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15 May 2015
Issue: 7652 / Categories: Case law , Law digest , In Court
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NHS

R (on the application of Whapples) v Birmingham Crosscity Clinical Commissioning Group [2015] EWCA Civ 435, [2015] All ER (D) 245 (Apr)

The claimant appealed against the judge’s decision, refusing her application for judicial review of the defendant clinical commissioning group’s refusal to pay for a private flat in which she would receive NHS continuing healthcare. The Court of Appeal, Civil Division, in dismissing the appeal, held that the National Framework for NHS Continuing Healthcare and NHS-Funded Nursing Care 2012 did not, in circumstances where a patient was receiving NHS continuing healthcare in his own home, generally contemplate that the NHS would be responsible for defraying the costs of that accommodation. Accordingly, the judge had correctly concluded that the framework had not dictated the outcome sought by the claimant.

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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
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
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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