Firm Profile > Capsticks LLP > Birmingham, England

Capsticks LLP
35 NEWHALL STREET
BIRMINGHAM
B3 3PU
England

Health Tier 1

Capsticks LLP is praised for providing 'clear, pragmatic and proactive advice' on a range of matters spanning clinical law, employment, real estate, and increasingly litigation and corporate and commercial law. Practice head Tracey Lucas focuses on handling medical treatment decisions and Court of Protection cases. Henry Matveieff, who was promoted to the partnership in May 2018, has a focus on real estate work.

Testimonials

The overall level of service received is excellent. The advice provided is business focused, concise, delivered in a timely manner with different strategies and risks clearly thought through

Capsticks’ strength is giving clear, pragmatic and proactive advice on sometimes the most difficult matters

Very timely responses to legal requests even out of hours. Provide a very friendly, professional service. Credible and provide excellent legislative information. Very supportive for staff and able to allay anxieties in advance of inquests

David True is a deep thinker, diligent and first class at playing the long game and is well connected with associated chambers

Nadine Mansell is a hard-working associate

Key clients

Birmingham and Solihull Mental Health NHS Foundation Trust

Birmingham Women’s and Children’s Hospital NHS Foundation Trust

Birmingham Community Healthcare NHS Trust

Black Country Partnership NHS Foundation Trust

Sandwell and West Birmingham Hospitals NHS Trust

Shrewsbury and Telford Hospital NHS Trust

Midlands Partnership NHS Foundation Trust

The Robert Jones and Agnes Hunt Orthopaedic Hospital NHS Foundation Trust

The Royal Wolverhampton NHS Trust

Worcestershire Acute Hospitals NHS Trust

Northampton General Hospital NHS Trust

Kettering General Hospital NHS FoundationTrust

Oxford Health NHS Foundation Trust

NHS England

Department of Health

Community Health Partnerships

NHS Property Services

Milton Keynes University

Hospital NHS Trust

Sandwell CCG

Wolverhampton CCG

Arden and GEM CSU

Employment Tier 4

Capsticks LLP is the sole employment law provider for a number of the largest healthcare trusts in the Midlands, and it also acts for many private healthcare clients. Recent non-contentious work has involved assisting various clients with important strategic collaborative arrangements between NHS organisations throughout the country.

Commercial property: Birmingham Tier 5

Capsticks LLP leverages its healthcare sector strengths to attract a range of work for NHS trusts, GP practices and treatment providers, including land sales, acquisitions, developments, and PPP and PFIs. Another increasing mainstay of the practice is public sector work. Practice head Henry Matveieff was promoted to partner in May 2018.

Key clients

NHS England

Birmingham Women’s and Children’s Hospital NHS Trust

Shawbrook Bank

Department of Health

Midlands Partnership NHS FoundationTrust

Methodist Church of Great Britain

Genesis Care

Birmingham Community Healthcare NHS Foundation Trust

Thanet Clinical Commissioning Group

Welwyn Hatfield Borough Council

Oxford Health NHS Foundation Trust

Sandwell and West Birmingham Hospitals NHS Trust

NHS Property Services Limited

Hertfordshire Partnership NHS Foundation Trust

Arden and GEM Commissioning Support Unit

Clinical negligence: defendant Tier 1

Capsticks LLP's clinical law team has recently added five new NHS Trusts to the already more than 300 public and independent sector healthcare providers within its client portfolio. Group litigation expert Philip Hatherall leads the specialist inquest team, which provides both an advisory and advocacy service. Majid Hassan, who is the lead partner for The Medical and Dental Defence Union of Scotland (MDDUS) specialising in the defence of claims againts GPs, also heads the medical malpractice insurance team, offering representation in a wide range of civil claims brought against private surgeons, clinics and hospitals, as well as providing risk management and governance advice to medical teams in elite sports. The team was involved in some recent landmark cases: legal Director Cassius Box led advice to the defendant in the landmark Supreme Court case Darnley v Croydon Health Services NHS Trust, which clarified the scope of the duty of care of Emergency Department receptionists and non-medical staff; while Catherine Bennett represented three NHS Trusts in a high-profile case that has become the leading authority on the sharing of patient information. Catastrophic injuries, cardiac, obstetric, neonatal and consent-related cases are all areas of expertise for the department.

Testimonials

‘Capsticks been the top specialist clinical negligence defendant firm for many years and remain so.’

‘Capsticks’ strength comes from the leadership of the senior partners and the care which has gone into assembling a team of bright lawyers, who are motivated and work well together in a challenging environment.’

‘Cassius Box has extensive experience and superb judgement. On top of that, he is well respected by his opponents.’

Key clients

MDDUS

NHS Resolution

London Ambulance Service NHS Trust

Croydon Health Services NHS Trust

St George’s Healthcare NHS Trust

South West London and St George’s Mental Health NHS Trust

Sussex Partnership NHS Foundation Trust

Imperial Healthcare NHS Trust

Worcestershire Acute Hospitals NHS Trust

Health Tier 1

Capsticks LLP offers comprehensive coverage of the health sector with substantial experience of acting for NHS clients at a national level. The team's public sector client roster encompasses NHS trusts, mental health providers, ambulance trusts, government departments and healthcare regulators, while on the private side the team acts for private healthcare providers and GP practices. The group handles clinical law, employment issues, contentious work, corporate matters and real estate mandates. Senior partner Rachael Heenan leads the practice and specialises in employment and governance matters, David Roberts heads up the Leeds office, Ian Cooper leads the national advisory and public law team, while Lisa Geary is head of the real estate group.

Testimonials

Capsticks in the best healthcare firm in the country. The group is pre-eminent and a great deal of attention seems to have been paid to selecting a solid team of lawyers who work well together and have incredibly high standards‘.

The team is available, easy to get hold of and very easy to work with. It understands the needs of its clients and works with them at all times‘.

Ian Cooper and associate David Birch are both helpful and a dream to work with. They understand what you need and get on with it, and are also personable and professional‘.

Key clients

Newcastle Upon Tyne Hospitals

South Yorkshire Police

University Hospitals of Morecambe Bay NHS FT

Humberside Fire and Rescue Authority

County Durham and Darlington NHS FT

Northumberland Tyne and Wear NHS FT

NHS Confederation and NHS Employers

Derbyshire Healthcare NHS FT

Yorkshire Ambulance Service NHS Trust

NHS England Over 5 years No

Greater Manchester Mental Health NHS Foundation Trust

Humber NHS Foundation Trust

Northumbria Healthcare NHS Foundation Trust

Hull and East Yorkshire Hospitals NHS Trust

Derbyshire Community Health Services NHS Trust

Mid Yorkshire Hospitals NHS Trust

Chesterfield Royal Hospitals NHS Foundation Trust

Yorkshire Ambulance Service NHS Trust

Rotherham Doncaster and South Humber NHS Foundation Trust

James Paget University Hospitals NHS Foundation Trust

Southport and Ormskirk NHS Trust

North West Boroughs Healthcare NHS Foundation Trust

Sheffield Health and Social Care NHS Foundation Trust

Sheffield Teaching Hospitals NHS Foundation Trust

South West Yorkshire Partnership NHS Foundation Trust

Doncaster and Bassetlaw Hospitals NHS Foundation Trust

Cumbria Partnership NHS Foundation Trust

Leeds Teaching Hospitals NHS Trust

University Hospitals Morecambe Bay NHS

Foundation Trust Burton Hospitals NHS Foundation Trust

Calderdale and Huddersfield NHS Foundation Trust

North Lincolnshire and Goole NHS FoundationTrust

Christie Hospital NHS Foundation Trust

University College London Hospitals NHS Foundation Trust

National Audit Office

Department of Health

NHS England

NHS Confederation

NHS Property Services Limited

Community Health Partnerships Ltd

North East CSU

Affinity Trust Lt

iGene (London) Limited

University Hospitals Birmingham NHS Foundation Trust

Cheshire Local Medical Committee

Various and numerous GP partnerships and corporate primary care providers

Humberside Local

Medical Committee Humberside Fire and Rescue Authority

Agencia Consulting Limited

Professional discipline Tier 1

Capsticks LLP's team 'has strong expertise in this area and it has easy access to a broad knowledge base'. The regulatory division - led by Mark Whiting and John Witt and supported at partner level by Daniel Purcell, James Penry-Davey, Nimi Bruce and Hugh Giles - is well known for its professional discipline expertise in the healthcare and legal services markets. It has also been doing an increasing amount of work in the emergency services space (including police, fire and ambulance). It acted for the GDC in a complex case against a clinical dental technician, who was the subject of five different complaints over the standard of care provided to patients. Kate Steele and Mark Rogers were promoted to partner and consultant solicitor Genevieve Bushell and senior solicitor Keziah Pearson were hired from Bevan Brittan LLP and Blake Morgan LLP, respectively. Anna Holdsworth and Adelita Thursby-Pelham are notable associates.

Testimonials

Capsticks is enormously impressive; the lawyers are thorough, organised and hardworking without exception, and the systems in place for both investigation and administration are excellent. Moreover, the firm employs some extremely bright and able lawyers‘.

The lawyers’ willingness to discuss discrete legal issues on a no-commitment basis, as well as the provision of in-house training to clients’ own teams, provides significant added value to client organisations; billing is also highly transparent and timely‘.

James Penry-Davey has a sharp brain for legal issues. He is also pragmatic and very good at finding solutions to resolve matters in a way that is fair to all parties involved‘.

John Witt is a standout partner for his knowledge and experience‘.

Mark Whiting is knowledgeable, personable and well-organised; he manages the team extremely effectively‘.

Nimi Bruce combines high levels of expertise, a refreshing attitude and excellent logistical skills‘.

Kate Steele has considerable experience in the areas of regulatory and professional discipline and is regarded very highly by solicitors, counsel and other professional colleagues; she is absolutely meticulous in the planning and preparation of her cases‘.

Mark Rogers is hugely impressive when it comes to grasping complex clinical issues; he is also very well-organised and particularly adept at managing clients and their expectations‘.

Anna Holdsworth has great judgement and intelligence‘.

Key clients

General Dental Council

Solicitors Regulation Authority

Nursing and Midwifery Council

Health and Care Professions Council

Bar Standards Board

General Chiropractic Council

General Osteopathic Council

General Pharmaceutical Council

Professional Standards Authority for Health and Social Care

Social housing Tier 1

Capsticks LLP has had a significant increase in the number of social housing clients turning to the firm for advice on bespoke private developments, as well as affordable housing ventures. In addition to regeneration projects, the housing team includes dedicated sub-divisions in areas such as housing management, housing regeneration, and corporate and securitisation. Also notable is that the firm also has a strong specialism in the healthcare sector. The 'approachable' Michael Owen leads the housing management section. Spencer Vella Sultana and Kevin Steele are among other key figures, as is associate Mike Regan, who exclusively assists registered providers (RPs).

Testimonials

The service provided by the team at Capsticks goes above and beyond expectation‘.

Capsticks consistently responds to requests for legal advice quickly and professionally‘.

The whole team talks to me in a language I can understand‘.

Michael Owen is very approachable and always makes the client feel valued and included‘.

Katrina Day has an excellent understanding of all aspects of social housing procurement‘.

Vella Sultana and Rita Saadeh are straight-forward communicators‘.

Key clients

Vectis Homes

Live West

Stonewater

Vivid Homes

Radian Group

Aster Communities

Advantage South West

Raven Housing Trust

Soha Housing

The Guinness Partnership

Clinical negligence: defendant Tier 2

Since launching in Leeds in 2011, Capsticks LLP's Yorkshire practice has established a firm foothold in the region, and was reappointed to the NHS Resolution panel in 2017, increasing the volumes of defendant clinical negligence work it handles in recent months. The 13-strong Leeds team prides itself on resolving a wide spectrum of cases, from low to high-value and technical claims, while also championing the use of mediation and alternative dispute resolution. Leeds office head David Roberts - 'a pragmatic, sound and wise operator' - leads the team while also serving as nominated partner for NHS Resolution.

Testimonials

Available, easy to get hold and very easy to work with.

They understand the needs of their client and work with them at all times.

Excellent knowledge of property legal matters and very responsive service.

Clear answers to any questions,  happy to help and knowledgeable.

‘David Roberts is a pragmatic, great operator. Sound and wise.’

‘Peter Marquand and David Roberts display high levels of intelligence, competence and judgement.’

Key clients

NHS Resolution

Worcestershire Acute Hospitals NHS Trust

Markel

Court of protection Tier 3

Capsticks LLP specialises in advising NHS providers and commissioners as well as public, private and charitable sector clients on all issues involving incapacitated and vulnerable adults and children. The team has a key strength on the interaction between the Mental Health Act, the Mental Capacity Act and deprivation of liberty safeguards under the leadership of Francis Lyons. In addition the team is regularly involved in disputes regarding lasting powers of attorney/advance decisions.

Testimonials

I always found the team to be approachable, responsive, with technically strong knowledge‘.

Francis Lyons has in-depth knowledge that he easily translates into options  and practical advice‘.

Francis Lyons is one of the “go to” advisers for healthcare clients with tricky medical treatment issues as there appears to be no issue he has not advised upon. He is reassuringly calm and is excellent with lay clients‘.

Key clients

Derbyshire Community NHS Trust

St Andrews Healthcare

Northampton General Hospital NHS Trust

Lambeth CCG

Sheffield Health and Social Care NHS FT

South Staffordshire and Shropshire NHS FT

South East CSU

London North West Healthcare NHS Trust

Birmingham South Central CCG

Wye Valley NHS Trust

Employment: Leeds and West Yorkshire; North Yorkshire Tier 3

The team at Capsticks LLP has an established reputation in Leeds as a go-to firm for public sector employment work, advising employers in the health, emergency services, social care, housing and charity sectors. The firm, which acts for more than 200 NHS organisations, handles high-profile and complex matters relating to holiday pay, TUPE and discrimination claims, as well as disputes involving doctors. Senior partner Rachael Heenan works both locally and nationally on employment matters in the healthcare sector, specialising in governance, whistleblowing litigation and advice to boards.

Key clients

NHS England

NHS Shared Business Services Framework

NHS Arden and Greater East Midlands Commissioning Support Unit

Arden & GEM NHS Commercial Solutions Framework

Crown Commercial Service (CCS)

Healthcare Tier 3

Capsticks LLP's cross-disciplinary practice is particularly active in inquests, representing NHS bodies in judicial review cases and advising on matters of public law. The team also has strong expertise in non-contentious and contentious healthcare employment. The national practice is led by Andrew Rowland, who is supported by Peter Edwards for public law and governance matters; Francis Lyons advises NHS bodies and local authorities on contentious commissioning and treatment decisions. Corporate and commercial partner Stephen Tainsh joined from Blake Morgan LLP in July 2018 as head of the medical technology group.

Testimonials

A very good knowledge of the health sector and the legal aspects affecting it.

Peter Edwards has provided sound advice in relation to public law matters

Key clients

Imperial College Healthcare NHS Trust

Barts Health NHS Trust

Central London Community Healthcare

Royal National Orthopaedic Hospital NHS Trust

Croydon Health Services NHS Trust

Social housing Tier 4

Capsticks LLP continued to expand its housing capabilities with the takeover of Whiteheads Solicitors in October 2018. The North West practice, which operates as part of the firm's national team, is noted for its housing management expertise, acting for housing providers on matters involving anti-social behaviour, tenancy fraud and human rights issues, as well as land and service charge cases. Former Whiteheads director Paul Lloyd heads the team.

Testimonials

The team is very reliable and the advice given is always helpful and consistent

The team goes out of its way to be helpful, and has excellent working knowledge of cases

Its approach to cases and preparation is always thorough

Key clients

Onward

Leeds Federated

Stonewater

Great Places Group

ForViva

Jigsaw Group

Mosscare St Vincent

Muir Group

Broadacres

Johnnie Johnson

Social housing: local authorities and registered providers Tier 4

Capsticks LLP's social housing practice has gone from strength to strength, since Chimi Shakohoxha and James Howard joined from Clarke Willmott LLP in 2017. With its team undergoing significant expansion, the firm now has one of the largest social housing practices in the UK. The firm is a particularly popular choice among registered providers; it now acts for more than 220. Shakohoxha heads up a specialist team which focuses on complex development and regeneration work. Another key figure in the housing management sphere is Daniel Skinner. Elsewhere, the firm provides corporate and commercial contracts advice, and its securitisation team (which is led by Susie Rogers) is experienced in property charging matters. Reflective of the strength of its reputation, in 2018, the firm was re-appointed to the Housing Associations’ Legal Alliance panel and it also won a place on the South East Consortium framework. Work highlights included Shakohoxha and others acting for Southern Housing Group as the lead developer on the acquisition of two adjacent sites at an industrial estate, which is part of the Fish Island redevelopment in northeast London. Associate Helen Gascoigne is another name to note.

Key clients

-Optivo

Knightstone Housing Association Ltd

Stonewater Limited

Vivid Housing Limited

Sovereign Housing Association Limited

Moat Housing Group Limited

Riverside Housing

Hyde Housing Association Limited

London & Quadrant Housing Trust

Poplar Housing and Regeneration Community Association (Poplar Harca)

Commercial property: Leeds and West Yorkshire; North Yorkshire Tier 5

Capsticks LLP's Leeds commercial property team draws on the firm's expertise in the health and social care and housing sectors. The local practice is led by Lisa Geary, who has particular expertise in advising clients in the healthcare sector on major land sales, acquisitions and developments. The firm also has experience in acting on PPP and PFI healthcare schemes as well as acting for GP practices, social enterprises and social care charities.

Key clients

Greater Manchester Mental Health NHS Foundation Trust

Humber NHS Foundation Trust

Northumbria Healthcare NHS Foundation Trust

Hull and East Yorkshire Hospitals Trust

Derbyshire Community Health Services NHS Trust

Mid Yorkshire Hospitals NHS Trust

National Audit Office

Department of Health

NHS England

NHS Confederation

Administrative and public law Tier 6

The public law defence practice at Capsticks LLP counts key public bodies among its clients, including a considerable number of NHS clinical commissioning groups (CCGs). Recent mandates saw an uptick in the defence of judicial review applications, defending against challenges to health service reconfiguration strategies implemented by CCGs throughout Dorset, South Tyneside and Oxfordshire. Further regular work in the healthcare space includes Leeds-based practice co-head Ian Cooper’s pre-inspection support to NHS trusts in respect of the Care Quality Commission’s inspection regime. Police forces and regulatory bodies (including the Solicitors Regulation Authority and the Professional Standards Authority for Health and Social Care) are also present on the client roster, with typical mandates including defending appeals against regulators' decisions and disclosure challenges. Practice co-head Peter Edwards advises public bodies in the healthcare sector on their governance and statutory powers.

Testimonials

The team applies its extensive experience and expert knowledge to provide sound legal advice

The level of expertise and professionalism displayed by Capsticks is exceptional

Peter Edwards provides invaluable wisdom and support

Peter Edwards is simply brilliant

The team is solutions based, patient and pragmatic

Francis Lyons is a first-rate solicitor. He has an excellent manner and clients love him

An exceptional public law team with particular strength and expertise in healthcare matters

Key clients

Public Health England

Bar Standards Board

Solicitors’ Regulation Authority

NHS Employers

NHS Dorset CCG

NHS South Tyneside CCG

NHS Oxfordshire CCG

Kent and Medway Sustainability and Transformation Partnership

Kingston Hospital NHS Foundation Trust

North Central London CCGs

Employment: employers Tier 7

Capsticks LLP is noted for its strength in acting for large public sector employers, including clients in the healthcare, emergency services, social care, education, housing and charity fields. The team's expertise in healthcare particularly stands out; it acts for both private and NHS organisations in employment tribunal claims, as well as advising on issues such as conduct and capability concerns. Victoria Watson, who took over as practice head in October 2018, handles complex litigation involving senior executives and clinicians. Andrew Rowland and Martin Hamilton are also key contacts.

Testimonials

The quality and responsiveness across the whole team is consistently good. Responses are fast and agile.

Victoria Watson and Andrew Rowland are outstanding individuals. They are experts in their fields but it isn’t just the quality of their legal advice – they understand healthcare, and the risks and challenges involved. They don’t always reach for the safety first button, but help analyse risks and solutions.

Key clients

Lewisham and Greenwich NHS Trust

Police and Crime Commissioner for Staffordshire

East Suffolk and North Essex NHS Foundation Trust (previously Ipswich Hospital NHS Trust)

Barts Health NHS Trust

Ramsay Health Care UK

The Methodist Church

Royal Holloway University

BMI Healthcare

Royal Berkshire Healthcare NHS Trust

Chief Constable of Cambridgeshire Constabulary

Capsticks is the leading national law firm in the health, housing and social care sectors and also has an unrivalled understanding of the emergency services sector. The firm provides a full-service offering for all of its clients and is well regarded for its commercial, market-driven solutions.

The firm: Capsticks acts on the most ground-breaking, high-value and politically sensitive cases in the health, social care and housing sectors. This year’s highlights include advising a major NHS trust on a project with Deepmind (a Google subsidiary) around healthcare AI, helping to resolve the junior doctor’s contract dispute and advising a trust as part of the Hillsborough Inquests. Capsticks’ specialist housing team acts for over 150 registered providers nationwide and case highlights include representing Poplar HARCA to obtain one of the largest unlawful profit orders in the country, acting on major repairs procurement and IT contract arrangements for G15 clients and acting for Moat Housing advising on several complex leasehold interpretation issues.

Current clients include The Department of Health, NHS Resolution, NHS England, NHS Improvement, The General Dental Council, the Solicitors Regulation Authority, Barts Health NHS Trust, Birmingham Women’s and Children’s NHS Foundation Trust, Yorkshire Ambulance Service NHS Trust, The Medical Defence Union for Scotland, Clarion Housing Group, Notting Hill Housing, Poplar HARCA, Aster, Sovereign Housing Association and The Metropolitan Police.

The firm’s HR Advisory services (non-legal) provides an extensive range of consultancy services for all its markets.

Types of work undertaken: The firm’s work is divided between the clinical law, commercial, dispute resolution, employment and real estate departments

Clinical law: this team acts for NHS Resolution, dealing with a large volume of clinical law advisory matters such as consent-to-treatment cases and mental health issues. The department has a strong reputation for advising on sensitive and high-profile cases and judicial reviews of major service reconfiguration decisions. The team also deals with medical malpractice insurers, including disasters arising from obstetric accidents, which comprise some of the largest PI claims in this country.

Commercial: this team provides full legal support on NHS and private healthcare and housing M&A, major procurement projects and joint ventures. The work is carried out in multi-disciplinary teams with members of the real estate and employment departments.

Dispute resolution: this team specialises in the resolution of commercial and property disputes across healthcare and housing. Clients also include healthcare regulatory bodies and a growing number of non-healthcare regulators including the Solicitors Regulation Authority.

Employment: this team is one of the largest healthcare employment teams in the country. It provides an HR advisory and consultancy service to healthcare bodies. The team has a close working partnership with NHS Employers providing NHS workforce leaders with access to expert HR, legal and business advice. The team also acts for housing providers, GP Federations and Emergency Services providers, offering HR support including advice relating to organisational change and TUPE.

Real estate: this team acts for an unrivalled number of public and private sector healthcare clients and housing providers on real estate matters. In addition to complex and innovative joint venture redevelopments, it acts on some of the largest and most politically sensitive hospital developments, NHS surplus land sales and urban regeneration schemes in the country. The firm acts for over 150 housing providers supporting complex development programmes and asset management.

Department Name Email Telephone
Senior partner Rachael Heenan
Social housing Michael Owen
Administrative law Ian Cooper
Clinical law Peter Marquand
Commercial Mike Clifford
Litigation David Firth
Regulatory Mark Whiting
Employment Martin Hamilton
Primary care Sam Hopkins
Real estate Sam Hopkins
Photo Name Position Profile
 Tracey Lucas  photo Tracey Lucas
Number of UK partners : 46
Number of other UK fee-earners : 226