Our Health, Care & Regulatory Law Team's Lunchtime Education Webinars 2025

Thursday 27 November | 12:30 - 13:30

Where a person has suffered a catastrophic illness or injury, it can reach a point where the clinical team consider that, sadly, there is nothing further that can be done and the person is deceased. This can, understandably, be difficult for family and loved ones to contemplate – particularly where, with life-support, the person’s heart continues to beat and they appear to be breathing.

In those circumstances, there may be a dispute about whether the person has in fact died. Determining death is important – clinically, ethically and morally.

Is there, therefore, a legal definition of “death” – and what happens if this is disputed?

Join us for this session where Hannah Taylor will discuss the clinical and legal aspects of diagnosing death with:

• Dr Dale Gardiner an Intensive Care Consultant at Nottingham University Hospitals NHS Trust Chambers; and
• Victoria Butler-Cole KC of 39 Essex Chambers.

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Thursday 11 December | 12:30 - 13:30

Ben Lambert and Anna Lyp, specialists in healthcare regulatory proceedings in Bevan Brittan’s Health and Care Regulatory and Resolution team, will present on key issues surrounding the General Medical Council’s regulatory powers.

Ben and Anna will cover:

• the concept of ‘fitness to practise’; performance conduct and health cases
• GMC’s regulatory powers
• referrals and self-referrals to the GMC
• the stages and outcomes of a fitness to practise investigation.

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Thursday 13 February

Healthcare professionals are experts in assessing, diagnosis and treating healthcare conditions. Decision-making about treatment is multi-faceted – there are roles (and responsibilities) for the healthcare professionals and for the patient. How do healthcare professionals use their experience and expertise to decide clinically, what treatment to offer to the patient? From the offer, how is a decision taken as to which treatment will be provided?

In this session Parishil Patel KC from 39 Essex Chambers considered: 

• The two-stage process in decision-making about treatment:
  • The treatment offer(s)
  • Which treatment offer(s) to provide
• When to obtain a second opinion?
• What if the clinical decision as to what treatment is on offer is disputed?
• Article 2 obligations when making a clinical decision not to (continue to) offer a life-sustaining treatment.

Parishil Patel KC has extensive experience of:

• ECHR issues in domestic courts and advising on human rights in the policy context
• Advising and acting for and against public bodies in judicial review claims including claims brought challenging local and central government policy

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Thursday 13 March 

The Court of Protection make decisions on financial and welfare matters for people who cannot make decisions at the time that they need to be made.

Julia Jones was joined by Matthew Wyard from 3PB, who considered a variety of matters relating to deputyship and lasting powers of attorney for property and affairs, including:

• Applications to appoint attorneys and deputies
• Gifting - the rules
• What to do if there are concerns about a property and affairs deputy or attorney? 
• Responding to investigations by the Public Guardian
• Applications to remove attorneys and deputies. 

Matthew Wyard is a specialist public law barrister and undertakes the entire range of instructions in the Court of Protection. Much of his Court of Protection practice falls under its property and affairs jurisdiction.

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Thursday 3 April

The Court of Protection is an active jurisdiction – with many cases publishing judgments with important clarifications and expansions on the key principles within the Mental Capacity Act 2005.

Rhys Hadden from Serjeants’ Inn Chambers considered:

• Key case law and important updates from the past 12 months
• Any updates on the revisions to the Code of Practice to the Mental Capacity Act 2005

Rhys Hadden specialises in all matters relating to mental capacity and mental health.

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Wednesday 4 June

The Mental Capacity Act 2005 determines whether a person has the mental capacity to make decisions about their health and care, including whether to take medication.

Julia Jones was joined by Ian Brownhill from 39 Essex Chambers who considered:

• Capacity to make decisions as to medication
• Refusals of medication
• Covert medication
• Medication as a restriction

Ian Brownhill is one of the country’s leading specialists in mental capacity, medical treatment disputes and has a broad practice in public, human rights and regulatory law.

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Wednesday 26 June

Section 117 confers a statutory duty on local Integrated Care Boards and Local Authorities to provide aftercare services for individuals who have been detained and released from hospital under specific sections of the Mental Health Act 1983.

Anna Davies and Julia Jones presented on the key issues and complexities of Section 117 for children and young people, covering in particular:

• How Section 117 should be approached for under 18s
• Section 117 and out-of-area responsibility
• Managing disagreements between Local Authority’s and ICB’s (including a consideration of interim arrangements and dispute resolution processes)

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Thursday 24 July

Following the recent acquittal of an NHS Trust for Corporate Manslaughter, Claire Leonard, Stuart Marchant, and Nicky Williams, considered this criminal offence in the healthcare context. 

We covered in particular:

• A discussion of the North East London NHS Foundation Trust (NELFT) case
• Corporate Manslaughter investigations, a prosecutor’s perspective
• Defending Corporate Manslaughter prosecutions
• Potential implications for inquests, including the risk of an unlawful killing conclusion

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Thursday 18 September

An inquest is a fact finding investigation conducted by a Coroner into a death. It may be held with or without a jury depending on the circumstances. 

Sebastian Naughton of Serjeants’ Inn Chambers, presented an update on inquests covering in particular:

• Key case law and important updates from the past 12 months relating to inquests
• Any practical themes/issues to learn from the recent developments for inquest matters
• Managing the inter-relationship between inquests and civil negligence claims

Sebastian Naughton is a specialist in coronial law, clinical negligence and employment law. He acted on behalf of Derbyshire NHS Trust at the inquest into the death of Sobhia Khan.

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Thursday 9 October

Hannah Taylor was joined by Rhys Hadden from Serjeants’ Inn Chambers, who considered key case law and important updates from the past 12 months relating to Mental Health Act 1983.

Rhys Hadden specialises in all matters relating to mental capacity and mental health.

Recording Pending

Thursday 23 October

Julia Jones was joined by Anna Davies, who covered:

• The legal framework for determining the NHS commissioner
• Out of area placements- when is responsibility retained?
• Top tips for managing disputes

Anna is a specialist health partner at Bevan Brittan with extensive experience in respect of NHS governance and commissioning arrangements.

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