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18 September 2009
Categories: Opinion , Risk management , Personal injury , Community care
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Back with a vengeance?

Although swine flu has temporarily abated, the current medical wisdom is that it will re-emerge with a vengeance in the autumn of this year. If it does or in the event of an alternative pandemic outbreak, there is a possibility that demand for critical care services will swamp capacity.

At this point, inception of a triage system is likely to be required, as suggested in the Department of Health’s own pandemic flu guidance.

Triage will operate both to determine who should be admitted to critical care facilities and who should remain in those facilities. This poses stark ethical problems, already the subject of discussion by the Committee on the Ethical Aspects of Pandemic Influenza (CEAPI), set up by the Department of Health.

Allocating resources

The English courts have long recognised that health bodies are required to make difficult decisions about the allocation of scarce resources: see, for instance, R v Cambridge Health Authority ex parte B [1995] 2 All ER 129, [1995] 1 WLR 898.

However, as far as we are aware, they have

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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