Bailey -v- MOD [2008] Ewca Civ 883
23/09/2008
Simon Lindsay on causation, material contributions and the limits of scientific proof.
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I am a partner in the Health, Care and Regulatory Law team, with a special interest in mental health and mental capacity law, as well as clinical negligence claims and inquests. We provide advice and support to health and social care organisations in relation to inquests, court of protection matters, challenges to treatment decisions, safeguarding concerns, complaints, health and safety and human rights issues.
'The support in the run-up to the inquest was impressively thorough. My colleagues and I felt well supported and my clear impression is that everyone involved in supporting us went out of their way to be helpful and considerate during this long and at times difficult process. Mr Lindsay was consistently and impressively outstanding in performance throughout the preparation for the inquest and during the inquest itself. He demonstrated in-depth knowledge of the case, impressive sensitivity to the needs of the team, he was available and flexible, including cancelling prior engagements in order to provide continuity of representation. I am very impressed with the quality of his work he is obviously a deeply experienced, caring and highly able professional – we were fortunate to have him on our team.'
He's a measured, sensible and reasonable lawyer with expertise managing client needs and the commercial challenges they face. He also has a good grip of the legal and factual issues in a case and is a pleasure to deal with.
Seminars
I regularly provide in-house talks on mental health law, HR issues, mental capacity & equality law for healthcare clients. I also run seminars on the treatment of children, especially regarding their mental and physical health.
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Community Treatment Orders, conditions and deprivation of liberty
08/06/2009
Long before Community Treatment Orders (CTO) came into force concerns were raised over possible infringements of human rights, in...
Assisted Suicide: A Step Towards a More Compassionate Law?
06/10/2009
A review of R (on the application of Purdy) v DPP (2009) UKHL 45 DPP Guidelines
Care Quality Commission - Registration And Mental Health Act Policies
09/02/2010
From 1st April 2010 all providers of assessment or medical treatment for persons detained under the Act will need to be registered...
Clarification of scope of section 117 services
12/08/2010
This article clarifies the meaning of section 117 and the scope of the aftercare services which authorities must provide.
Are your "Sharps" policies and procedures up to scratch?
09/02/2011
Over 1 million needlestick injuries are estimated to occur in the EU each year. These injuries are gaining increasing recognition...
Courts clarify responsibility of s.117 under MHA
02/03/2011
Courts Clarify who is the Responsible Authority for the Purposes of s.117 Aftercare under the Mental Health Act 1983.On 15...
Mental Health Patient to have a public Tribunal hearing
24/03/2011
To date mental health tribunal hearings in England have been held in private. Claire Bentley and Simon Lindsay report on the...
Good practice for local authorities and PCTs identified in the Steven...
13/06/2011
Simon Lindsay reviews the case of Steven Neary and the essential practice pointsidentified for PCTs and local authorities.
Must “private life” factors be considered in the allocation of scarce...
15/06/2011
The High Court has recently ruled in favour of a Primary Care Trust in relation to a decision concerning the allocation of scarce...
Identifying wrongful detention and what to do about it
15/06/2011
A common problem for mental health managers who have uncovered a procedural irregularity in a patient’s detention is in working...
Rabone – The Supreme Court Decision - How it will impact upon Inquests...
24/02/2012
The Supreme Court has delivered its long awaited judgment in the case of Rabone v Pennine Care NHS Foundation Trust. In summary,...
Mid Staffordshire NHS Inquiry Report - Key points: Clinical Governance
06/02/2013
The lessons learned and recommendations set out in the Francis report are clearly intended to have an impact outside Stafford...
DNAR: A matter of life and death
25/02/2013
Decisions not to attempt resuscitation can generate a great deal of controversy. This articlefocuses onthe competing tensions,...
No place for discrimination - the impact on the NHS of the ban on age...
25/02/2013
This article examines the legislative framework as well as setting out the questions and issues NHS organisations should ask...
Courting disaster: the litigation challenge for CCGs
21/03/2013
Courting disaster: the litigation challenge for CCGs
Francis for Clinical Commissioning Groups
21/03/2013
Of the 290 recommendations in the Francis Report into the Mid-Staffs inquiry, many would have an impact on the role of PCTs. With...
The hard work begins: The Government's initial response to the Francis...
27/03/2013
The Government has issued its initial response to the Francis Report of the Mid-Staffordshire NHS Foundation Trust Public Inquiry....
Under the microscope: a note on inquests and NHS Trusts
14/05/2013
Under the microscope: a note on inquests and NHS Trusts
Healthcare at the Sharp End
18/06/2013
11 May 2013 saw the implementation of the Health and Safety (Sharps Instruments in Healthcare) Regulations 2013. This article...
Interferences with Article 8: what justification?
18/10/2013
Interferences with patient's rights under Article 8 are an increasingly prevalent area of challenge in the mental health arena;...
The scope of the Court of Protection and potential judicial review...
12/02/2014
The scope of the Court of Protection and potential judicial review proceedings
The scope of the Court of Protection and potential judicial review...
12/02/2014
The scope of the Court of Protection and potential judicial review proceedings
The scope of the Court of Protection and potential judicial review...
12/02/2014
The scope of the Court of Protection and potential judicial review proceedings
The scope of the Court of Protection and potential judicial review...
12/02/2014
The scope of the Court of Protection and potential judicial review proceedings
Deprivation of liberty – What does the landmark judgment in Cheshire...
20/03/2014
The Supreme Courthanded down itslandmark judgment in the cases of P v Cheshire West and Chester Council; P & Q (aka MIG and...
Fire! Fire! I’m a patient, get me out of here!
09/06/2014
Fire! Fire! I’m a patient, get me out of here!
Violent and Aggressive Behaviour in People with Mental Health Problems...
12/10/2015
Claire Bentley and Simon Lindsay review the NICE guidance in relation to violent and aggressive behaviour in people with mental...
Time to clean up your act?
24/05/2016
The use of Chlorhexidine as a topical antiseptic pre-surgical skin preparation agent
Case Summary: South Staffordshire NHS FT and others v St George's...
22/09/2016
How the Hospital Managers review regime can and should operate
Commissioning and the Court of Protection - the Supreme Court's...
23/03/2017
The Supreme Court's judgment means that the risk of having funding decisions routinely challenged in the Court of Protection has...
M -v- A Hospital [2017] EWCOP 19 and NHS Trust -v- Y [2017] EWHC 2866...
17/11/2017
Court of Protection case summary
Dealing with abuse claims in a care setting
03/05/2019
The Paterson Inquiry – key recommendations
04/02/2020
Coronavirus Act 2020 - Changes for Mental Health
01/04/2020
What should your organisation be doing in preparation for the changes?
EU Settlement Scheme Deadline: What are your responsibilities to your...
10/06/2021
EU Settlement Scheme deadline: 30 June 2021
Simon Lindsay is a superb advocate, tackles difficult issues diplomatically and quickly helps to achieve early resolution. He is responsive and really easy to talk to about some of the more complex clinical issues that can arise.