National Health Service

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Affifa Farrukh & John F Mayberry examine whether clinicians & expert witnesses are always as qualified as they appear

Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group

Patients are being kept in the dark about their right to independent complaints, reports Charles Davey

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

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MOVERS & SHAKERS

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Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS

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NLJ this week: Company conspiracy clarified

A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes

NLJ this week: Home is where intent lies

The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims

NLJ this week: Farewell to Chancery

The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary

NLJ this week: Silence carries a price

The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself

NLJ this week: Costs sting after a courtroom gamble

Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate

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National Health Service

MOVERS & SHAKERS

Walkers—Muriel Marseille

Excello Law—John Osborne

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths