Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’

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UK Human Rights Blog, 10th April 2015

Source: www.ukhumanrightsblog.com

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Supreme Court to rule on illegal pollution levels – The Independent

Posted April 14th, 2015 in appeals, environmental protection, health, news, pollution, Supreme Court by sally

‘A Supreme Court ruling this week could finally force the Government to drastically speed up its plans to deal with dangerous levels of air pollution, as a long-running battle over illegal levels of nitrogen dioxide comes to a head.’

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The Independent, 12th April 2015

Source: www.independent.co.uk

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Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

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Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

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Access to justice a greater concern than free healthcare – poll – The Guardian

‘The public is more concerned about access to justice than free healthcare, according to a poll commissioned by lawyers campaigning to reverse cuts to legal aid.’

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The Guardian, 13th April 2015

Source: www.guardian.co.uk

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No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

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Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

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On the Road Again – Nearly Legal

‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

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Yarl’s Wood migrant ‘can sue government over prescribed drug’ – BBC News

‘A migrant who claims her psychosis was triggered by medication given to her at Yarl’s Wood Immigration Removal Centre is to be allowed to sue the government.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

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Health and Social Care (Safety and Quality) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in health, legislation, social services by sally

Health and Social Care (Safety and Quality) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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Health Service Commissioner for England (Complaint Handling) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in complaints, health, legislation by sally

Health Service Commissioner for England (Complaint Handling) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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Herbal doctors will not be regulated, despite pleas from Prince Charles – Daily Telegraph

Posted March 30th, 2015 in charities, health, medical treatment, news, regulations, royal family by sally

‘Despite lobbying from Prince Charles, health officials have decided there is not enough evidence herbal medicines work to justify regulating the ancient practices.’

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Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

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Cathedral sues NHS after worshipper tripped and injured foot – Daily Telegraph

Posted March 30th, 2015 in Church of England, doctors, health, negligence, news, personal injuries by sally

‘Lawyers claim injury was much worse than it would have been with appropriate treatment.’

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Daily Telegraph, 28th March 2015

Source: www.telegraph.co.uk

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Care Quality Commission scraps ‘judgmental’ GP practice bandings – The Guardian

Posted March 30th, 2015 in doctors, health, news, regulations by sally

‘The NHS regulator has abandoned its system of bandings for GP practices, after criticism from doctors’ representatives.’

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The Guardian, 27th March 2015

Source: www.guardian.co.uk

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Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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NIHL: Disease or Injury and Does it Really Matter? – Zenith PI Blog

‘A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease.’

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Zenith PI Blog, 24th March 2015

Source: www.zenithpi.wordpress.com

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The Care Act 2014: Overview – Thirty Nine Essex Street

Posted March 20th, 2015 in carers, community care, health, local government, news, social services by sally

‘The Care Act adopts and implements many of the recommendations of the Law Commission on Adult Social Care (published 11 May 2011). It is the largest single piece of community care legislation since the great Beveridge reforms of 1948, sweeping away and re-codifying more than 50 years worth of law and policy.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Do not resuscitate order not to blame for patient death, coroner rules – The Guardian

Posted March 19th, 2015 in health, hospital orders, inquests, negligence, news by sally

‘A great-grandfather who died after hospital staff decided without consultation that he should not be resuscitated was not neglected because medics were following guidelines, a coroner has concluded.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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New Compulsory System for Obtaining Medical Report in Whiplash Claims is on the Starting Blocks. Are You Ready for it? – Zenith PI Blog

Posted March 18th, 2015 in expert witnesses, health, news, personal injuries, reports, road traffic by sally

‘MedCo Registration Solutions’ is the new compulsory system for sourcing medical reports in soft tissue injury claims brought under the PAP for low value PI claims in RTAs.

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Zenith PI Blog, 17th March 2015

Source: www.zenithpi.wordpress.com

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Health system could benefit from greater pharmacist input if legal challenges can be addressed, says expert – OUT-LAW.com

Posted March 18th, 2015 in doctors, health, news, pharmacists by sally

‘The health system in England could benefit if plans to involve pharmacists more in delivering treatments and care in GP surgeries are implemented, an expert has said.’

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OUT-LAW.com, 17th March 2015

Source: www.out-law.com

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Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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The Review by Robert Francis QC into Whistleblowing in the NHS – Littleton Chambers

Posted March 17th, 2015 in health, hospitals, news, reports, whistleblowers by sally

‘The Enterprise and Regulatory Reform Act 2013 (“ERRA”) introduced the first major legislative changes to the whistleblowing provisions in the Employment Rights Act introduced by the Public Interest Disclosure Act 1998. Those provisions afford remedies to workers who are subjected to a detriment or dismissed for making ‘protected disclosures’ of ‘relevant failures’.’

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Littleton Chambers, 13th February 2015

Source: www.littletonchambers.com

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