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Capsticks LLP

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

London: Dispute resolution

Professional discipline
Professional discipline - ranked: tier 1

Capsticks LLP

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.

Practice head(s):Mark Whiting; John Witt

Other key lawyers:Daniel Purcell; James Penry-Davey; Nimi Bruce; Hugh Giles; Kate Steele; Mark Rogers; Genevieve Bushell; Anna Holdsworth; Adelita Thursby-Pelham

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

Work highlights

  • Acted for the General Osteopathic Council in a case against an osteopath who allegedly acted in a sexually motivated way towards a female patient.
Leading individuals

Daniel Purcell - Capsticks LLP

John Witt - Capsticks LLP

Mark Whiting  - Capsticks LLP

Next Generation Partners

Kate Steele - Capsticks LLP

Mark Rogers - Capsticks LLP

Rising stars

Anna Holdsworth - Capsticks LLP

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London: Human resources

Employment: employers
Employment: employers - ranked: tier 7

Capsticks LLP

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.

Practice head(s):Victoria Watson

Other key lawyers:Andrew Rowland; Martin Hamilton

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

Work highlights

  • Acting for Lewisham and Greenwich NHS Trust in a high-profile whistle-blowing claim relating to the protection afforded to junior doctors on the national training programme.
  • Advising the Police and Crime Commissioner for Staffordshire on a major restructure including the transfer of the entire fire service.
  • Acting for East Suffolk and North Essex Foundation Trust in claims for whistle-blowing, automatic unfair dismissal, unlawful deductions from wages, and race and sex discrimination brought by a consultant surgeon.
  • Acting for Barts Health NHS Trust in an injunction and breach of contract claim brought by a midwife in the High Court.
  • Acting for Ramsay Health Care UK in a discrimination claim brought by a consultant surgeon with practising rights at one of the client's private hospitals.

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London: Insurance

Clinical negligence: defendant
Clinical negligence: defendant - ranked: tier 1

Capsticks LLP

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.

Practice head(s):Peter Marquand

Other key lawyers:Philip Hatherall; Majid Hassan; Cassius Box; Catherine Bennett

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

Work highlights

  • Acted for NHS Resolution and Croydon Health Services Trust in the Supreme Court decision Darnley v Croydon Health Services NHS Trust on the scope of the duty of care of Emergency Department receptionists and non-medical staff.
  • Acted on behalf of NHS Resolution and three Trusts in a case related to the sharing of patient information with a family member regarding a hereditary condition.
  • Acted for NHS Resolution and Imperial Healthcare NHS Trust in dismissing a a cerebral palsy claim regarding alleged negligence advice on breastfeeding.
  • Represented NHS Resolution on behalf of West Hertfordshire Hospital NHS Trust in what is thought to be the biggest settlement ever for a clinical negligence case in the UK (£37m).
  • Represented  the Trust in connection with the inquest into the death of Alice Brooks, who became ill after eating a meal at a branch of Wagamama.
Leading individuals

Philip Hatherall - Capsticks LLP

Next Generation Partners

Catherine Bennett - Capsticks LLP

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London: Private client

Court of Protection
Court of Protection - ranked: tier 3

Capsticks LLP

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.

Practice head(s):Francis Lyons

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

Work highlights

  • Advised a healthcare trust in an interesting case featuring both the Mental Capacity Act and Mental Health Act frameworks.
  • Advised an acute hospital in the Midlands on treatment under the Mental Capacity Act where a patient refuses insulin on a regular basis.
  • Advised a hospital trust on Court of Protection proceedings regarding contraception for an individual with a severe learning disability.
  • Advised a clinical commissioning group on Court of Protection proceedings regarding the transfer of a very frail patient to a care home.
  • Advised a clinical commissioning group on Court of Protection proceedings in relation to a patient after a long-delayed discharge from hospital.

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London: Public sector

Administrative and public law
Administrative and public law - ranked: tier 6

Capsticks LLP

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.

Practice head(s):Peter Edwards; Ian Cooper

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

Work highlights

  • Assisting London Ambulance Service NHS Trust with its involvement in the Grenfell Tower Inquiry.
  • Acted for NHS South Tyneside CCG and Sunderland CCG in successfully rejecting an application for judicial review concerning their reconfiguration plans.
  • Defending NHS Dorset CCG in a judicial review application concerning changes to the administration of health services in Dorset.
  • Assisting a total of 13 NHS trusts with pre-inspection support in preparation for the Care Quality Commission's "well led" inspections.
  • Advising the General Pharmaceutical Council as intervenor in a judicial review application concerning whether a university can conduct enhanced criminal record checks.

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Healthcare
Healthcare - ranked: tier 3

Capsticks LLP

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.

Practice head(s):Andrew Rowland

Other key lawyers:Stephen Tainsh

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

Work highlights

  • Acted for Imperial College Healthcare NHS Trust as the commissioner of a £130m managed pathology equipment procurement, which was challenged by the second-placed bidder on the basis of scoring errors and breaches of the procurement rules.
  • Advising NHS West London CCG and the NHS CWHHE collaborative (Central London, West London, Hammersmith & Fulham, Hounslow and Ealing CCGs) in relation to their responses in the aftermath of the Grenfell Fire.
  • Representing Calderdale and Huddersfield NHS Foundation Trust as the defendant in a judicial review claim relating to the restructuring of clinical services brought by two nominal claimants.
Leading individuals

Stephen Tainsh - Capsticks LLP

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London: Real estate

Social housing: local authorities and registered providers
Social housing: local authorities and registered providers - ranked: tier 4

Capsticks LLP

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.

Practice head(s):Chimi Shakohoxha; James Howard

Other key lawyers:Daniel Skinner; Susie Rogers; Lee Clarke; David Firth; Abi Condry; Helen Gascoigne; Jonathan Winckworth

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)

Work highlights

  • Acted for Optivo on its circa £33m joint venture with housebuilder Cala Homes. The transaction was the first joint venture entered into by Optivo as a newly formed entity, and it was also the first large transaction that it had done with Cala Homes.
  • The firm is advising L&Q Housing Trust on charging 1,800+ units to secure a £150m loan, in favour of a security trustee.
  • Assisted Vivid with charging 1,700 units to secure a £150m private placement to a US investor (who was new to the sector) via a security trustee.
  • The firm is advising a central London-based social housing REIT on a pipeline of projects to acquire supported housing units and care homes, and to then negotiate and agree implementation documents, including share purchase agreements, leases and service contracts with RPs and service providers.
  • Assisted BPHA with obtaining an ASB injunction against a tenant with support needs, which included considering Equality Act issues.
Leading individuals

Daniel Skinner - Capsticks LLP

Rising stars

Helen Gascoigne - Capsticks LLP

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