Legal Insights from Capsticks

Inquest conclusions bring together the evidence, submissions and legal framework to determine how a death is formally recorded and understood. Episode 4 sees Jeremy Loran, Adam Hartrick and Jessica-Jane Naysmith examine the considerations that shape conclusions and the issues organisations commonly encounter at the final stage of the inquest process.

Their discussion covers the role of the Medical Certificate of Cause of Death and how this links to the final outcomes, alongside the approach to submissions and the application of the Chief Coroner’s Guidance, including the three-stage process. Areas that frequently present challenge are also addressed, including neglect findings.

Pre-inquest review (PIR) hearings play a critical role in shaping how an inquest will evolve. In episode 3, our speakers discuss why getting the scope right at an early stage is so important, and how organisations can actively influence that process.

Jeremy Loran and Lizzie Turner explore how decisions made at PIR hearings affect the breadth of evidence, the number of witness statements required, and whether Article 2 is engaged. They also consider the issues coroners are seeking to resolve early on, including whether anything has been overlooked, how to remain focused on client priorities, and when it is necessary to raise involvement of other organisations or potential Interested Persons.

Witness statements play a central role in inquests, shaping how evidence is presented and how events are understood by the coroner and, where applicable, a jury. In Episode 2, Sara Lyle and Naomi McMaster discuss the purpose of witness statements within the inquest process, offering practical insight into effective drafting and the importance of clarity, consistency and proportionality. Witness statements play a central role in inquests, shaping how evidence is presented and how events are understood by the coroner and, where applicable, a jury. In Episode 2, Sara Lyle and Naomi McMaster discuss the purpose of witness statements within the inquest process, offering practical insight into effective drafting and the importance of clarity, consistency and proportionality.

Effective evidence gathering is fundamental to how an inquest unfolds and how organisations are ultimately represented. In this first episode, Georgia Ford, Lizzie Turner and Lucy Houston discuss the practical realities of gathering evidence, from the early stages through to disclosure, and the importance of following a clear and defensible process.

They examine the status of interviews and accounts produced during internal investigations, including when and why they may be disclosable at inquest and how tests of relevance and fairness are applied. Attention then turns to the duty of disclosure under Schedule 5, highlighting common issues that arise and how organisations can approach evidence gathering in a way that is thorough, proportionate and fair.

Could joint ventures and partnership working models be the key to delivering a successful 10-year healthcare plan?

In the next episode of our podcast series, we explore how partnerships and joint ventures are legally and strategically essential to delivering the 10 year health plan. By enabling the sharing of resources, risks, and rewards these collaborative models provide the clarity and accountability needed to drive sustainable solutions.

Our host Andrew Rowland is joined by Rashpal Sarkaria and Stephen Dove, both partners in our corporate and commercial team. Together they discuss how effective partnership working can underpin the three big shifts in healthcare and ensure the long-term ambitions of the healthcare plan are achieved. This conversation highlights why partnerships and joint ventures are not simply optional but vital in building a resilient and future-focused health system.

Stay tuned for our next episode – coming soon.

What are the workforce implications of the NHS’s 10-year health plan? In our latest podcast episode, we explore how HR leaders at the heart of delivering the plan can prepare for the challenges ahead, including the imminent arrival of the 10 year workforce plan.

In this episode, our host Andrew Rowland is joined by Capsticks Head of Employment Healthcare practice Sian Bond. Together they discuss four key topics that will be vital to the successful delivery of the plan.

Tune in to hear insights on:

• Headcount versus capability

• Contract reform and incentives

• Retention and staff experience

• AI, tech and role redesign

Stay tuned for our next episode focusing on joint ventures and partnership working – coming soon.

What does the NHS’s 10-year health plan mean for digital transformation, data, and AI in healthcare?

Listen to Part 2 with our host Andrew Rowland alongside Capsticks lawyers Andrew Latham, and Tana Dryden-Strong as they continue the discussion around health, data and future opportunities and risks of AI in healthcare.

Tune in to hear insights on:

• AI and predictive analytics in preventative care
• Addressing health inequalities
• Data protection and cyber security

Stay tuned for our next episode – focusing on employment law and people matters.

What does the NHS’s 10-year health plan mean for digital transformation, data, and AI in healthcare?

In this episode, our host @Andrew Rowland is joined by Capsticks lawyers @Andrew Latham, and @Tana Dryden-Strong as they discuss the opportunities and risks of AI in healthcare — from productivity gains to the legal and compliance challenges.

Tune in to hear insights on:

• The future of data driven healthcare

• Potential governance issues and legal liabilities

• Compliance in a fast-paced digital landscape

This is the first in a two-part series exploring how digital revolution meets regulation in healthcare.

Welcome to Episode 2 of our “GP practices and how to keep ahead in the running of your practice” series. Puja Solanki; Legal Director; and Rebecca Reynard of GP Surveyors continue their insightful conversation, turning the spotlight on the complex topic of property ownership and lease requirements for GP practices.

In this second episode, they explore:

• Key considerations around property ownership

• Lease requirements and what they mean for practices

This series will be particularly valuable for GP practices seeking expert insight on optimising partnership and property documentation, getting their practice in good order, and knowing when to seek specialist legal and valuation advice.

In our new podcast series, “GP practices and how to keep ahead in the running of your practice”. Puja Solanki; Legal Director; and Rebecca Reynard of GP Surveyors explore the key operational and legal issues that impact GP practices and the steps practices can take to stay ahead.

In this first episode, they discuss:

• Succession planning challenges

• Partnership deed and declaration of trust issues

• Valuation complications and solutions

This series will be particularly valuable for GP practices seeking expert insight on optimising partnership and property documentation, getting their practice in good order, and knowing when to seek specialist legal and valuation advice.

Welcome to the second Episode in our Consumer Standards Regulations series.

In our second episode, our experts Daniel Fitzpatrick, Legal Director, and Darren Hooker, Partner and Head of our Social Housing Governance Team, are joined by Jonathan Driscoll, Assistant Director of Engagement at the Regulator for Social Housing.

Together they discuss the following:

• How the role of the regulator has evolved

• What it expects of Social Landlords in particular Local Authorities.

• Issues around Tenant’s complaints procedures and self-referral.

• Best practice for Social Landlord’s when engaging with the Regulator and what outcome can they expect.

The NHS 10-Year health plan is here—and with it, a lot to explore.

In our new podcast series, 10 years in less than 10 minutes, our specialist healthcare lawyers discuss the key themes shaping the future of the NHS, outlining the implications of major shifts towards transformation, and preparing for change.

In this first episode, we hear from Andrew Rowland and Mary Mundy as they discuss the central themes emerging from the plan, including:

 • The growing role of digital healthcare and AI

• A renewed focus on community-based care

• The accessibility of capital investment

• Why good governance matters more than ever

 Listen out for future episodes where we take a closer look at each theme, providing practical guidance along the way.

 Get in touch to find out more.

In our new podcast series, The Consumer Standards Regulations, our expert legal team, Daniel Fitzpatrick, Legal Director, and Darren Hooker, Partner and Head of our Social Housing Governance Team explore the evolving role and impact of the Regulator for Social Housing.

 In this first episode they discuss:

• The background to the Regulator

• Increased powers and mandate for investigation

• How the regulator carries out inspections and judgements

• The inspection process and what information should be provided

Welcome to episode 4 in our MHPS 20th Anniversary podcast series.

To mark the anniversary of the introduction of MHPS, Laura Horovitz, Legal Director in the Employment and Pensions Division, has teamed up with special guest, Mark Sutton KC from Old Square Chambers, to record a podcast series on MHPS.

Focussing on some of the most challenging issues in MHPS, each podcast will provide insights into the underpinning law and principles, and advice on how to navigate such issues in practice. Laura and Mark will explore MHPS through relevant case examples, providing legal viewpoints and practical considerations for anyone who has an interest in, or wants to know more about MHPS.

In episode 4 of the MHPS podcast series, Laura Horovitz and Mark Sutton KC discuss what happens when there is a breakdown of working relationships between a doctor and their colleagues, exploring leading cases in this area and offering practical tips for dealing with such scenarios.

Join Laura Horovitz and Mark Sutton KC for episode 3 of the MHPS podcast series, where the conversation turns to parallel proceedings and the circumstances in which an MHPS can proceed alongside concurrent criminal or regulatory proceedings.

In this episode Laura and Mark look at relevant case examples, and provide clear guidance for listeners on how to proceed in the event that a doctor faces multiple proceedings at the same time.

Welcome to the episode 2 in our MHPS 20th Anniversary podcast series.

To mark the anniversary of the introduction of MHPS in 2003, Laura Horovitz, Legal Director in the Employment and Pensions Division, has teamed up with special guest, Mark Sutton KC from Old Square Chambers, to record a podcast series on MHPS.

Focussing on some of the most challenging issues in MHPS, each podcast will provide insights into the underpinning law and principles, and advice on how to navigate such issues in practice. Laura and Mark will explore MHPS through relevant case examples, providing legal viewpoints and practical considerations for anyone who has an interest in, or wants to know more about MHPS.

​​In episode 2 of the MHPS podcast series, Laura and Mark outline the what, when and why of disclosure obligations in an MHPS process. They will consider how this applies in a number of scenarios and offer practical tips for anyone having to contend with disclosure obligations in an MHPS process.

Welcome to the episode 1 in our MHPS 20th Anniversary podcast series.

​To mark the anniversary of the introduction of MHPS in 2003, Laura Horovitz, Legal Director in the Employment and Pensions Division, has teamed up with special guest, Mark Sutton KC from Old Square Chambers, to record a podcast series on MHPS.

Focussing on some of the most challenging issues in MHPS, each podcast will provide insights into the underpinning law and principles, and advice on how to navigate such issues in practice. Laura and Mark will explore MHPS through relevant case examples, providing legal viewpoints and practical considerations for anyone who has an interest in, or wants to know more about MHPS. 

In episode 1, Laura and Mark introduce series, starting off with an in-depth discussion about the contractual position of MHPS and why it is important to understand when a clause is contractual or not. They consider the legal tests used to determine if a provision of MHPS is mandatory, they look at various scenarios and case examples to bring this to life, and conclude with some practical insights for those involved in MHPS processes.

Pregnancy and baby loss is often a taboo subject and we want to help to break the silence so we've recorded two very special and personal podcasts that you can listen to wherever, and whenever, you would like to. In this podcast, Rachael talks to Rod Fripp, IT Director, about his experience of baby loss.

Pregnancy and baby loss is often a taboo subject and we want to help to break the silence so we've recorded two very special and personal podcasts that you can listen to wherever, and whenever, you would like to.

In this podcast, Rachael talks to Gemma Vaites, Director of BD and Marketing, about what baby loss awareness week means to her, having experienced multiple miscarriages.

In this podcast our Head of Real Estate Sam Hopkins discusses refinancing of GP surgery premises with Ian Crompton of Primary Care Finance.

Join Ian as he provides an all-important update on current market conditions and interest rates, followed by Sam and Ian in conversation about the most common barriers to completion, providing some top tips on how best to navigate these.

This podcast will be particularly helpful to any GP practices who are considering refinancing their surgery premises.

Welcome to the first Capsticks Claims Handling Podcast.

Are you targeting a reduction in the costs of dealing with claims and are you looking to improve the quality of your data to drive learning from claims? If you have ever wondered what working with the Capsticks Claims Handling Service is like and how that might help your organisation then we would recommend listening to this insight from a client’s perspective.

In this podcast Gerard Aston, Partner and Head of the Claims Handling Service speaks with Zaki Kramer, Deputy Director for Quality, Risk & Trust SIRO at Royal National Orthopaedic Hospital NHS Trust to discuss: 

• What to prioritise when it comes to supporting clinicians.
• How learning from claims is shared and what really works.
• What it’s really like working with the Capsticks Claims Handling team.

Welcome to Capsticks' latest podcast, where our legal team provide a summary of the new Police (Conduct)(Amendment) Regulations 2024, which implement the first tranche of legislative reforms to the police misconduct, vetting and performance systems that come into force on 7 May 2024.

Exploring the new Regulations, along with observations about the legal and practical considerations for policing, Anna Semprini and Louise Ravenscroft discuss: 

• the primary amendment to the composition of misconduct panels, giving responsibility for chairing proceedings for non-senior officers to chief officers (removing Legally Qualified Chairs);
• the potential challenges of implementing the changes, which could impede the timeliness of proceedings rather than improve efficiency and fairness;
• the clarity still required in the shape of Home Office guidance, which has yet to be finalised or shared with all stakeholders; and
• what happens next – and how we can help.

In the next instalment our legal team will be joined by Detective Chief Superintendent Michael Allen, Head of the Professional Standards Directorate at Greater Manchester Police, to review the challenges faced by forces adapting to the new Regulations, how they’ve been addressed by GMP, as well as looking ahead to Tranches 2 and 3, the first of which is expected in September 2024.   

Listen on demand to episode 6 of Capsticks' Security Charging podcast series in which our expert legal team give Registered Providers practical guidance on the charging process.

In this episode, Susie Rogers, Sarah Darvell and Lucy Bradbury discuss: 

• what pre-charging and rolling charging involve;
• what their respective benefits are; and
• how to decide which approach to take.

Listen on demand to episode 5 of Capsticks' Security Charging podcast series in which our expert legal team give Registered Providers practical guidance on the charging process.

In this episode, Susie Rogers and Sarah Darvell are joined by guest speaker Yogeta Partridge of Rydeo Consulting to discuss:

• why collaboration between land, development and treasury teams is vital to help the sector meet its goals; and
• why collaboration is just as important within individual law firms working in the sector.

Listen on demand to episode 4 of Capsticks' Security Charging podcast series in which our expert legal team give Registered Providers practical guidance on the charging process.

In this episode, Susie Rogers, Sarah Darvell and Lucy Bradbury go back to basics, and discuss:

• where RPs should start when putting properties in to charge;
• how long the process takes (and how to speed that process up); and
• what we do as lawyers, and what the RP needs to do themselves

In episode 3, Mary is joined by Rachael Ellis, Scan4Safety Programme Director at Hull University Teaching Hospitals NHS Foundation Trust. As well as sharing aspects of her current role, Rachael describes how she has overcome barriers in order to pursue her career ambitions.

We hear how Rachael has drawn upon positive and negative experiences to shape and influence those around her, particularly when it comes to behaviours, finding allyship and inspiring others to be ambitious.

Passionate about the written word, Rachael provides listeners with a unique take on 'empowerment’ and what it means to her.

The Empowercast features honest conversations and the sharing of experiences, and we hope you enjoy and benefit from the words of wisdom shared in this episode.

Welcome to our latest podcast on the Procurement Act 2023. In this brief update, Mary Mundy and Katrina Day select the top game changers within the new procurement legislation, providing a clear and useful guide to help you prepare for the essential obligations and significant changes.

This podcast will be of interest to all procurement professionals working across the public sector and anyone procuring for, or delivering public contracts.

The discussion will include:

• Top 6 game changers you should be aware of
• The impact of those changes
• Practical tips about preparing for the new legislation
• How we can help

Welcome to our NHS Projects Podcast which is part of our Estates Essentials series. Each episode will include a deep-dive discussion into NHS infrastructure projects, providing you with all the latest updates and insights to help you stay ahead of key developments.

In episode one, join Matthew Hunter and Lee Clarke as they reflect upon progress of the New Hospital Programme, including the delivery of successful and ongoing projects,  availability of capital funding and potential challenges in unsettled conditions.

The discussion will include:

• Current state of play with the New Hospital Programme
• Availability of funding and models being applied
• Challenges and future developments
• Insolvency of contractors

This podcast will be of interest to anyone who is in involved in the delivery, planning or financing of NHS infrastructure projects.

Welcome to our latest podcast where our legal team discuss the recently published draft regulations for the NHS Provider Selection Regime (PSR), which comes into force on 1st January 2024.

Join Mary Mundy and Peter Edwards as they outline the key changes within the PSR and how this will shape the future of health services being procured and awarded.

This podcast will be of interest to anyone who provides health care services and those involved in awarding contracts for health care services in the NHS and Local Authorities.

The discussion will include:

• The key changes that the Provider Selection Regime will bring;
• How the Provider Selection Regime will shape the way in which health services are procured and awarded; and
• How to plan ahead for 2024.
• How we can help

Looking for something in particular? Skip ahead

1:06: Intro and when PSR comes into force, what and who it applies to

3:20: When the provider Selection Regime will kick in and apply depending on when the award process has started

5:45: Procurement Principles

6:30: What we see as the game changers

7:03:Overview of the direct award processes

9:02: Considerable change threshold to be applied to work out whether a relevant authority could use Direct Award Process C

10:03: Most Suitable Provider Process and Competitive Process

10:43: Notice requirements (for contract award and notice of intention to award)

12:02: What can happen during standstill

13:21: What information has to be recorded by a relevant authority and that aggrieved providers might ask for

15:31: Representations process during standstill

17:15: Notice requirements for Most Suitable Provider Process

18:49: Notice requirements for competitive process

20:40: Our views on the processes and aspects of the regime that should be noted

22:17: Details of the Independent Review Panel

24:00: Details on Conflicts of interest

27:04: Annual summaries to be published and monitoring requirements

28:36: How can people plan for the PSR?

Welcome to our latest podcast where our real estate legal team discuss the key proposals in relation to the Renters (Reform) Bill and how these changes could have a significant impact on NHS staff accommodation.

The changes are yet to be introduced, but in this podcast we will cover:

• The key proposals and changes
• Potential impact for NHS organisations who provide staff accommodation
• What NHS organisations should do at this stage
• What happens next – and how we can help

In episode 3 of our security charging podcast series, our Capsticks experts talk about how to make your charging project pain-free. With a focus on what you can be doing in advance to avoid valuation reductions and/or delays once funders are involved, we consider:

• The pros and cons of pre-charging projects
• How to avoid duplication of costs
• What to do if there is a sudden and expected need for security, and no preparatory work has been done

Episode 2 of the Capsticks’ security charging podcast series looks at planning issues in greater depth.  Capsticks’ Head of Planning, Suzanne Smith, chats with Susie Rogers about:

• what planning documents are relevant and why

• the implications of any restrictions in those documents

• hints and tips to achieve the best valuations

Welcome to episode 1 of Capsticks' latest podcast series in which our expert legal team provide you with guidance and suggestions on security charging - focusing on maximising values whilst making the process as quick and easy as possible.

Whilst exploring some common themes and considering both the legal and practical implications, Susie Rogers, Suzanne Smith and Lucy Bradbury will discuss:

• How to maximise values
• Planning considerations
• Ensuring pain-free security charging

Welcome to Capsticks' latest podcast, where our legal team provide first response perspectives of the preliminary hearing for Module 3 of the Covid Inquiry which took place on 28th February 2023.

Exploring the facts and findings, along with observations about the legal and practical considerations for the healthcare sector, Francis Lyons and Hugh Giles will discuss:

• Summary points from the preliminary hearing
• Predictions for the focus and scope of the full hearing
• Essential preparation if you are core participant or called as a witness
• What happens next – and how we can help

Welcome to Capsticks’ new Procurement Bill podcast. These podcasts are to help procurement teams in contracting authorities and bidders to navigate the expected changes under the Procurement Bill, providing practical tips on the implications of the changes. The podcasts relate to the first draft of the Procurement Bill and we know the final version of the procurement legislation may be different – we will provide updates.

This episode is delivered by Katrina Day (legal director) and Anjli Vyas (principal associate) who specialise in public procurement; explaining how to make direct awards under the new legislation.