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Results: 1-10 of 55

Quashing a decision on the basis of material error of fact

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 30 2010

In R (March) v Secretary of State for Health 2010 EWHC 765 (Admin), Mr Justice Holman in the High Court quashed on the grounds of material error of fact a decision by the Secretary of State concerning the level of ex gratia payments made to NHS patients treated with contaminated blood

Court clarifies when handcuffs should be used on prisoners or detained persons when in hospital

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • August 7 2012

The case of FGP v Serco (2012) EWHC 1804 (Admin) concerned the judicial review of Serco’s decision to use restraints on an individual during visits to Hillingdon Hospital

Fertility treatment for prisoners: the scope of human rights

  • RPC
  • -
  • United Kingdom
  • -
  • August 3 2011

A recent Freedom of Information request has revealed that since December 2007, 22 prisoners have applied to the Ministry of Justice for artificial insemination treatment

LSC refusal to provide legal aid to P’s brother in CoP proceedings upheld

  • Thirty Nine Essex Street
  • -
  • United Kingdom
  • -
  • October 1 2013

This decision is the first decision of which we are aware in which LSC (now LAA) refusal to fund a party to Court of Protection proceedings has been

Consent and capacity remain thorny issues for healthcare providers and commissioners

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • March 30 2012

The Court of Appeal ruling this month in the case of DL v A Local Authority 2012 has placed the issue of consent in the healthcare sector back into the public domain

When is it appropriate to suspend an employee or report a matter to the police?

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • March 27 2012

A recent case looked at how employers should deal with allegations of misconduct that could affect an employee's future career and when it is appropriate to suspend an employee, or involve the police

YL v Birmingham City Council

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • 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

Regulatory briefing - 2012 case round-up

  • 1 Chancery Lane
  • -
  • United Kingdom
  • -
  • November 6 2012

As 2012 draws to a close, Chambers’ Regulatory Group has selected its favourite regulatory cases of the year, illustrating a number of important principles

Preventing double recovery: payments by a local authority towards the care costs of a personal injury claimant are relevant when assessing loss

  • Kennedys Law LLP
  • -
  • United Kingdom
  • -
  • April 11 2007

The recent decision by the Court of Appeal in Andre Crofton v NHS Litigation Authority will be warmly welcomed by defendant insurers as it should significantly reduce their damages bill

NHS continuing care: Court of Appeal confirms that NHS is primary decision maker for individual cases

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • September 8 2008

The Court of Appeal has handed down an important judgment which confirms that decisions on eligibility for NHS continuing care are, in law, decisions for primary care trusts alone and are not joint decisions between the NHS and local authorities