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01 September 2016
Issue: 7712 / Categories: Case law , Law digest , In Court
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Health

R (on the application of SSP Health Ltd) v Care Quality Commission [2016] EWHC 2086 (Admin), [2016] All ER (D) 51 (Aug)

The Administrative Court, on an application for judicial review regarding the defendant Care Quality Commission’s (CQC) refusal to vary a draft report on the claimant’s service provision and its refusal to review the rating, made a declaration that there was an obligation on the CQC to carry out an independent review of a decision made in response to comments in the factual accuracy comments log, on a request to do so by the inspected entity, if the ground of complaint was that a fact-finding maintained in the draft report was demonstrably wrong or misleading. To that extent, the application succeeded.

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MOVERS & SHAKERS

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

Global firm re-elects CEO for second term

Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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