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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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