Healthcare - March 2010

Welcome to the March edition of the Weightmans healthcare newsletter.

This edition covers data protection, inquests, healthcare litigation, construction law, commissioning, mental health, employment, ethics, commercial dispute resolution and commercial law. I hope that whatever your role in the NHS you will find something of interest here.

I am always keen to have your feedback on the healthcare newsletter and suggestions on how we might improve it. I am particularly keen to have your suggestions for future articles so please do let me have your comments.

Tony Yeaman, Partner, Head of Healthcare
tony.yeaman@weightmans.com

• Weightmans news
• Upcoming training
• Featured articles

Weightmans news

We were delighted to be appointed by the North West Collaborative Commercial Agency (NWCCA) to be on the panel in all nine lots for which we applied. We are on the panels for Healthcare Law, NHS Governance and Public Law, Primary Care Services, Mental Health Law, Employment Law, Contract and Commercial, Property, Construction and IT/e-commerce. This comes on the back of recent appointments by NHS Warwickshire, Wrightington, Wigan and Leigh NHS Foundation Trust and the hubs in the Midlands (HPC), London (LPP) and the South East Coast hub.

Weightmans has strengthened its offering in the South by recruiting Emma Galland to work alongside Kiran Bhogal and her team. The employment team in the North West has been boosted by the recruitment of Kevin McKenna.

Upcoming training

Claims forum
We are holding our ever popular claims forum for claims and complaints managers in the Manchester office on 16 March. To book a place, please e-mail Georgina Rowley at georgina.rowley@weightmans.com. The forum is a great networking event for those involved in complaints and claims, and we will be providing information and training on inquests, costs, data protection, complaints, to mention a few subjects. 

Healthcare events programme - Inquests & Incidents
There is a much greater need for a fuller and more in-depth understanding of the remit of the coroner in light of the Human Rights legislation and the proposed coronial reforms. 

This seminar will focus on the latest legal developments and the proposed reforms with an emphasis on practical guidance and tips from experienced litigators on key areas, including the overlap with serious untoward incidents and the use/disclosure of information gathered. 

The seminars will take place on the following dates at various venues:
11 March - Jurys Inn, Birmingham City Centre
18 March - Weightmans London office

For more information and to register your interest, see our event page.

Healthcare events programme - Mental Capacity Act
This seminar will consider the latest decisions and guidance about the Mental Capacity Act, as well as deal with the DoLS, where the first case has just been heard.  The seminars will take place on the following dates:

25 March - Weightmans Manchester office
22 April – Jurys Inn, Birmingham City Centre
28 April - Weightmans London office

For more information and to register your interest, see our event page.

Health and Safety essentials in the healthcare sector
This course has been specifically designed to help managers and supervisors understand their H&S responsibilities and implement safe working practices and procedures within areas under their control.  Taking place on 27 May 2010 in the India Buildings, Liverpool, this one day course aims to help delegates acquire an understanding of the statutory obligations placed on individuals and organisations by focussing on the key, non-clinical issues facing the healthcare sector. For further information, click here.

Proposed ‘mock trial’ seminar for the healthcare sector
Weightmans’ regulatory service is proposing to host an event later this year with a specific healthcare theme that will follow a case study of a fatality in a healthcare establishment.  The event  would consist of a one day workshop exploring, in a 'real' court environment, how evidence is gathered and how charges are brought against a healthcare trust.

If you would be interested in attending such a seminar or would like further information, please contact Nick Wilson at nick.wilson@weightmans.com.

Featured articles

Data Protection

The ICO’s powers increase! – Laura Hale reports on the Information Commissioner’s new power to issue assessment notices and reports that this will give his officers the ability to lawfully enter buildings in order to inspect documents and to interview staff who are data processors.

Inquests

Fit for a Jury? – Georgina Rowley considers the case of Lewis v HM Coroner for Mid and North Shropshire in which the Court of Appeal was asked to decide whether a coroner’s Article 2 duty to carry out a full investigation into a death in custody was properly met when matters that could have contributed to the death were not put before the jury.

A case law digest – Kiran Bhogal provides a summary of recent cases of interest to those dealing with coroner’s inquests.

Litigation

Bad news for the District General? – Richard Jolly discusses the surprising implications of the Court’s decision in Laura May v Lancashire Teaching Hospitals NHS Trust which highlights the difficulties faced by NHS trusts when juggling their increasingly scarce resources and the potential ramifications of resource based decision making.

Construction Law

I’m not an expert, get me out of here! – Paul Donnelly offers advice to those facing construction disputes. In our first construction article Paul tells you how identifying the nature of your witnesses at the outset, may help the course of your litigation run smoothly.

Commissioning

A revised framework for Continuing Care – A brief “newsflash” on the recently published amendments to the national framework for Continuing Care.

Issue in Haste Repent at Leisure – Georgina Rowley reports on the case of R (S) v Hampshire County Council, where she comments that the case acts as a reminder to those claimants involved in commissioning disputes with public bodies, that judicial review proceedings really are a remedy of last resort.

Mental Health

Harder to get? - David Hewitt examines the case of Johnston v the Chief Constable of Merseyside and comments that those seeking to bring claims under the Mental Health Act now have a bigger hurdle to clear as the case suggests that they must prove that their claim has a real prospect of success.

Employment Law

When is a contract not a contract? – Mari Griffith from our employment law team reports on the case of Shrewsbury and Telford Hospital NHS Trust v Lairikyengbam where a locum consultant sought damages for unfair dismissal although his contract was ultra vires, as he had not been appointed in accordance with the requirements of the Appointment of Consultants Regulations 1996. The Employment Appeals Tribunal decided in this case that, although the contract was void at law, the appellant could recover damages under the Employment Rights Act.

Human Rights

The Law doesn’t always recognise transsexuals - David Hewitt’s article on the decision in R (AB) v Secretary of State for Justice and the Governor of Manchester Prison where a prisoner’s right to be treated as a woman and to be accommodated in a women’s prison where she held a gender recognition certificate was confirmed by the High Court. David asks whether the decision should really be hailed as a victory for the recognition of the Article 8 rights of transsexuals who have yet to undergo gender realignment surgery.

Commercial Dispute Resolution

Bad news for business debtors - Sarah O’Driscoll from Weightmans' Commercial Dispute Resolution team provides a full case report on Fitzroy Robinson Ltd v Mentmore Towers Ltd a case concerning the amount to be awarded for late payment of a commercial debt.

Commercial Law

Remaining compliant - Lynne Rathbone undertakes a whistle stop tour of the new Monitor Compliance Framework which will be introduced in April this year and sets out its implications for NHS Foundation Trusts.