The following Corporate Q&A Produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:
The Care Quality Commission (CQC) has responsibility under the Health and Social Care Act 2008 (HSCA 2008) for regulating bodies, including partnerships, which are engaged in regulated activities (eg the provision of health and social care in England). HSCA 2008, s 20 confers powers on the Secretary of State to make regulations governing the powers of the CQC to register providers of regulated activities. HSCA 2008, s 20(3)(a) provides that the regulations may impose requirements that persons engaged in regulated activities are 'fit to carry on or manage a regulated activity'.
In 2014 the Health and Social Care Act 2008 (Regulated Activiti
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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