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New criminal sanctions: will they generate the cultural change required for a safer NHS? Examining the Government’s initial response to the Francis Report

Mills & Reeve LLP
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United Kingdom
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May 2 2013

The Government has accepted some, but not all, of the recommendations made by Robert Francis QC to introduce new criminal law sanctions. While the

Withholding redundancy payments and unreasonable refusals of suitable alternative employment

Mills & Reeve LLP
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United Kingdom
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March 8 2013

In the case of Readman v Devon PCT, Mrs Readman worked for the respondent PCT from 1985 to 2008 in community based nursing. She was ultimately

Dismissals for breakdown in working relationships

Mills & Reeve LLP
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United Kingdom
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August 7 2012

In a decision handed down on 19 July 2012 in the case of Sian Kerslake v North West London Hopsitals NHS, the High Court held that a Trust could proceed with an internal hearing to consider if a consultant should be dismissed for “some other substantial reason” (SOSR) where it was alleged that there had been a breakdown in the working relationship

Dismissing employees following rejection of re-banding and pay protection

Mills & Reeve LLP
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United Kingdom
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March 8 2013

The case of Sandford & Anor v Newcastle Upon Tyne Hospitals NHS Foundation Trust followed a decision by an NHS trust to re-band 22 employees

Limitation and abuse of process

Mills & Reeve LLP
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United Kingdom
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June 12 2008

Where a claimant begins a defective personal injury or clinical negligence claim within the three year limitation period, and then issues a second action outside that period which remedies the original defect, the court has a discretion under s33 Limitation Act 1980 to extend the limitation period (Horton v Sadler, in which the House of Lords departed from its previous decision in Walkley v Precision Forgings Ltd

Coroner breaches duty to send post mortem report to family

Mills & Reeve LLP
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United Kingdom
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December 10 2010

On the 17 November 2010, a Judicial Review case, R (on the Application of McLeish) v Her Majesty's Coroner for the Northern District of Greater London (2010) was heard

YL v Birmingham City Council

Mills & Reeve LLP
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United Kingdom
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June 30 2007

A care home, when providing accommodation and care to a resident pursuant to arrangements made with a local authority, is not performing “functions of a public nature” for the purposes of s6(3)(b) of the Human Rights Act 1998 (HRA) and is thus in that respect not a “public authority” obliged to act compatibly with Convention rights under s6(1) of that Act

Court decides anorexic woman should be force fed

Mills & Reeve LLP
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United Kingdom
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July 11 2012

In the case of A Local Authority v E (2012), the Court of Protection decided that E, a 32-year-old anorexic woman, should be force-fed

Overturning dismissals in internal appeal hearings

Mills & Reeve LLP
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United Kingdom
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February 4 2013

In the case of Piper v Maidstone & Tunbridge NHS Trust, the NHS trust employer dismissed the claimant, who had been employed as a chaplain, for gross

Rampton smoke-free policy doesn’t breach human rights

Mills & Reeve LLP
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United Kingdom
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June 19 2008

On 20 May 2008, the High Court handed down judgment in several cases that sought to challenge both the smoke-free policy at Rampton High Secure Hospital (part of Nottinghamshire Healthcare NHS Trust “the Trust”) and legislation (Regulation 10 (3) of the Smoke Free (Exemption & Vehicles) Regulations 2007) which only allowed a temporary exemption for smoking rooms in psychiatric hospitals, ending on 1 July 2008

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Search results

New criminal sanctions: will they generate the cultural change required for a safer NHS? Examining the Government’s initial response to the Francis Report

Withholding redundancy payments and unreasonable refusals of suitable alternative employment

Dismissals for breakdown in working relationships

Dismissing employees following rejection of re-banding and pay protection

Limitation and abuse of process

Coroner breaches duty to send post mortem report to family

YL v Birmingham City Council

Court decides anorexic woman should be force fed

Overturning dismissals in internal appeal hearings

Rampton smoke-free policy doesn’t breach human rights

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