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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

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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