2011 06 Health Care

Friday 1 July 2011

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Malcolm Flasz & Ors (Claimants) v Havering PCT (Defendant) & Secretary of State for Health (Interested Party) : Karim Jan-Mohamed (Claimant) v Greenwich PCT (Defendant) & Secretary of State for Health (Interested Party) [2011] EWHC 1487 (Admin) (Nicol J) :In a challenge to agreements and arrangement under s 92 National Health Service Act 2006 the court held on refusing the application that although s 94(2) National Health Service Act 2006 did not oblige the secretary of state to give health authority bodies the right to withdraw from s.92 arrangements if they wished, it did not prevent him from doing so. The court held National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2010 were not ultra vires. Click here for transcript.

R (on the application of KM (By his mother and litigation friend JM)) v Cambridgeshire County Council [2011] EWCA Civ 682 (Sir Anthony May (President QB), Jackson LJ, Tomlinson LJ): On dismissing the appeal the Court of Appeal held that the local authority properly assessed the amount of a direct payment to be awarded to an individual in need of care pursuant to the Health and Social Care Act 2001 and it had given adequate and intelligible reasons for the payment that it had arrived at. Click here for transcript.

The Law Society has welcomed a House of Commons Health Committee report on complaints and litigation in the NHS, commenting it drives "coach and horses" through Government plans on litigation costs and legal aid. The Society has called on the Government to immediately postpone any introduction of changes to litigation and complaints within the NHS. See:


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