsy Alert]]> Sun, 23 Nov 2008 00:00:00 GMT <![CDATA[Health and social care update]]> ]]> Mon, 03 Nov 2008 00:00:00 GMT <![CDATA[Service with a Smile]]> Thu, 23 Oct 2008 00:00:00 GMT <![CDATA[Supporting staff dealing with violent patients]]> Thu, 23 Oct 2008 00:00:00 GMT <![CDATA[Health and social care update]]> ]]> Mon, 06 Oct 2008 00:00:00 GMT <![CDATA[Health and social care update]]> Mon, 01 Sep 2008 00:00:00 GMT <![CDATA[More advantageous - Part 36 rules? Lisa Carver v BAA Plc [2008] EWCA Civ 412]]> Sun, 01 Jun 2008 00:00:00 GMT