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Briefing quick find:

Advance declarations to withdraw treatment

The recent case of An NHS Trust v D [2012] EWHC 885 (COP), has highlighted the problems of expressing advance wishes to end life-sustaining treatment, and has addressed the issue of the costs of the Official Solicitor. Facts This case concerned an…

More changes to vetting and barring

Ever since the POVA list was scrapped and the Independent Safeguarding Authority with its vetting and barring scheme was introduced, the system has been plagued with allegations that it is cumbersome, impractical and ineffective. In June 2010, the Government announced…

Healthcare Law Training

The lawyers at RadcliffesLeBrasseur specialise in healthcare. We are therefore able to apply the relevant law based on our practical experience of providing solutions to our clients’ problems. Our advice is based on a close understanding of the healthcare sector. As…

Once more unto the breach?

Has the value of contractual disciplinary procedures been diminished? Doctors and Dentists working in the NHS in England and Wales benefit from elaborate disciplinary procedures which are set out in Maintaining High Professional Standards in the Modern NHS [MHPS]. Those procedures…

DoLS : What constitutes deprivation of liberty?

The deprivation of liberty safeguards (“DOLS”) were intended to provide protection for individuals who were deprived of their liberty previously using the common law. These addressed what was known as the Bournewood gap. One of the difficult issues for those…

The GDC and Investigating Committee decisions

Although only the first stage of a GDC investigation, the Investigating Committee (IC) stage, is by no means the least important. The options open to ICs are varied and carry potentially very serious consequences. An IC referral to a Professional…

Health and Safety Executive intervention fees

Although it has been necessary to pay the costs of the Health and Safety Executive (HSE) previously in any successful prosecution, from as early as April 2012 it is proposed that the HSE will be able to charge businesses found to…

GP Commissioning – A Brave New World?

Consecutive governments have wrestled with the concept of a commissioner/provider model for delivering healthcare. Conceptually the provider part of this equation is easy to identify and set up. The difficulty has been working out how to establish and run a…

Conduct or some other substantial reason?

Can Employers use “Some Other Substantial Reason for Dismissal” to extinguish Employees’ contractual rights in conduct cases? In Ezsias v North Glamorgan NHS Trust [2011] UKEAT 0399 09 1803, the Employment Appeal Tribunal held that where the primary reason given for…