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NEWS
The Patient Safety Commissioner (PSC) has published an Impact Paper reviewing the first three years of the PSC. In this paper, the PSC calls for continued integration of patient voice in digital transformation, prevention strategies, and AI deployment in healthcare. The creation of the PSC role was as a result of the 2020 Cumberlege Report. Professor Henrietta Hughes was appointed to the role in 2022. In the three years since, the PSC developed and promoted the Patient Safety Principles which were published in 2024 and have been widely adopted. In addition to other achievements, the PSC also provided contributed to major inquiries and reviews, including the Infected Blood Inquiry and the Hughes Report, which outlines a blueprint for redress for those harmed by valproate and pelvic mesh.
NEWS
The Patient Safety Commissioner (PSC) has published its Patient Safety Principles. Following a public consultation which garnered over 800 responses, PSC has developed the Patient Safety Principles, a framework for healthcare providers to guide decision-making, planning and collaboration between healthcare professionals and patients. The seven principles includes creating a culture of safety, putting patients at the heart of everything, treating people equitably, identifying and acting on inequalities, identifying and mitigating risks and being transparent and accountable.
NEWS
Public Law analysis: This decision clarifies the scope of the positive obligations arising under Article 3 of the European Convention on Human Rights (ECHR) where alleged degrading treatment occurs in an NHS setting. Although the court accepted that the claimant’s treatment arguably crossed the Article 3 threshold, it held that neither NHS England nor the Secretary of State had breached any systems, operational or procedural duty because those obligations must be assessed by reference to the specific responsibilities of the public authority concerned. The judgment reinforces the importance of identifying the correct defendant, confirms that NHS trusts may conduct sufficiently independent investigations, and highlights the significance of existing investigative and remedial mechanisms when assessing Article 3 compliance. Produced in partnership with Kyran Kanda of St Philips Chambers.
NEWS
Law360, London: Four suspects charged with fraud over the collapse of the company behind Patisserie Valerie made their first court appearance on 10 October 2023 in the Serious Fraud Office's (SFO) prosecution over a £10m (US$12.5m) black hole in the high street bakery chain's accounts.
NEWS
Restructuring & Insolvency analysis: This case involved the appeal of the dismissal of an application for summary judgment brought by joint liquidators in the context of a claim for contribution from a director of a company in creditors’ voluntary liquidation (CVL), for alleged wrongful trading pursuant to section 214 of the Insolvency Act 1986 (IA 1986). In dismissing the appeal and upholding the decision of Chief ICC Judge Briggs, the court referred to the highly fact-sensitive nature of the IA 1986, s 214 cause of action, which it ultimately found made the case unsuitable for summary disposal. The judge also dismissed an argument that previous findings made by the First-tier Tribunal Tax Chamber (FTT) that the respondent had knowledge that the company was involved with transactions connected with MTIC fraud were determinative of the IA 1986, s 214 claim, since (a) the burden of proof remained upon the joint liquidators to prove each constituent element of the cause of action (including disproving the statutory defence) and (b) it remains arguable that the rule in Hollington v Hewthorn meant that the findings are inadmissible in subsequent proceedings. Written by Maxwell Myers, barrister at Selborne Chambers.
NEWS
MLex: The pause in global bribery investigations by the US could lead to the UK and Europe being able to ‘expedite’ cases, a senior official at the Serious Fraud Office (SFO) said on 26 March 2025. Separately, the SFO is set to release revised guidance next month setting out the parameters for companies reporting wrongdoing. ‘Our guidance on that hasn’t been clear’, Jason Williams said.
PRACTICE NOTES
Any structure that lies either over or under any ‘highway’ or ‘street’ is a projection. As well as public highways, the definition of ‘street’ includes most private streets. Sections 176–180 of the Highways Act 1980 (HiA 1980) specify which projections require licences. There is a distinction in the treatment of projections that are above and below the surface. Bridges, buildings, rails, beams, etc over ‘highways’ and cellars under ‘streets’ (including pavement lights and ventilators) are specified. While projections over the highway are mainly of relevance to the provision of head room for the passage of traffic on public highways, the vital issues in respect of structures below are safe support of the soil above coupled with the need to provide a sufficient depth of soil (specifically 1.2 m) for the running of services. New licences are only granted for developments that have already received planning permission. Licences are required for: • vaults and cellars below a street • pavement lights and smoke ventilators in a street • bridges over the highway • major (habitable)
NEWS
Property analysis: The Court of Appeal held that paving alone can constitute sufficient factual possession, for the purposes of an adverse possession claim, but it depends on the facts of each case. The nature of the land—here an open forecourt—is key.
GLOSSARY
A pay as you earn system under which employers or pension providers make certain deductions from an employee’s or pensioner’s income including for liability to income tax and insurance-contributions-'>National Insurance contributions.
GLOSSARY
A notice given under section 111(3) of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) by a payer (or specified person) to the payee if the payer intends to pay less than the sum notified as due.
NEWS
Construction analysis: The case has clarified some of the remaining conflicts between the Housing Grants Construction and Regeneration Act 1996 (as amended) and the Arbitration Act 1996 (AA 1996) in quite sweeping terms. The judge would not stay the summary judgment enforcement proceedings in order that the dispute which had been adjudicated could be referred to arbitration. After refusing the stay the judge then enforced the adjudicator’s decision for payment of despite a set of arguments against enforcement and against the background of a finding that the wrong adjudication rules had been applied by all concerned. Written by James Davison, barrister at 3PB Barristers.
NEWS
Ireland Employment analysis: This article, written by Niamh Fennelly, of counsel at Arthur Cox LLP (Employment), notes that the European Commission has published updated EU-wide guidance on gender-neutral job evaluation and classification ahead of the EU Pay Transparency Directive’s transposition in Ireland, which is due by 7 June 2026 and is expected to be implemented on a phased basis. It indicates that early implementation is likely to focus on pre-employment pay transparency (including providing pay ranges in advance and banning pay history questions), with the more complex ‘work of equal value’ requirements expected to follow later, supported by national tools and employer workshops.