City chambers acts in key NHS case
In an important test case the Court of Appeal has supported the lawfulness of the NHS making decisions about which patients are entitled to NHS funded treatment on the basis of their clinical factors alone.
David Lock QC of No5 chambers, instructed by Mills & Reeve, acted for NHS North Staffordshire in this important case.
The Court of Appeal was giving judgment in a claim brought by Mr Tom Condliff who had been refused NHS funding for gastric by-pass surgery which may have assisted him to lose weight. Mr Condliff has a range of other medical problems including diabetes and sought this treatment in addition to the medical care he got for his other illnesses.
The local NHS body, NHS North Staffordshire, along with many other NHS bodies, had a policy of only routinely funding gastric by-pass surgery for patients with a body mass index of over 50. Mr Condliff had a BMI of 43.
His legal team accepted that this was a lawful policy but argued that, in deciding whether to make an exception to that policy, the PCT was required to take account of Mr Condliff’s non-clinical social circumstances. It also argued that failure to so do would be an infringement of his human rights.
The Court of Appeal decided that allocating medical treatment on the basis of presenting medical circumstances alone was a fair way to decide who got NHS treatment. The court also decided that human rights law did not require the PCT to take account of patients’ non-clinical, social circumstances in making these difficult decisions.
Mike O’Brien, QC, a barrister at No5 chambers, who practises in healthcare law, was Minister of State for Health until May 2010. He welcomed the judgment saying: “These are difficult issues, but the court has made a well reasoned and sensible decision. It is important NHS bodies can make decisions about who should get NHS funded treatment under a fair and predictable system.
“Permitting patients to seek to influence treatment allocation decisions by introducing non-clinical factors would be potentially discriminatory, would be arbitrary and would cut across the important principle for the NHS that patients presenting the same clinical symptoms should be offered the same treatment.
“This judgment shows that the Human Rights Act 1998 supports rational decision making by public bodies and does not undermine it”
Firm sets up debt recovery business
A Leamington Spa law firm is taking a leap into a new market with its own debt recovery business.
Wright Hassall has launched Quantum Debt Recovery, a specialist in debt collection and purchasing that will operate as a separate business while remaining wholly owned by Wright Hassall.
Quantum is a full service debt recovery business that will tailor its strategy – based on experience, state of the art systems and analysis – to each individual portfolio recommending the most effective solutions.
Phil Wilding, an executive director with over 13 years’ experience serving the finance industry joined Wright Hassall at the start of 2011 to develop the debt recovery service that Wright Hassall provides.
He said: “Wright Hassall is a well-known law firm with a good reputation and has been ranked as a leader in debt recovery in the Midlands for a number of years.
“Through Quantum, we have the opportunity to build a nationally recognised debt collection offering.
“With my knowledge of what a debt collection agency does combined with the litigation and portfolio management expertise already here we can maximise the offering to clients within the financial services sector, principally banks.
“At account level, you need to know which technique will deliver the best results and be flexible with your collection strategies. Traditionally debt recovery teams within law firms have not taken this approach.
“Quantum is different – with people who have worked in the credit management industry for many years, we understand how best to get results.”
Energy head appointed
The Birmingham office of Midland law firm Freeth Cartwright has appointed renewables advisory expert Catherine Burke to head up its local energy practice.
She joins from Birmingham law firm Martineau, where she was a partner and head of renewable energy, advising on licence compliance, energy supply contracts, balancing services for National Grid, energy trading and renewable energy projects, particularly onshore wind and solar.
Ms Burke has over a decade of experience in the region, including a spell at Transco - now National Grid Gas – and four years at the Birmingham office of law firm DLA.
Complementing the work of Freeth Cartwright’s energy team nationally, Ms Burke will be giving particular focus to renewable electricity and heat supported through the feed-in tariff and renewable heat incentive schemes.
She will also be advising on Green Deal energy efficiency, power purchase agreements, energy licence compliance as well as climate change policies and law.
Freeth Cartwright’s Birmingham managing partner Richard Beverley said: “Catherine’s appointment is designed to strengthen the firm further at a time when advice on energy supply and climate change are key requirements for many of our clients. Catherine has an excellent reputation in the profession and has the skills and knowledge to be an outstanding asset to the local office as well as to the firm’s wider Midlands base.”
Lawyer wins accreditation
The skills of a Walsall lawyer have been recognised by family law group Resolution.
Andrew Hunt, family lawyer at law firm Addison O’Hare, has recently gained Resolution Accredited Specialist Status.
Resolution is an association of over 5,500 members who are committed to promoting a non-confrontational atmosphere in which family law matters are dealt with in a sensitive, constructive and cost effective way.
It sets high standards of good practice in family law and runs an accreditation scheme for specialist family lawyers.
Mr Hunt passed his examinations in advanced financial provision and children law and private law to gain his specialist status under the Resolution scheme.
Originally set up in 1999, the scheme is designed to help people who are facing family breakdown to make an informed choice when deciding which lawyer to appoint.
To become a Resolution Accredited Specialist, Lawyers have to agree to uphold the Resolution Code of Practice and pass a written test demonstrating a breadth of knowledge of family law issues and specialist knowledge in at least two areas of family law.
Mr Hunt said: “As a Resolution member I am committed to encouraging a non-confrontational approach to resolving family disputes. That way, both the emotional and financial costs of divorce or family breakdown are minimised for those involved.”
The Birmingham office of international law firm Eversheds opened its doors to clients at a Summer Jazz Party.
Clients and guests enjoyed an evening of drinks and canapés with music supplied by jazz swing band King Pleasure & the Biscuit Boys.
Senior office partner David Beswick said: “The last 12 months have been very strong for Eversheds Birmingham despite the current economic conditions and this is thanks to our clients and contacts. It is with great pleasure that we hosted an evening where we can thank our clients and contacts and wish them continued success in the next 12 months.”
