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A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held

John Mayberry & Affifa Farrukh on the sweeping statutory powers of the Health Services Safety Investigation Body

The NHS’s safety watchdog may itself need watching. Writing in NLJ this week, John F Mayberry, criminal barrister at 2DRJ, and Affifa Farrukh, consultant physician, examine the sweeping powers granted to the Health Services Safety Investigation Body under the Health and Care Act 2022
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
The Public Accounts Committee (PAC) has urged the government to move towards a less adversarial system of clinical negligence, after the total cost to the NHS quadrupled within 20 years to an eye-watering £60bn
The NHS may be paying twice in clinical negligence claims as damages are calculated based on private healthcare packages but patients may go on to use the NHS for treatment, according to a National Audit Office (NAO) report last week
Sarah Moore & Harry Wilkinson shed light on the underutilised ‘black box’ of product liability claims
In this week's NLJ, Sarah Moore and Harry Wilkinson of Leigh Day spotlight the untapped evidentiary power of explanted medical devices in product liability claims
Amy Woolfson analyses the legal position of healthcare professionals who take part in climate activism
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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