The Legal 500

Capsticks

1 ST GEORGE'S ROAD, LONDON, SW19 4DR, ENGLAND
Tel:
Work 020 8780 2211
Fax:
Fax 020 8780 1141
DX:
300118 WIMBLEDON CENTRAL
Web:
www.capsticks.com
Email:
London, Leeds, Birmingham

What we say about the firm's legal practice in London

Crime, fraud and licensing

Within Fraud: civil , tier 5

Capsticks has recently been appointed by NHS Counter Fraud as the sole national provider of counter fraud legal services to NHS bodies seeking civil recovery. Daniel Purcell’s team has ‘immense’ knowledge of the healthcare sector.

Dispute resolution

Within Defamation and privacy Defamation and privacy

Within Professional discipline, Capsticks is a first tier firm,

The ‘leading’ team at Capsticks has a ‘well-deserved reputation for excellence’, and is praised for its good, up-to-date knowledge of regulatory law and issues’. Headed by John Witt, the five-partner team has ‘a wealth of experience’ in the healthcare sector, acting for five out of the nine healthcare regulatory bodies in the UK. Clients include the General Dental Council, the Nursing and Midwifery Council, the General Chiropractic Council, the General Optical Council, the General Social Care Council, the General Pharmaceutical Council and the Solicitors Regulation Authority. Key individuals include the ‘excellent Mark Whiting; and Peter Steel, who is ‘able to produce top-quality work within tight deadlines’. Also recommended are Daniel Purcell, Annie Sorbie, Jane Barker, and the ‘conscientious’ Shaun O’Malley.

Human resources

Within Employment, tier 7

Specialist healthcare firm Capsticks advises the Department of Health, NHS entities and PCTs in high-profile litigation, and is assisting in developing the legal framework for the NHS reforms. Recent cases include Woodcock v Cumbria PCT; Sarkar v West London Mental Health NHS Trust (relating to dismissal procedures); and Tapere v SLAM (relating to TUPE). Peter Edwards is ‘very knowledgeable’;Martin Hamilton and Tina Elliott are ‘absolutely top rate’; and Andrew Rowland is ‘measured and knowledgeable’.

Insurance

Within Clinical negligence: claimant Leading individuals

Within Clinical negligence: defendant , Capsticks is a first tier firm,

Among ‘the best firms to deal with’, Capsticks’ team is ‘very competent and user friendly’, and is headed by Peter Marquand. Majid Hassan, Robert Wilson and the ‘professional, courteous and approachablePhilip Hatherall are also recommended. The team successfully defended Kingston Hospital NHS Trust against a catastrophic brain damage claim.

Projects, energy and natural resources

Within Private finance initiative (PFI) , tier 6

Capsticksadds value to a deal through its unequalled knowledge of the health industry’. In 2010, the firm was busy advising health sector clients on variations to PFI arrangements, as well as handling new NHS LIFT schemes.

Public sector

Within Administrative and public law, tier 5

The best niche law firm in healthcare’, Capsticks has experience in NHS governance, consultation, procurement, and reconfiguration matters. The ‘expert team’ is advising on the reorganisation of NHS bodies following the pending abolition of PCTs, and is advising the South Central Strategic Health Authority on the fluoridation of water case. David Mason is ‘one of the most competent lawyers for service improvement in healthcare’, and Gerard Hanratty is also recommended.

Within Healthcare, Capsticks is a first tier firm,

The highly regarded practice at Capsticks is ‘willing to go the extra mile’, and in 2010 dealt with a number of public sector reorganisations and redevelopments, including advising Wandsworth PCT on the transfer of its £93m community services business and its £15m support services business. Peter Edwards’ team, which acts out of the firm’s Birmingham and London offices, is also at the forefront of policy development, and assisted NHS London with the preparation of guidance for PCTs, GPs and hospital commissioners. Primary care head James Reynolds, Colin Lynch, John Witt, Alison Morley and Gary Hay are recommended.

Within Overview,

The healthcare sector is set for substantial reform once the Health and Social Care Bill is fully implemented. Firms are already experiencing an increased workload relating to GP consortia and outsourcing agreements. Capsticks is the top legal adviser to the NHS, although other firms may benefit from a shift towards private sector provision in the area.

Real estate

Within Commercial property, tier 7

Capsticks provides ‘timely, sound advice’ to its mainly NHS healthcare client base. It advised City and Hackney Teaching Primary Care Trust on developing a GP health centre under LIFT, and associated property work. Philip Brown heads the team.


Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • HOUSING

    In Nzinga Maswaku v Westminster City Council [2012] EWCA Civ 669 the Court of Appeal clarified that in offering a homeless person with alternative temporary accommodation the local authority is obliged to point that if the offer is refused it has discharged its Part VII duties under the Housing Act 1996.
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  • COUNCIL TAX

    In Harrow LBC v Ayiku [2012] EWHC 1200 (Admin) Sales J held that the word “or” in the Council Tax (Exempt Dwellings) Order 1992, art 3 Class N, had a disjunctive meaning, therefore it was sufficient for the non-British spouse of a foreign student to satisfy one or other of the two conditions, namely being prevented from taking paid employment or being prevented from claiming benefits, in order to qualify as a “relevant person” who was exempted from liability to pay council tax.
    - 11KBW
  • QUEEN’S SPEECH

    Bills already introduced pursuant to the Queen’s Speech on 9 May 2012 include Local Government Finance Bill and Electoral Registration and Administration Bill, both accompanied by Explanatory Notes, which in each case address ECHR compatibility.
    - 11KBW
  • Standards

    In R (Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin) Mr Calver was a member of Manorbier Community Council who successfully challenged the decision of the Panel to dismiss his appeal against a decision by Prembrokeshire County Council Standards Committee censuring him for a number of comments or blogs posted by him on a website he owned and controlled.
    - 11KBW
  • A justified retrospective

    Clive Sheldon - QC debates the pros & cons of retrospective tax legislation
    - 11KBW
  • Public Sector Equality Duty (“PSED”)

    In R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496 the Court of Appeal held that the Council had had “due regard to the PSED when making changes to its funding of community legal advice services”. At para 30 Elias LJ said:
    - 11KBW
  • Public Sector Equality Duty

    Surrey County Council conducted a review of its Library Service. This culminated in a Report to the Council’s Cabinet. The Recommendations in the Report included that there should be consultation about a community-partnership approach at selected Libraries.
    - 11KBW
  • Judicial Review

    The Judgment of Lindblom J in The Manydown Co Ltd v Basingstoke and Deane BC [2012] EWHC 977 (Admin) repays attention. The Claimant sought to challenge by judicial review 2 decisions of the Council: (1) the Council’s refusal to reconsider its position on the development of a site that it owns (and is the subject matter of a Joint Development Partnership Agreement with the Claimant); and (2) a decision of the Council’s Cabinet approving a selection of sites for development which did not include this site.
    - 11KBW
  • The Health and Social Care Act 2012: impact on adult social services

    After its torrid passage through Parliament, the Health and Social Care Bill received Royal Assent on 27 March 2012. The Act deals principally with healthcare reform, but it also contains some amendments to the legislative framework for social care. It will come into force on a day yet to be appointed by the Secretary of State.
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  • Immigration update May 2012

    In this issue: