Latest News
Westminster City Council Cancels Parking Charges Proposals
Last night the Leader of the council Cllr Colin Barrow, asked Chief Executive Mike More, to rescind the proposals for evening and weekend parking charges. Mike More confirmed that he would bring forward a report to a Cabinet meeting to do so.
The report will rescind the proposed evening and weekend parking charges that were agreed in August. We will ask for further work to be done on actions that have public support such as the protection of resident parking bays and measures that are necessary for the successful delivery of the Olympic Games such as effective enforcement of the Olympic Route Network.
This decision marks the end of the charging proposals we agreed in 2011 and the start of a fresh approach to parking in Westminster. We will continue to manage traffic in the city and will develop operational policies to do that, building on successful initiatives like Pay by Phone Parking.
Westminster?s Cabinet will also ask the Chief Executive to bring forward proposals to establish a Commission to consider the most effective way that the council can support business, lessen congestion and improve the quality of life of residents living in the West End.
For further details please see: http://www.westminster.gov.uk/press-releases/2012-01/westminster-announces-west-end-commission-and-an-e/
Expert Witness Update
As of 30th March 2011 the Supreme Court abolished your immunity from being sued for your expert witness work – see Jones (Appellant) v Kaney (Respondent)
Judgement
The Supreme Court by a majority (Lord Hope and Lady Hale dissenting) allows the appeal. Lord
Phillips gives the lead judgment. The majority hold that the immunity from suit for breach of duty
(whether in contract or in negligence) that expert witnesses have enjoyed in relation to their
participation in legal proceedings should be abolished.
For further details on this judgment please see the case summary at
www.supremecourt.gov.uk/news/judgments
How does this affect you?
You now can be liable for your testimony in court or work intimately connected with the conduct of court proceedings including your report and meetings. This ruling applies to any civil, criminal or family court expert.
Indemnity Insurance
You should urgently review the extent of your Professional Indemnity Insurance in relation to acting as an expert witness. Bond Solon recommend Ntegrity Insurance, who offer a comprehensive policy specifically for expert witnesses. There are substantial discounts for those who have undergone Bond Solon training.
The Marylebone Hotel, London
25th February 2011 We are delighted to confirm that we have agreed a preferential rates package with The Marylebone Hotel, London The hotel, which has been recently refurbished to a very high standard, is part of the Doyle Collection of eleven hotels and is situated in Welbeck Street just around the corner from 10 Harley Street. Full details may be found on their web site at www.doylecollection.com/marylebone. We have obtained preferential rates of £170.00 per night for a superior guestroom or £210.00 for a deluxe guestroom exclusive of Vat. Other benefits include complimentary WiFi and business centre access, free local calls, complimentary use of the hotel's dry gym/Third Space Healthclub (which includes an extensive gym, 16 metres pool, sauna, steam room & Jacuzzi) and a 10% discount at the 108 Marylebone Bar & Restaurant that is part of the hotel complex. Rates for the hotel vary depending upon the time of year, but 10 Harley Street clients will benefit from the better of the above preferential rates or the on line rate whichever is the least expensive at the time of booking; this is known as the Best Available Rate which should be offered to you. To book please call reservations on 020 7969 3800 quoting the arrangement with 10 Harley Street. We would welcome your feedback if you take advantage of this offer. Read more about Ten Harley Street Consulting RoomsLSB proposes tighter regulation of referral fees
14th October 2010 The Legal Services Board (LSB) has proposed that, instead of a ban on referral fees, regulation should be tightened and all referral arrangements should be made public. Stopping short of an outright ban, the proposals reinforce the findings of the Consumer Panel. But the LSB is recommending "a detailed set of clear disclosure and transparency requirements for those who enter into these arrangements – designed both to give the consumer better awareness of the details behind the transaction and to secure a more consistent approach to transparency across the sector". The document, available at www.legalservicesboard.org.uk/what_we_do/pdf/20100929_referral_fees.pdf, says: "We do not believe there is sufficient evidence to sustain a prohibition of referral fees in the personal injury and conveyancing markets. Nor do we think that other consumer-facing legal services markets should be treated differently and, as such, conclude that bans cannot be justified on the current evidence. "However," it continues "We conclude there is evidence that current disclosure arrangements do not always work effectively. Disclosure is a crucial part of ensuring that consumers know the details of the deal they are getting. Yet there is evidence that, in many cases, these rules are not complied with. The disclosure and compliance problems identified exacerbate information asymmetries and other complexities in the legal services market – so undermining confidence. We believe that these problems require regulatory intervention". The document outlines how, in its view, disclosure should be improved. In the LSB's view, the "legal provider should disclose to their clients the key facts about referral fees:- whom the referral fee is paid to and for what services
- the value of the referral fee in pounds
- the consumer's right to shop around for an alternative legal services provider."
Personal Injury Award
22nd September 2010 A factory worker from Cumbria who developed repetitive strain injury because of his job has won £3,000 compensation. Geoffrey Coleman, 41, developed the condition after repeatedly stuffing paper sheets into a large plastic bag with another employee. The bags, when full, weighed 50 kilograms. Mr Coleman suffered a ligament strain in his forearms because of the repetitive nature of the job. Paul Finegan, Unite's regional secretary, said: "To the company's credit they did all the right things once Geoffrey had been injured. Following the incident they did a root cause investigation, brought a specialist in and highlighted the problems that caused the injury and put a safer system of work in to prevent his happening again." Mr Coleman has now recovered from his injuries and continues to work at the factory.Registering with the CQC
21st September 2010. Next month sees an important change in healthcare regulation for independent practitioners as a new act of Parliament comes into being. Gerry Kennedy gives tips for those doctors with new businesses that will need Care Quality Commission registration. Read the full article herePersonal injury claims on the rise
25th June 2010 Efforts to reform the personal injury claims market have apparently failed after figures showed the number of High Court claims jumped by nearly a third in two years. Despite the introduction of stricter legislation over the registration of claims management companies, the number of personal injury claims taken to the High Court surged by 31.8% between 2006 and 2008, said legal publishing specialist Sweet & Maxwell. Only 914 claims were launched in the High Court in 2006, compared with 1,205 in 2008, according to the latest data. The figures show that efforts to regulate the industry, such as the Compensation Act 2006 which imposes registration requirements on claims management companies, appear to have had little effect. Sweet & Maxwell said the recession could have caused an increase in the number of people pursuing claims that they would not normally have done in more stable economic times. A spokesperson for the company said: "Financial stress has meant that some individuals will have submitted personal injury claims - including perfectly legitimate claims - which they might not normally have been motivated enough to pursue. Meanwhile, insurers suffering from weak returns from their investments may be more willing to contest a claim that they feel has no merit."Cancer negligence ruling quashed
24th June 2010 A woman's claim for damages after doctors failed to diagnose her breast cancer while she was in prison was quashed by appeal judges earlier this week. Cheryl Carter, 34, of Brixton, south London, successfully sued in the High Court for negligence over treatment she received while at Cookham Wood prison in Kent in 2005. But today three Court of Appeal judges allowed an appeal by the Ministry of Justice and she will no longer be able to claim damages at a hearing that was set for next month. Her cancer was discovered after she left prison in 2005 and she underwent a mastectomy a year later. Lord Justice Leveson said doctors employed by the prison had found no abnormality and referral for a specialist opinion was not mandatory in the circumstances. Allowing the appeal, he said: "I add only that I reach that conclusion with regret and very real sympathy for Ms Carter, recognising, of course, that this feeling will provide absolutely no comfort to her." Sir Scott Baker said the "natural sympathy" of the High Court judge who made the finding of negligence had led him to a conclusion that was not sustainable in law.BP 'to face clean up injury claims'
23rd June 2010 BP's clean up of the Gulf of Mexico oil spill may cause even more problems for the firm in the shape of worker injury claims and workplace safety questions. Experts said the thousands of people recruited to help deal with the effects of the ruptured pipe meant the company will inevitably face a rise in compensation claims, made worse due to the toxic substances involved in the clean up. A BP spokesman said it took on 22,000 "hirees" and volunteers, but could not give specific figures on how many were BP staff and how many work for the company's contractors, which could also be responsible for claims. Insurance firms may also react to the event by restricting their payouts of Jones Act injury claims for oil industry risks in the US, experts warned. As there are a wide range of jobs required to deal with the damage, both onshore and in the ocean, legal and insurance sources said claims are expected to come in under workers' compensation laws of several states, as well as federal laws.Anaesthetist loses injury claim
22nd June 2010 A consultant anaesthetist who claims his back was injured after he was knocked unconscious by a theatre light during an operation has lost his £1 million High Court damages claim. Dr Aubrey Bristow was carrying out a procedure on a cancer patient at London's St Bartholomew's Hospital, in February 2007, when he says he was struck on the back of the head, fell and hit in the back with a heavy door as a crash team rushed to his aid. But Barts and The London NHS Trust said the accident was caused by the "over-enthusiastic manner" in which 54-year-old Dr Bristow, of Hawbridge Court, Buckinghamshire, applied Betadine disinfectant to the patient's body. Dismissing the contested case on liability, the judge ruled that Dr Bristow's belief was "wholly implausible" and that he had slipped upon his own spillage. "If he had been so struck by such a heavy object somehow 'boomerang-ing' around him, knocking him out, one would have expected him to be very severely head injured with bleeding both external and internal. "It is far more likely he was knocked out when he fell flat on his back." The judge said that Dr Bristow had no recollection of the accident and relied upon multiple hearsay founded on a flawed incident report form. The Trust, which had offered £45,000 to settle the case, said later: "The Trust, whilst sorry that Dr Bristow sustained an injury, is obviously pleased with the judgment. We hope that today's judgment will draw a line under this incident."Firm fined after skylight fall
21st June 2010 Fines totalling almost £70,000 have been awarded after a construction worker suffered serious head injuries in a workplace fall. Robert Stephens, 40, was working for his father, Stanley, alongside other Longhope Welding Company employees to raise the roof line of the Woodgate Sawmill building, in Coleford, when he fell five metres and landed on the concrete floor below. The two firms pleaded guilty to health and safety violations at Gloucester Magistrates' Court. Woodgate Sawmills was fined £13,320 and ordered to pay £14,443 in costs. Stanley Stephens, meanwhile, was hit with a £26,660 fine and an order to pay costs of £14,443. Health and Safety Executive inspector Annette Walker said: "This incident highlights the extremely serious risks posed by working at height if adequate safety protection measures are not in place."Europe agrees new rules on patient rights in cross-border healthcare
18th June 2010 The EU Directive on the application of patients' rights in cross-border healthcare has been making slow progress since the production of the first draft in July 2008. Ian Youngman from IMTJ looks at the latest developments in adoption of the Directive and the agreement of the draft proposal. Read more...Clinical Negligence: Glaxo pays compensation over drug by James Ratcliff
7th June 2010 Compensation claims have been paid to people who allege that pharmaceutical giant GlaxoSmithKline's diabetes drug Avandia has caused heart attacks. Deutsche Bank analyst Mark Clark said he believed around 50% of the cases had been closed after a spokeswoman for the company declined to give details on the number of cases involved or the agreements reached. Mr Clark said: "This implies that close to half of the cases have now been settled and should ease some fears about Vioxx-type liabilities." He added that any further costs should be comfortably covered by the firm's legal fighting fund. Glaxo has already paid money to close claims related to the drug, dishing out around £40 million last month to bring 700 lawsuits to an end. Industry watchers believe the company had faced around 13,000 claims for damages over the treatment. The first product liability case involving Avandia will go to court in the United States in October.Personal Injury: It has been reported that an inquest in Scarborough has ruled that a 78-year-old man died from an industrial disease after a long exposure to asbestos.
7th June 2010 John Clifford Bell died at his Grosmont home earlier this year after being exposed to the cancer-related material during his career at a plant where pipes were lagged with asbestos, according to the Scarborough Evening News. Coroner Michael Oakley, during an inquest at Scarborough Rugby Club, said that "on the balance of probabilities given Mr Bell's long exposure to asbestos on an unprotected basis", an industrial disease was the cause of death. A consultant pathologist carried out tests after Mr Bell's death to try and establish whether asbestos exposure had played any part. The dangers of asbestos exposure was shown recently when the Health and Safety Executive gave an improvement order to the NHS after it failed to carry out a survey before renovation work at Eldene Health Centre in Swindon, according to the Wiltshire Times.EMTC2011 will take place in Barcelona!
28th April 2010 Good news for the Europeans who want to continue global networking on a serious level in cooperation with EU stakeholders and American counterparts: the EMTC 2011 is taking place in Barcelona from the 4th to the 6th of May 2011. In cooperation with the Barcelona Medical Center and the Catalunya Board of Tourism, the EMTC 2011 will continue its tradition of bringing value to the industry. As we have all learned, marketing talk is not the solution to making Medical Travel grow. We will stick with continuing to help regions to structure their services and network with European and international players. Further more, we aim to plan for a second event overseas in Miami, Florida during 2011, preferably in the autumn, as we have requests from hospital networks from Europe to bring them in closer touch with the US insurance industry to make things really work. At the moment things are under development and we are looker for new ways of cooperation with US stakeholders. Come to Venice to get involved at an early stage. Read more about EMTC2011Watching television can shorten your life
12th January 2010 It is a warning for couch potatoes everywhere – relaxing in front of the television can shorten your life. Each hour spent vegging out in front of television increases the risk of early death by up to 18 per cent, according to researchers from the Baker IDI Heart and Diabetes Institute in Melbourne. Even healthy people who exercise increase the chances of premature death from heart disease by 18 per cent for each hour spent in front of television. They have a 9 percent increased risk of cancer and an 11 per cent increased risk of death from all causes, claims the Australian and French team, whose findings are reported today in Circulation, the journal of the American Heart Association. Read more...Drug exam to cut compensation bill
16th December 2009 Doctors are to be formally tested on their knowledge of medicines before they graduate. The British Pharmacological Society (BPS) is developing a national prescribing assessment alongside a website where students can practise their skills, including “dragging and dropping” the right drug doses onto virtual patients. The BPS believes current training in prescribing is “piecemeal” and more needs to be done to ensure standards are high. Read more...Hospital fights death claim action
12th November 2009 Basingstoke hospital is fighting a widow's claim that her husband died because he was not told for a year that he had cancer. Read more...Family to sue ambulance service
11th November 2009 A family are suing East Midlands Ambulance service after a man died in hospital following a 90 minute wait for an ambulance. Read more...Baby to have life support removed
10th November 2009 The father of tragic "right to life" baby RB has withdrawn his opposition to a High Court plea by doctors and the little boy's mother for permission to switch off his life support. Read more...Outrage over hospital blunder
10th November 2009 Scottish health chiefs have apologised "unreservedly" for a series of errors that led to the "preventable" death of a woman following surgery for breast cancer. Read more...Mental ill health 'costs business £28bn a year', says report
5th November 2009 Stress, depression and mental health problems in the workplace are costing employers billions of pounds in lost productivity, the NHS watchdog says. A culture of long hours and “presenteeism” — where workers feel obliged to come into work although they may be unproductive — is damaging small businesses and the wider economy, the National Institute for Health and Clinical Excellence (NICE) says. Analysis by the watchdog suggests that the annual cost of mental ill health to a business with 1,000 employees is £835,355, but up to £250,000 a year could be saved by reducing absenteeism and increasing performance. As part of guidance on mental health and wellbeing in the workplace released today, NICE has produced an online calculator that tells employers how much they could save by improving line management and working conditions.£50 million programme to provide new body parts
20th October 2009 Hip joints? Check. Knee ligaments? Check. Heart valves? Check. It is the MoT that will last you a lifetime, and such are the advances in the science of “spare parts” that researchers claim it will help you live beyond the age of 100. A £50million, five-year programme announced today, will focus on developing biomedical engineering solutions to the problems faced by Britain’s ageing population, which could keep the average person active into their second century. The work, which will be co-ordinated by the Institute of Medical and Biological Engineering (iMBE) at the University of Leeds, aims to tackle ten challenges that will allow people “50 active years after 50”.GMC Requirement for Doctors' Licences
25th June 2009 With effect from 16th November 2009 all doctors wishing to undertake any form of medical practice, including but not be limited to, writing prescriptions, holding an NHS post, and the signing of death and cremation certificates, for which UK law currently requires GMC Registration will need to be both registered and hold a licence to practise. It will be possible to confirm whether doctors have been granted a license to practise by visiting the GMC web site at www.gmc-uk.org after 16th November 2009. Ten Harley Street Ltd will require proof of license to practise with effect from this date for all GMC registered practitioners. In the meantime anyone requiring further information, about registration, revalidation and licensing, and annual fees, can email the GMC at licensing@gmc-uk.org or visit the GMC web site at www.gmc-uk.org.The Care Quality Commission - Powers of Enforcement
25th June 2009 The Care Quality Commission (CQC) was established in October 2008 by the Health and Social Care Act 2008. It will have the enforcement powers that previously the CSCI and the Healthcare Commission had under the Care Standards Act 2000. The CQC will also have three new powers under the 2008 Act which will come fully into force in April 2010.Powers Already Existing under the Care Standards Act 2000
The enforcement powers of the CQC are now:-
Impose, vary or remove conditions
This might be used where one specific aspect of the service needs to be improved, but other services can continue while changes are made
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Prosecution for specified offences
Prosecution will be considered where it is in the public interest, and where there is a realistic prospect of conviction. In some cases it may be appropriate to prosecute in conjunction with other enforcement actions, for example suspension of registration. The maximum court fines have increased considerably.
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Cancel Registration
This is an ultimate sanction and will be reserved for serious, urgent cases. There is a right of appeal against cancellation.
New powers under the 2008 Act
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Issue a warning notice
A warning notice will provide details of the breach in question and set out a timetable to rectify it. If the breach is not rectified within the enforcement period any necessary follow up action will be taken. It is likely that such a notice will be used for first-time or minor breaches.
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Issue a financial penalty in lieu of prosecution
A financial penalty notice will be considered by the CQC as an alternative to prosecution. It might be used where the provider is clearly in breach of statutory requirements but it is clear that improvements can be made. By paying the penalty the provider may avoid further proceedings. The value of penalties may range from £1,250 to £4,000.
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Suspend Registration
Registration can be suspended entirely for a specified period. This may be used where there is a serious breach but the provider demonstrates a willingness to rectify the breach.
Air Conditioning at Ten Harley Street
16th April 2009 We now have air conditioning in all Consulting Rooms in addition to the waiting rooms on the ground and fourth floors and we have been able to set and maintain more comfortable temperatures throughout the House.Read more about Ten Harley Street Consulting Rooms
School Roof Collapses: 13 Children Injured UK swine flu infections rise to 65
Ten new cases of swine flu have been confirmed by health officials in England, taking the total number of UK infections to 65. The Health Protection Agency says another seven adults and three children have contracted the disease. The news came as four schools reopened in time for the crucial exams season after being closed when pupils became infected. Three of them - Alleyn's School in Dulwich, southeast London, Paignton Community and Sports College in Devon, and Downend School in Gloucestershire - are secondary schools with pupils sitting GCSEs and A-levels. The Dolphin School, a private prep school in Battersea, southwest London, has also resumed classes. Read More...Chaperones
In an increasingly litigious world, medical practitioners face the prospect of allegations of sexual assault arising from a one to one consultation with a patient. Such a claim can be damaging to your professional and personal reputations. In order to minimise such risk it is advisable for practitioners to employ the services of a chaperone and we can assist with this from within our own resources. Just ask a member of the reception team if your require this service.Health-on-Line studies infection rates in NHS hospitals
Official reports suggest that hospital acquired infection rates are steadily dropping, although Health-on-Line, the online Private Medical Insurance (PMI) company, notes continued media coverage of individuals who have contracted a hospital infection at an NHS facility. Whilst private hospitals are not impervious to infections, the vast majority appear not to have suffered the high rates of infection cases reported in their NHS counterpart. This seems to be down to the priority given to hygiene and cleanliness. Many private centres do not employ external companies to clean the premises and ensure a rigorous routine is adhered too.Read more about Ten Harley Street Consulting Rooms