Capsticks LLP > Birmingham, England > Firm Profile
Capsticks LLP Offices
1 Temple Row
BIRMINGHAM
B2 5LG
England
Capsticks LLP > The Legal 500 Rankings
Public sector > Health Tier 1
A team of the ‘highest calibre’, Capsticks LLP fields practitioners who are ‘leaders in the healthcare sector’. It undertakes a substantial array of matters in the healthcare field, ranging from new hospital developments to inquests and clinical negligence claims, as well as corporate acquisitions and disposals. The team is led by Henry Matveieff, who possesses vast experience regarding real estate matters, with the capacity to handle multi-site rationalisations, hospital redevelopments and pharmacy work, among other areas. Strengthening the practice is Amy Holden, who has experience of all aspects of healthcare law, including best interest decisions around medical treatment and treatment withdrawal, while Charlotte Rathbone routinely handles claims that involve severe neurological injuries and is also experienced in alternative dispute resolution (ADR).Practice head(s):
Henry Matveieff
Other key lawyers:
Testimonials
‘Leaders in health sector work.’
‘My experience with Capsticks has been very positive. They are organised, responsive and on top of their cases. I have found the Capsticks solicitors to be calm under pressure, and able to work in a pragmatic and effective manner to secure the best outcome for the client.’
‘Specialist practitioners of the highest calibre.’
‘They really are true experts in this field. They are also approachable, personable and down to earth, which means that they really strike strong client relationships and rapport with witnesses in the litigation (and often in extremely difficult cases).’
‘What this team don’t know about healthcare isn’t worth knowing… They provide pragmatic, proportionate, responsive reassuring support.’
‘Capsticks are different, they combine expertise in the health sector with a bespoke approach and their client care is genuine.’
‘Each member of the team is known to me – I value their willingness to provide client support, not simply impart legal advice.’
‘There is always good communication between the team working on a particular case, with both partners and more junior members working together seamlessly. They work well with clients and listen to and act upon advice given.’
Key clients
Kettering General Hospital NHS Trust
NHS England
Worcester Acute Hospitals NHS Trust
NHS Resolution
Department of Health and Social Care
Sandwell and West Birmingham Hospital NHS Trust
Birmingham Women’s and Children’s NHS Foundation Trust
Arden & GEM CSU
The Royal Wolverhampton NHS Trust
Leicester Partnership NHS Trust
West Suffolk Hospitals NHS Trust
Midlands Partnership NHS Foundation Trust
Nottingham and Nottinghamshire ICB
General Dental Council
Nursing and Midwifery Council
Milton Keynes University Hospitals NHS Foundation Trust
Birmingham Community Healthcare NHS Foundation Trust
Northampton General Hospital NHS Trust
GenesisCare
Derby and Derbyshire ICB
Oxford Health NHS Foundation Trust
Gloucester Health and Care NHS Trust
Kettering General Hospital NHS Trust
University Hospitals of North Midlands NHS Foundation Trust
Work highlights
- Advising Kettering General Hospital NHS Foundation Trust in relation to a £700m redevelopment of its hospital as part of the Government’s flagship New Hospital Programme.
- Advising NHS Resolution and the Trust in connection with a claim for fundamental dishonesty. The underlying claim related to an alleged delay in diagnosis and treatment of cauda equina syndrome, causing a severe restriction in mobility. Successfully defended the multi-million pound claim and no damages were paid.
- Advising NHS England on the parameters for spending £900m allocated as part of the Estates and Transformation Fund, the biggest public sector investment in GP premises for the past 20 years, and in particular, the provisions of financial grants to GPs to improve their surgery premises and develop new surgery premises.
Dispute resolution > Professional discipline Tier 1
Fielding 'practitioners who are extremely experienced in professional discipline', Capsticks LLP‘s regulatory division is consistently mandated by statutory regulators, in relation to the preparation and presentation of professional disciplinary cases. Mark WhitingPractice head(s):
Mark Whiting; James Penry-Davey
Other key lawyers:
Kate Steele; Nimi Bruce; Nicole Curtis; Mark Rogers; Ian Brook; Keziah Pearson; Anna Holdsworth; Jenny Wood; John Tippett-Cooper; Victoria Sheppard-Jones; Cameron Scott; Louisa Atkin; David Collins; Louise Culleton; Hannah Pilkington; Adelita Thursby-Pelham; Katrina Angliss; Louise Wilshire; Louise Ravenscroft; Sophie Sharpe
Testimonials
‘Practitioners who are extremely experienced in professional discipline. This experience has been acquired through work at a range of different bodies – consequently they are able to advise clients to a high level.’
‘The written and preparatory work undertaken by the lawyers at the firm tends to be amongst the most thorough that clients come across. The lawyers are also very easy to work with.’
‘Mark Whiting is hugely experienced in the sector – he blends commerciality with an ability to meet the needs of regulatory clients.’
‘Nicole Curtis is a standout advocate – her advice is accurate, timely, and sets outs the risks and opportunities in the clearest of terms.’
‘Kate Steele is a very capable lawyer and relationship manager. Her advice is incisive, pragmatic and provided with clarity.’
‘Keziah Pearson possesses excellent judgement when it comes to case management.’
‘Capsticks does a brilliant job when representing the SRA. This reflects its all-round expertise in regulatory law.’
‘Nimi Bruce is a strong advocate who is committed to her work.’
Key clients
Solicitors Regulation Authority
Social Work England
Teaching Regulation Agency
Royal College of Veterinary Surgeons
Farriers Registration Council
General Dental Council
General Osteopathic Council
Bar Standards Board
General Chiropractic Council
Nursing and Midwifery Council
Health and Care Professions Council
Work highlights
- Successfully acted for Social Work England in regulatory proceedings against Mr Ottu, who was alleged to have entered into a sexual relationship with a vulnerable service user.
- Acted for the TRA in high- profile proceedings against Ms Dean, in relation to the latter’s sexual relationship with a pupil some 10 years previously.
- Acted for the SRA in Mr El Diwany’s unsuccessful appeal to the High Court against the SRA’s refusal to restore him to the roll.
Insurance > Clinical negligence: defendant Tier 1
Catherine Bennett and Peter Marquand co-lead the ‘fantastic’ clinical negligence team at Capsticks LLP; NHS Resolution is a key client, and the team has maintained its position on the Clinical Negligence Scheme for Trusts and Clinical Negligence Scheme for General Practice panels. The firm has also developed a medical malpractice team representing insurers in claims regarding private surgeons, clinics and hospitals. The team is proactive in engaging with innovative solutions for its clients, from training staff in mediation, to working with the NHS to develop its Early Notification birth injuries scheme. Majid Hassan specialises in claims against GPs, and is extending the team’s expertise regarding private healthcare work. Tamara Knight is particularly experienced regarding multiparty sexual assault claims, alongside psychiatric injuries and fatal claims. Philip HatherallPractice head(s):
Peter Marquand; Catherine Bennett
Other key lawyers:
Philip Hatherall; Ed Mellor; Cassius Box; Majid Hassan; Rebecca Richardson; Gerard Aston; Helen Thackwray; Georgia Ford; Tamara Knight; Charlotte Millar; Ruth Day
Testimonials
‘Capsticks continues to provide an excellent service nationally to defendants facing clinical negligence claims.’
‘Majid Hassan is a particularly impressive practitioner with extensive experience of the interface between clinical negligence and sport, and great commercial awareness.’
‘In my view, Capsticks are the best NHS defendant panel firm bar none. They are extremely well led by Peter Marquand and he has recruited brilliantly. This means that the various teams work efficiently and are well supervised against a background of unrivalled experience in the health litigation field.’
‘Cassius Box is hugely experienced, astute and has excellent judgment. Gerard Aston is a superb supervisor and team leader who gets the best out of those around him.’
‘Excellent legal and clinical knowledge. Efficient and calm. Fantastic and well-deserved reputation and a great team to work with for all manner of clinical negligence allegations.’
‘Professional and knowledgeable, the individuals I work with are always on top of the job, able to contribute usefully on all aspects and excellent to work with. Special mentions to Charlotte Millar (a tireless worker with formidable intellect) and Cassius Box (likewise).’
‘This is one of the foremost practices in the healthcare sector for defendants. They have been in the field for years and have commensurate experience.’
‘Attentive, responsive, adaptive.’
Key clients
NHS Resolution
Imperial College Healthcare NHS Trust
BRIT Insurance
James Paget University Hospitals NHS Foundation Trust
London Ambulance Service NHS Trust
Frimley Health NHS Foundation Trust
MDDUS
Chelsea and Westminster Hospital NHS Foundation Trust
Essex Partnership University NHS Foundation Trust
Howden Specialty Insurance
Axis Insurance
Royal National Orthopaedic Hospital NHS Trust
Western Sussex Hospitals NHS Foundation Trust
Ramsay Healthcare
Royal Brompton and Harefield NHS Foundation Trust
South West London and St George’s Mental Health NHS Trust
South East London CCG
Surrey and Sussex Healthcare NHS Trust
East and North Hertfordshire NHS Trust
Maidstone and Tunbridge Wells NHS Foundation Trust
East Sussex Healthcare NHS Trust
Essex Partnership University NHS Foundation Trust
Fairfield Independent Hospital
Hertfordshire Community NHS Trust
Hertfordshire Partnership University Foundation Trust
Milton Keynes University Hospitals NHS Trust
North Middlesex Hospital NHS Trust
North West Anglia NHS Foundation Trust
Oxleas NHS Foundation Trust
Brighton and Sussex University Hospitals NHS Trust
Camden and Islington NHS Foundation Trust
Central London Community Healthcare NHS Trust
East of England Ambulance Service NHS Trust
London North West University Healthcare NHS Trust
Newline Group
Axis Capital
Beazley Group
Epsom & St Helier University Hospitals NHS Trust
Croydon Health Services NHS Trust
Work highlights
- Successfully defended a case relating to prioritisation of patients for an NHS Trust at trial.
- Successfully defended a multi-million pound birth injury claim for an NHS Trust at trial.
- Advised NHS Resolution and Maidstone and Tunbridge Wells NHS Trust on the compensation scheme for the victims of David Fuller, the maintenance technician who abused corpses in the hospital mortuary.
Real estate > Social housing Tier 1
Covering all elements of housing management and development, the ‘extremely knowledgeable’ Winchester-based team at Capsticks LLP specialises heavily in complex section 106 agreement schemes and leasehold litigation. Leading on the housing management side, Michael Owen delivers an ‘excellent quality of service’ to landlords on succession disputes and anti-social behaviour cases. Spencer Vella Sultana heads up the regeneration offering, with expertise in the preparation of new bids on proposed schemes and ventures. Suzanne Smith is an expert in handling residential and commercial planning applications, and legal director Mike Regan has over 25 years’ experience advising across real estate issues. Principal associate Sarah Christy is knowledgeable on obtaining civil injunctions. Charlotte Rawson rounds out the list of recommended team members.Practice head(s):
Michael Owen; Spencer Vella Sultana
Other key lawyers:
Testimonials
‘A strong team with many pairs of safe hands means that work is turned around quickly, competently and efficiently. Experts in the field who know exactly what they are doing and how to achieve the best outcome for their clients, whether you are dealing with a paralegal, a partner or everyone in between.’
‘Sarah Christy is a joy to work with. Her experience means that she knows exactly what to ask for from her clients in a timely manner and to navigate difficult cases through to excellent resolutions.’
‘Charlotte Rawson is calm and collected, an excellent draftsman with a very firm grip on steering difficult cases to the best outcomes.’
‘Michael Owen steers the Capsticks ship admirably, and his team clearly follow his lead of intelligence, strength and humour.’
‘Michael Owen always makes sure our business interests are protected. Always guides us to make the right decisions, he’s always upfront with costs where other companies have let me down.’
‘Michael Owen – great client care, excellent quality of advice and support, great feedback from my team further to training he has delivered.’
‘The Capsticks housing management team is extremely knowledgeable with genuine sector expertise and knowledge throughout the team. They also have excellent client care skills, are responsive and very much part of the process. They seek at all times to partner with us and build longstanding trusted relationships.’
‘The team are all very approachable, friendly, reliable and provide timely and approachable legal advice and assistance. Importantly, they provide good value for money. There are no weak links. Certainly a formidable team.’
Key clients
Ocean Housing
Sandbourne Housing
Vivid Housing Limited
Aster Group
Westward Housing
The Guinness Partnership Limited
Raven Housing Trust
Paragon Asra Housing Limited
Teign Housing
Selwood Housing Group
Work highlights
- Advised Guinness on a suspected social housing fraud matter.
- Assisted Sovereign with obtaining a youth injunction.
- Successfully represented Aster in opposition to an incorrect claim for council tax payments relating to any-day tenancy properties.
Public sector > Health Tier 1
Counting mental health providers, ambulance trusts, private healthcare providers and GP practices among its key roster of clients, Capsticks LLP handles the full gamut of matters, from corporate and commercial, employment, real estate and regulatory issues to clinical cases and litigation. On the advisory side, Ian Cooper leads the national practice, while ‘exceptional’ Adam Hartrick spearheads the Leeds offering. Rachael Heenan and Lisa Geary are key contacts for employment and real estate matters respectively, while Philip Hatherall oversees defendant clinical negligence cases, dividing his time between London and Leeds. In June 2022, Naomi McMaster’s arrival from DWF boosted the firm’s niche expertise in inquests.Practice head(s):
Rachael Heenan; Lisa Geary
Other key lawyers:
Ian Cooper; Adam Hartrick; Mary Mundy; Philip Hatherall; Alistair Kernohan; Naomi McMaster
Testimonials
‘Adam Hartrick, Ian Cooper and the healthcare advisory team always make time to help and support us. They are friendly, approachable and dependable. They have their finger on the ever-fluctuating pulse of the NHS which is so reassuring. They consider the emotional impact of legal matters on our healthcare providers, in addition to the professional, and it is this human approach that makes them really unique.’
‘Adam Hartrick is a true expert in his field, highly regarded and respected by all. He has a wealth of knowledge and understanding of NHS Acute Healthcare that is invaluable. Adam is always sensitive and compassionate in his approach, recognising the often extreme demands that our healthcare providers are working under.’
‘The team are very approachable, helpful, professional and knowledgeable. The practice have several different departments so can consult with colleagues if the scope of part of the advice required lies outside their area of expertise, which can be really helpful.
‘The team are always available to provide advice and support on complex matters.’
‘Adam Hartrick is exceptional, he always provides excellent timely advice in practical terms. We very much value the support that Adam provides to our Trust and would recommend him unreservedly.’
‘Good experience of the challenges the sector faces and opportunities to navigate through them.’
‘Adam Hartrick and his team are our first choice for mental health legislation advice – they have a wealth of knowledge and experience, are responsive and easy to work with and their excellent clinical insight means they offer sensible workable solutions.’
‘Adam Hartrick is a hard worker and always generous with his time. Adam’s gentle, approachable manner belies his astute ability to get to the heart of a problem and and offer carefully considered solutions guided by his many years supporting NHS trusts. Adam is our go-to lawyer.’
Key clients
NHS England
North Tees and Hartlepool NHS FT
Hull University Teaching Hospitals NHS Trust
NHS West Essex Integrated Care Board
West Suffolk NHS Foundation Trust
Northumbria Healthcare NHS FT
Rotherham Doncaster and South Humber NHS FT
Southport and Ormskirk Hospitals NHS Trust
South Central Ambulance Service NHS Foundation Trust (SCAS)
Kettering General Hospital NHS Foundation Trust
Hillingdon Hospitals NHS Foundation Trust
Greater Manchester Mental Health NHS FT
Humberside LMC
Various GP practices (over 50)
Methodist Church of Great Britain
South Yorkshire Integrated Care System
James Paget University Hospitals NHS Foundation Trust
Leeds Community Healthcare NHS Trust
Derbyshire Community Health Services NHS Foundation Trust (DCHS)
Gateshead Health NHS Foundation Trust
Sheffield Children’s NHS Foundation Trust
Barnsley Hospital NHS Foundation Trust
Sheffield Health and Social Care NHS Foundation Trust (“SHSC”)
Kingston Hospital NHS Foundation Trust
Affinity Trust
Croydon Health Services NHS Trust
Salford Primary Care Together CIC
Yorkshire Ambulance Service NHS Trust
Northern Lincolnshire & Goole NHS Foundation Trust
Work highlights
- Assisted Derbyshire Community Health Services NHS Foundation Trust with the deployment of staff across the Integrated Care System Joined Up Care Derbyshire and across a variety of health and social care organisations.
- Advising the South Central Ambulance Service NHS Foundation Trust on the implications of the decision by the Secretary of State for Health and Social Care and NHS England to terminate the service contract in place with client to provide the National Pandemic Flu Service and related Covid-19 services.
- Representing NHS Resolution and a Trust in a claim for fundamental dishonesty relating to an alleged delay in diagnosis and treatment of cauda equina syndrome causing a severe restriction in mobility.
Insurance > Clinical negligence: defendant Tier 2
The ‘extremely competent’ team at Capsticks LLP is part of a strong national offering. It is ‘always willing to go that extra mile to help us’ say clients. Charlotte Rathbone regularly works on clinical negligence claims on behalf of NHS trusts and GPs on instruction from NHS Resolution. Rathbone frequently handles claims involving the most severe neurological injuries and has a particular interest in obstetric cases. Lucy Erskine specialises in complex neurological injuries and has particular expertise in obstetric and wrongful birth claims. London-based Peter Marquand is also recommended.
Practice head(s):
Charlotte Rathbone; Peter Marquand; Lucy Erskine
Other key lawyers:
Alice Eastwood; Natalie Walter; Ruth Day; Helen Ayers
Testimonials
‘Specifically in the West Midlands the partner I have worked with is Lucy Erskine. She is extremely able’.
‘Absolutely superb team — a real pleasure to work with’.
‘The team at Capsticks are reliably good at what they do. They know the field well and this shows itself in their sensible approach to questions of case strategy.’
‘Alice Eastwood deserves a mention – we had a very interesting case together. It was a challenging case for a number of reasons, but made much easier by Alice’s good sense!’.
‘I was instructed by Natalie Walter. Natalie’s preparation of the case was excellent. She was a good sounding board to discuss strategy, and put the client in the best position possible for the mediation’.
‘Charlotte Rathbone (partner) and Natalie Walter (senior associate). Strong group working on cases at the very highest end of complex healthcare litigation, in terms of both quantum and legal complexity.’
‘Capsticks is one of the leading clin neg practices. Ruth Day is outstanding’.
‘I have worked with a number of individuals at Capsticks and they are always very approachable and really switched on. It is always a pleasure to work with the clinical negligence team. In particular, Lucy Erskine and Helen Ayers stand out’.
Key clients
NHS Resolution
Milton Keynes University Hospital NHS Foundation Trust
Worcestershire Acute Hospitals NHS Trust
Northampton General Hospital NHS Trust
Kettering General Hospital NHS Foundation Trust
James Paget University Hospitals NHS Foundation Trust
East of England Ambulance Service NHS Trust
North West Anglia NHS Foundation Trust
Bolton NHS Foundation Trust
Bradford Teaching Hospitals NHS Foundation Trust
Northern Lincolnshire & Goole NHS Foundation Trust
North East Ambulance Service NHS Foundation Trust
Royal National Orthopaedic Hospital NHS Trust
Western Sussex Hospitals NHS Foundation Trust
Frimley Health NHS Foundation Trust
London North West University Healthcare NHS Trust
Work highlights
- Advised NHS Resolution in connection with a claim based on alleged delay in diagnosing / treating cauda equina syndrome. The matter was discontinued by the Claimant following the team’s investigations which revealed that they had been fundamentally dishonest regarding the extent of the injuries.
- Represented NHS Resolution and a Trust at the inquest and in the claim concerning the death of a young mental health service user following a fatal overdose of heroin. The fatal accidents claim was settled within a matter of months after the Letter of Claim was served by the family.
- Represented NHS Resolution and a Trust at the inquest and in the claim concerning a birth injury due to Kiellands rotational forceps delivery. The birth injury resulted in paralysis from the neck downwards and the baby sadly passed away at 4 months of age. Following the inquest, liability was admitted and the Trust attended a mediation in order to resolve the matter for the family as soon as possible.
Public sector > Healthcare Tier 2
Exhibiting ‘clear knowledge and understanding‘, Capsticks LLP‘s team handles the full spectrum of issues, notably, hospital redevelopment projects, and the termination of NHS PFI contracts, in addition to defending NHS employers in claims before the Employment Tribunal. Practice head Andrew Rowland utilises his employment background and ‘unrivalled experience‘ to advise NHS employers and NHS England on strike action, whisteblowing claims, and injunctive proceedings. Peter EdwardsPractice head(s):
Andrew Rowland
Other key lawyers:
Francis Lyons; Stephen Tainsh; Sunita Raja, Peter Edwards; Dylan Young
Testimonials
‘What makes Capsticks unique is their ability to clearly walk you through complex legal structures and requirements. They explain implications and lay out options in a way that can be clearly understood by their clients. With Capsticks you feel as though they are genuinely in it for you and want you to be successful.’
‘It’s their partnership approach which makes the team stand out. They are always on hand, incredibly responsive, and provide comfort with their advice and knowledge. The whole team were great, however Dylan Young stands out. Exceptional delivery.’
‘The advice I had was very helpful and the response was quick and timely. The responsiveness and readiness to help gave a good impression.’
‘The team demonstrates clear knowledge and understanding.’
‘They have provided high-quality and timely advice consistently. This is underpinned by their understanding of the complexities, challenges and opportunities that face NHS organisations. Their advice is excellent, providing both a clear legal position and proposed pragmatic solutions. They are the go-to legal firm for complex legal issues facing the NHS.’
‘Andrew Rowland has an unrivalled experience of employment law in the NHS. He understands both the big picture and practical issues at provider level, whether complex issues relating to industrial action legislation or individual employment relations issues. I highly value Andrew’s clear and pragmatic advice at both trust and national level.’
Key clients
Kettering General Hospital NHS Foundation Trust
Oxford Health NHS Trust
NHS England
NHS Employers
University Hospitals Sussex NHS Foundation Trust
NHS West Essex Integrated Care Board
North Middlesex University Hospital NHS Trust
South London & Maudsley NHS Foundation Trust
West Suffolk NHS Trust
Oxford University Hospital NHS Trust
Work highlights
- Advised Maidstone and Tunbridge Wells NHS Trust, NHS Resolution, and Department of Health and Social Care on the compensation scheme for the victims of the maintenance technician who abused corpses in the hospital mortuary.
- Advised North Middlesex University Hospital NHS Trust on the delivery of phased redevelopment.
- Represented North West London Integrated Care Board in a procurement challenge, providing advice on the strength of the challenge and the client’s options, and preparing correspondence seeking to deter a court claim.
Real estate > Social housing: local authorities and registered providers Tier 2
The housing and regeneration practice at Capsticks LLP boasts a well-established team and an increasing number of registered providers that it supports on bespoke private developments. Practice head Chimi Shakohoxha specialises in property development, joint ventures, regeneration, and mixed-use developments for private and public sector housing, and he is supported by James Howard, who advises a wide range of registered providers on land and development acquisitions and stock rationalisation. With its background as a healthcare firm, the practice is uniquely positioned to advise on the collaboration between NHS healthcare trusts and housing associations; in 2022, the team noted an increased interest from both developers and investors in supported living. The practice’s fast-growing housing management group, spearheaded by Michael Owen, saw a growing number of disrepair matters. The group is involved in other recent sector developments, such as sustainability-linked funding and stock transfer to for-profit registered providers, led by Susie Rogers, head of the treasury and portfolio team. Sarah Waite left the firm in January 2023.Practice head(s):
Chimi Shakohoxha; Michael Owen
Other key lawyers:
James Howard; Susie Rogers; Abi Condry; Nalton Stembari
Testimonials
‘Excellent understanding of the unique elements of the registered provider development sector.’
‘James Howard and his team are very open, approachable, responsive, and are able to explain complex real estate issues in plain language.’
‘Always look to solve problems in advance of them happening; preventing most issues from taking place beforehand is a skill and takes experience and sector knowledge.’
‘Honest, straightforward approach in plain English for all the people they interact with.’
‘The responsiveness and quality of service is excellent. Flexible, pragmatic, and commercial.’
‘A very good balance of thoroughness and commercial flexibility.’
‘I have always found the Capsticks team highly engaged with its clients with a real depth of knowledge of the individual circumstances of its clients. They are innovative and solution focused. The Capsticks team is diverse, but a common trait is a focus on client satisfaction and delivering quality work in a collaborative way.’
‘Chimi Shakohoxha is highly engaged and innovative in his approach. He fosters great collaborative working relationships with clients. Chimi can be relied on for an informal opinion at early stages of project initiation.’
Key clients
Orbit Group
Eastlight Community Homes
London & Quadrant Group
Optivo
Local Space
Clarion Housing Association
Spurgeon’s College
Metropolitan Thames Valley Housing Association
Southern
Shepherds Bush Housing Association
Work highlights
- Supporting Optivo qith the preparation of 2,544 units for security charging and working with the client on the uplifting of the values of the remaining units to MV-STT where appropriate.
- Advised London & Quadrant on the transfer of 546 units to another registered provider, giving detailed advice on transfer of the procurement process and section 20 consultation, key data protection, and TUPE concerns, as well as the issue of missing tenancy agreements.
- Assisted Orbit Group with negotiating two separate agreements regarding an acquisition of land and 55 units to be constructed in a package deal.
Insurance > Clinical negligence: defendant Tier 2
Capsticks LLP has an established presence in representing major public sector clients, with the team having recently been active in relation to a number of major inquests. The firm continues to innovate, developing key capacities through associate Lucy Harding’s involvement in NHSR’s Early Notification Scheme and Keith Blundred’s leading work on Covid-related claims. Philip Hatherall heads up the practice, and brings a specialism in group litigation to the team. Other lawyers of note include Ian Cooper, who takes the lead on private healthcare issues; Adam Hartrick, who has a focus on issues relating to mental capacity; and Dominic Ip, who works on birth injury, wrongful birth, and neurological injury claims.Practice head(s):
Philip Hatherall
Other key lawyers:
Lucy Harding; Adam Hartrick; Ian Cooper; Dominic Ip; Keith Blundred; Ruth Day
Testimonials
‘The two individuals who stand out in Leeds are Dominic Ip and Ruth Day. Most recently, I have worked with Ruth Day on a difficult but important issue to the indemnifier of clinical negligence claims. At short notice she dealt with the necessary liaison and interaction with the claimant’s team and the court will true aplomb.’
‘Very experienced team with strength in depth.’
‘Ruth Day is superb: great with clients, excellent judgment, good knowledge of law and applies it to good tactical effect.’
‘Dominic Ip and Keith Blundred are excellent partners.’
‘I find them efficient, experienced and easy to work with.’
‘Great experience in the field of clinical negligence, good relationships with their clients, and good communication with experts and clinicians. Ruth Day is extremely experienced and easy to work with.’
‘The firm has a unique focus on providing a full spectrum service to providers and regulators in the health and social care sphere.’
‘Philip Hatherall has outstanding experience in dealing with sensitive claims arising out of non-recent mistreatment and abuse of patients in clinical settings. He is good strategist, able to steer a course through arduous negotiations to the desired outcome.’
Key clients
NHS Resolution
Bolton NHS Foundation Trust
Bradford Teaching Hospitals NHS Foundation Trust
Northern Lincolnshire & Goole NHS Foundation Trust
Rotherham NHS Foundation Trust
Leeds and York Partnership NHS Foundation Trust
Yorkshire Ambulance Service NHS Trust
North East Ambulance Service NHS Foundation Trust
Humber Teaching NHS Foundation Trust
Royal National Orthopaedic Hospital NHS Trust
Sheffield Teaching Hospitals NHS Foundation Trust
Hull University Teaching Hospital NHS Trust
Barnsley Hospital NHS Foundation Trust
Calderdale and Huddersfield NHS Foundation Trust
Western Sussex Hospitals NHS Foundation Trust
Ramsay Healthcare
Royal Brompton and Harefield NHS Foundation Trust
Royal National Orthopaedic Hospital NHS Trust
South West London and St Georges Mental Health NHS Trust
South East London CCG
Surrey and Sussex Healthcare NHS Trust
Western Sussex Hospitals NHS Foundation Trust
South West Yorkshire Partnership NHS Foundation Trust
East and North Hertfordshire NHS Trust
East Sussex Healthcare NHS Trust
Epsom and St Helier University Hospitals NHS Trust
Essex Partnership University NHS Foundation Trust
Fairfield Independent Hospital
Hertfordshire Community NHS Trust
Hertfordshire Partnership University Foundation Trust
Imperial College Healthcare NHS Trust
London Ambulance Service NHS Trust
Milton Keynes University Hospitals NHS Trust
North Middlesex Hospital NHS Trust
North West Anglia NHS Foundation Trust
Oxleas NHS Foundation Trust
Brighton and Sussex University Hospitals NHS Trust
Camden and Islington NHS Foundation Trust
Central London Community Healthcare NHS Trust
Chelsea and Westminster Hospitals NHS Foundation Trust
Croydon Health Services NHS Trust
James Paget University Hospitals NHS Foundation Trust
North West Anglia NHS Foundation Trust
Chesterfield Royal Hospital NHS Foundation Trust
East of England Ambulance Service NHS Trust
Frimley Health NHS Foundation Trust
London North West University Healthcare NHS Trust
Work highlights
- Represented an NHS Trust in a multi-million pound claim relating to a baby with brain damage.
- Represented NHS Resolution in a claim based on alleged delay in diagnosing and treating cauda equina syndrome.
- Acted for NHS Resolution under its flagship Early Notification Scheme for birth injury claims.
Employment Tier 4
The employment team at Capsticks LLP has ‘unparalleled experience in the healthcare sector and knows how to litigate employment matters concerning NHS trusts’. Clients include the NHS and private healthcare providers along with clients in the emergency services, medical technology and the housing and social care arenas. At the Birmingham office, Chloe Edwards and Raj Basi are well regarded. Raj Chahal is also recommended and Jonathan Lewis is praised for his ‘timely guidance and support’.
Practice head(s):
Victoria Watson
Other key lawyers:
Chloe Edwards; Jonathan Lewis; John Hatton; Raj Basi; Raj Chahal
Testimonials
‘The Capsticks team is really knowledgeable in the sector, for example with the complexities of medical workforce challenges, but the team is also approachable, friendly and down to earth which supports getting to the nub of issues and advice quickly’.
‘Capsticks’ sector knowledge in employment law is excellent, as is its overall client representation. It is well experienced in NHS employment work‘.
‘John Hatton is thorough and detailed in his preparation and representation of his clients, for example, I’ve seen his input on interlocutory issues that require written representations and those representations are on point and persuasive‘.
‘What this team don’t know about Healthcare isn’t worth knowing… They provide pragmatic, proportionate, responsive reassuring support. It’s crystal clear that they look after and really value their staff living their own values’.
‘Raj Chahal’s no nonsense, reassuring, razor sharp timely approach is impressive’.
‘A genuinely brilliant and likeable group of employment and healthcare sector specialists. They are charismatic, tactical and exceptionally knowledgeable. They work as a team effectively and efficiently to achieve outstanding results for clients nationally. They deal with the full range of employment litigation’.
‘Jonathan Lewis: An outstanding solicitor who is firmly on the partner track. He is a master tactician in complex litigation who carefully navigates difficult cases to achieve excellent results for his clients time after time. Jonathan regularly transforms a weak case into a strong one‘.
‘Jonathan Lewis is a standout associate in the team who will undoubtedly go far – he has a nose for strategy, is unafraid to think laterally about cases, and gets involved in the technical legal nuances engaged in any given matter which other associates might avoid’.
Key clients
Midlands Partnership NHS Foundation Trust
Sandwell & West Birmingham Hospitals NHS Trust
Kettering General Hospital NHS Foundation Trust
Birmingham Community Healthcare NHS Foundation Trust
Solicitors Regulation Authority Limited
Birmingham Women’s and Children’s NHS Foundation Trust
Oxford Health NHS Foundation Trust
Northampton General Hospital NHS Trust
Social Work England
Worcestershire Acute Hospitals NHS Trust
University Hospitals Plymouth NHS Trust
Robert Jones and Agnes Hunt Hospital NHS Trust
Arden and GEM CSU
University Hospitals Leicester NHS Trust
North Bristol NHS Trust
Moorfields Eye Hospital NHS Foundation Trust
Methodist Homes
Cornwall Partnership NHS Foundation Trust
Platform Housing
A2Dominion
East of England Ambulance Service NHS Trust
Work highlights
- Successfully defended a multi-day Tribunal claim of unfair dismissal and disability discrimination arising from a sickness absence dismissal against Birmingham Community Healthcare NHS Foundation Trust.
- Supported an NHS Trust to manage internal investigations into concerns relating to a consultant surgeon’s clinical practice and relationship breakdown, and the handling of counter grievances.
- Succeeded in obtaining costs awards in respect of two claims by the same Claimant against Moorfields Eye Hospital NHS Foundation Trust in a case of constructive dismissal and discrimination.
Real estate > Commercial property: Birmingham
Private client > Court of protection Tier 3
Francis Lyons leads the team at Capsticks LLP, which has a ‘comprehensive, in-depth understanding of the NHS organisations they work for across the whole legal spectrum, which permeates through into work they do in the specific Court of Protection arena’. It has considerable expertise in advising on the interaction between the Mental Health Act, the Mental Capacity Act, and the Deprivation of Liberty Safeguards for its large number of NHS and private sector clients. Amy Holden is another key figure.Practice head(s):
Francis Lyons
Other key lawyers:
Grace Plaxton; Nadine Mansell; Anita Rao; Holly Bridden; Amy Holden; Ellie Ward; Munpreet Hundle
Testimonials
‘Francis Lyons is charming, unflappable and a pleasure to work with. One of the best out there for complex serious medical treatment cases Grace Plaxton. Brilliant under pressure, extremely responsive, makes the most stressful situations manageable through her calm demeanour’.
‘Francis Lyons is a superb CoP partner, knows everything about everything. Really thorough knowledge of health legislation in particular and the complete service to the health sector in terms of Court of Protection proceedings.’
‘The team at Capsticks has a great reputation for CoP welfare work. Anita Rao stands out as exceptionally dedicated to progressing cases swiftly and working collaboratively with opponents to do so’.
‘Francis Lyons has made himself available to assist with urgent queries and in the event that he doesn’t have capacity to assist, he has provided me with the contact details for a colleague who is readily available to provide advice’.
‘They have an accessible, responsive and knowledgeable team. The experience they have of working with NHS bodies translates seamlessly into an efficient yet empathetic approach to the challenging cases in this area of practice’.
‘Ellie Ward is outstanding. I particularly enjoy working with her as her judgment is impeccable. The considered and comprehensive advice which she provides to clients is faultless’.
‘Holly Bridden is top-notch, completely calm in all situations, and has great client-handling skills. Ellie Ward is a dream to work with, providing a perfect service to her clients. Munpreet Hundle is an absolute star and works with great effectiveness and with a deep understanding of the sector’.
‘Francis Lyons is the consistent figure and he is always approachable and responsive’.
Key clients
NHS Kent & Medway Integrated Care Board
NHS South West London Integrated Care Board
NHS South East London Integrated Care Board
North Middlesex University Hospitals NHS Trust
Sandwell and West Birmingham Hospitals NHS Trust
London North West University Healthcare NHS Trust
NHS Nottingham and Nottinghamshire Integrated Care Board
NHS North West London Integrated Care Board
Royal Berkshire NHS Foundation Trust
Oxford Health NHS Foundation Trust
Hull University Teaching Hospitals NHS Foundation Trust
Northern Lincolnshire and Goole Hospitals NHS Foundation Trust
Work highlights
- Representing all Integrated Commissioning Boards in Greater London in relation to challenges to deprivations of liberty and packages of care in the Court of Protection.
- Supporting professionals of acute hospital and mental health service providers with urgent medical treatment, with its expert knowledge of the overlap between the Mental Health Act and Mental Capacity Act.
- Assisting COPDOL11 with providing general services to many NHS Integrated Care Boards nationally to enable them to apply for judicial authorisations of deprivations of liberty for health funded patients in the community.
Real estate > Social housing Tier 3
Capsticks LLP regularly acts for registered providers and local authorities, advising on housing and leasehold management, disrepair claims, anti-social behaviour and more. The firm also provides in house surveyor reports. The practice is led by Paul Lloyd, who has great experience in the housing field, and estate regeneration specialist Jennifer Hankinson. At associate level, Natalie Hurst is highly recommended, being described by clients as ‘organised, efficient, open, hard-working‘ and ‘analytical‘. National head of housing management Michael Owen supports the team.Practice head(s):
Michael Owen; Paul Lloyd; Jennifer Hankinson
Other key lawyers:
Natalie Hurst; Laura Waby; Karen Smith; Tom Bradbury
Testimonials
‘The team are open, fair and honest. Quick to advise and offer solutions, reliable and hardworking. They are all efficient and offer value for money and cost savings where possible. I have used other solicitors in the past and it certainly emphasises the high quality services provided by the Capsticks Team I work with. I would highly recommend!!’
‘I would like to highlight how excellent Natalie Hurst is at her job. She is organised, efficient, open, hardworking, analytical and definitely goes over and above her role as associate.’
‘I have found that the team are professional in all matters, keep to arrangements and offer practical advice. I have never had any concerns over the advice provided.’
‘Natalie Hurst, is friendly and seems genuinely care about supporting us. They return emails / calls promptly and understand our needs.’
‘Generally, very adept at housing law. From a barrister’s point of view, instructions are always clear, solicitors and paralegals are always very accessible. A very reliable team.’
‘Natalie Hurst, Laura Waby, Karen Smith – very skilled and knowledgable about housing law. Very easy to contact.’
‘Tom Bradbury – extremely knowledgable and skilled at handling anti-social behaviour of all types.’
Key clients
ForHousing Limited
Jigsaw Homes Tameside
One Manchester
Metropolitan Thames Valley Housing
Muir Group Housing Association
Habinteg Housing Association
South Lakes Housing
Bolton at Home Limited
One Vision Housing
South Liverpool Homes
Work highlights
- Acting for Forhousing; advising and representing clients on the interaction of Housing Law and Practice with the Equality Act, Mental Health Act and Civil Procedure.
- Working with One Vision Housing in dealing with disrepair litigation claims.
Employment > Employment: Leeds and West Yorkshire; North Yorkshire Tier 3
Capsticks LLP specialises in advising public sector clients on the full range of employment mandates, working across the healthcare, social care, emergency services, housing, and charities sectors. The firm has been particularly active in relation to various NHS Trusts, advising locally and nationally on a number of critical contentious and non-contentious matters. Co-head Rachael Heenan shares the public sector focus of the wider practice, regularly assisting health and social care clients on employment and governance issues. Heenan works alongside co-lead Alistair Kernohan, who advises clients across a range of sectors, including healthcare, the emergency services and police, local authorities, and charities.Practice head(s):
Rachel Heenan; Alistair Kernohan
Testimonials
‘Very experienced and down-to-earth. They really understand healthcare and the challenges that brings. They think strategically in employment relations cases and can explain complex legal arguments in simple terms.’
‘Friendly and approachable. Rachael Heenan and Alistair Kernohan have provided excellent support to me on employment relations cases. Rachael gained the trust of my CEO in a particularly difficult case which made the process much easier.’
‘Worked with the team on a long-running case and the particular standout was their adaptability in light of feedback and the amount of time they dedicated to ensure we were kept properly (and promptly) informed throughout the case.‘
‘Rachael Heenan is responsive and a reflective listener.’
‘Responsive and well informed regarding the nature of the healthcare sector, and they provide pragmatic advice.’
Key clients
Derbyshire Community Health Services NHS Foundation Trust
Leeds Community Healthcare NHS Trust
Gateshead Health NHS Foundation Trust
NHS South West London ICB
Sheffield Children’s NHS Foundation Trust
Hull University Teaching Hospitals NHS Trust
South Central Ambulance Service NHS Foundation Trust
The Chief Constable of Humberside Police
Derbyshire Community Health Services NHS Foundation Trust
Work highlights
- Supported Derbyshire Community Health Services NHS Foundation Trust to enable the deployment of staff across the Integrated Care System, ‘Joined Up Care Derbyshire’.
- Advising an NHS Trust on mitigating the potential risk to patients following the short-notice stepping down of clinical activity of a local Children’s Hospice.
- Supported a police force in defending a multi-respondent claim for discrimination on the grounds of sexual orientation and age, harassment, victimisation, flexible working, and unfair dismissal.
Employment > Employers Tier 5
Capsticks LLP specialises in representing public services providers, including police forces and NHS Trusts, as well as private healthcare companies. Practice head Victoria Watson has a niche for employment litigation involving doctors and other clinicians, with a high level of experience representing clients before tribunals and the High Court. Senior executives specialist Martin Hamilton and Andrew Rowland, who heads the healthcare division of the firm, are also central to the team, as is the highly recommended Paul McFarlane. Particular standout work of the firm includes advising the NHS nationally on widespread industrial action within the health service in 2023.Practice head(s):
Victoria Watson
Other key lawyers:
Martin Hamilton; Andrew Roland; Paul McFarlane; Alessandra Gettins
Testimonials
‘The team is knowledgeable and very personable.’
‘Paul McFarlane is a go-to representative for NHS employers and others in the public sector.’
‘Industry leader in healthcare issues, particularly medical HR, inquest and public law. Super responsive and has some real star performers. Excellent strategic and tactical advice.’
‘Andrew Rowland is my overall go-to guy. Assured, calm and a superb tactician with a great way with clients. Alessandra Gettins is superb and astute on all matters employment.’
‘Responsive approach and the continuity. Also very helpful to have the individual employer knowledge applied to a national position, particularly regarding industrial action.’
‘I recommend them for the strength of the relationships and the trust and understanding developed over a number of years.’
‘The team ensures they are all sighted on the issues affecting us.’
‘They are approachable and understand the level of risk we are prepared to consider.’
Key clients
NHS Employers
NHS England
West Suffolk NHS Foundation Trust
University College London Hospitals NHS Foundation Trust
Chelsea and Westminster Hospitals NHS Foundation Trust
Lewisham and Greenwich NHS Trust
East London NHS Foundation Trust
Kings College NHS Foundation Trust
Solicitors Regulation Authority
Work highlights
- Advised NHS nationally, through both NHS Employers and NHS England, in relation to the unprecedented national industrial action taking place in the NHS during winter 2022/2023 as unions challenged the pay award which the Government announced for those staff engaged on national terms and conditions, including nurses and doctors.
- Advised NHS England on the planned implementation of recommendations made by Tom Kark KC following his review of the Fit and Proper Persons Test (which applies to all Directors in the NHS) under the Kark Review.
- Supported NHS England and NHS NEL Commissioning Support Unit on the transfer of c1000 NHS Business Services Authority staff from NHS NEL Commissioning Support Unit to a variety of newly created Integrated Care Boards, NHS England and also an NHS Trust.
Public sector > Administrative and public law Tier 5
Capsticks LLP is well known in the administrative and public law market for defending challenges to the actions and decisions of public bodies actions, as well as for its extensive expertise in representing NHS bodies in complex judicial review proceedings. Peter EdwardsPractice head(s):
Peter Edwards; Ian Cooper
Other key lawyers:
Georgia Ford; Serena Patel
Testimonials
‘Fantastic partner availability, good and broad knowledge of the sector and very personable.’
‘The Capsticks team are focussed on our requirements – we are a niche regulator and at no stage do we feel that we are, metaphorically, at the end of a conveyor belt. This approach applies across all the functional areas: policy advice, casework and training. It is a pleasure to work with Capsticks – they ‘get’ us.’
‘Peter Edwards delivers an exceptional level of performance at each engagement. Peter knows our organisation well and his advice is tailored to our requirements. Importantly, Peter does not shrink from giving advice which may not be what we wish to hear, but nonetheless enables proper risk management and protection of reputation. Most impressive.’
‘I’ve worked with Capsticks on a number of occasions and highly value the support provided. Their detailed knowledge of the legal framework and caselaw within which healthcare operates is coupled with an appreciation of the challenges currently faced in the sector and a robust knowledge of how the NHS operates.’
‘The support and advice from Peter Edwards is always on the mark and well reasoned, as well as being delivered in a calm and reassuring way that builds confidence.’
‘In spite of being a large player in the field, Capsticks manage to retain the personal touch through excellent partner engagement, availability and top-class expertise.’
‘Peter Edwards has expertise and insight in healthcare governance which is truly second to none. Peter manages to navigate the complexities of the situation with ease, providing clinically precise advise and guidance in a manner that is non-legalistic and tailored to the client perfectly.’
‘The flexibility to support and work with us on legal matters. Significant client focus, understanding of our issues and consideration of options.’
Key clients
Solicitors Regulation Authority
Bar Standards Board
General Chiropractic Council
Royal College of Veterinary Surgeons
Farriers’ Registration Council
NHS North West London Integrated Care Board
United Lincolnshire Hospitals NHS Trust
NHS Kent and Medway Integrated Care Board
Hampshire Hospitals NHS Foundation Trust
Lancashire Teaching Hospitals NHS Foundation Trust
Lancashire Care NHS Foundation Trust
Birmingham and Solihull Mental Health NHS Foundation Trust
Work highlights
- Advising on a number of the individual hospital schemes in the NHS New Hospitals Programme.
- Advising The Farriers’ Registration Council on its powers to make rules and/or to apply conditions, in respect of courses, qualifications and institutions providing training to farriers.
- Advising Kettering General Hospital NHS Foundation Trust and Northampton General Hospital NHS Trust on the best way to set up the group model, having regard to their statutory powers and governance best practice.
Real estate > Commercial property: Leeds and West Yorkshire; North Yorkshire Tier 5
Capsticks LLP is noted for its ability to advise social enterprises, local government entities, churches and clients in the healthcare sector on property finance, redevelopment and portfolio management matters. Working as part of a specialist healthcare firm, the Leeds-based team handles the commercial property work of a large number of medical centres, GP practices, and NHS Trusts. Lisa Geary, who leads the team, specialises in transactional and development work, while Tracey Blundell handles commercial leases and sales. At the associate level, Deema Sodha is also recommended.Practice head(s):
Lisa Geary
Other key lawyers:
Testimonials
‘Excellent knowledge of primary care contracts. Great understanding of the way primary care is funded and rent reimbursed and structured. The team were very efficient, with rapid turnaround of any queries raised, and they summarised the legal terminology and placed this in layman’s language.’
‘The team are very helpful, experienced, knowledgeable and approachable. Communication is effective in all forms and the service received is always excellent from initial inquiry to completion of the project/advice. The practice are able to call upon colleagues from all departments when required to ensure that full, well-rounded advice is given.’
‘The team are very flexible to the needs of the project and finding solutions to work in an agile manner.’
‘Strong individuals led by Lisa Geary, who is always available to discuss professional matters but also takes an interest at a personal level. Mentions are also due for Deema Sodha and Tracey Blundell, who are excellent solicitors who understand the sector but also very personable people who you are happy to have a coffee with.’
‘I have worked with Capsticks over the years whilst I have been a representative for various trusts. In all cases I have found them extremely professional, responsive, knowledgeable and respectful. The management leadership is second to none and the service offered and delivered is exemplar. I would in all instances recommend this company and would not hesitate to use them time and time again.’
‘The Practice, led by Lisa Geary, are the best primary care solicitors in the sector, with a wide-ranging knowledge and real experience in understanding and advising on the issues that arise during transactions between stakeholders in the sector.’
‘Lisa Geary has unparalleled knowledge and experience in the primary care sector of commercial property and is always alive to the myriad legal, commercial, and NHS process implications of the relevant matters on each transaction.’
‘We were primarily supported by two of the Partners – Lisa Geary and Tracey Blundell. Both took a proactive and supportive approach to the legal work required from inception through to completion of the project. This was alongside crafting the necessary legal frameworks required to ensure the success of ongoing partner/user group relationships in the finished project.’
Key clients
Affinity Trust
Bradford Teaching Hospitals NHS FT
Croydon Health Services NHS Trust
Derbyshire Community Health Services NHS FT
Genesis Cancer Care UK Limited
Granta Medical Partnership
Greenwich Leisure Limited
Hillingdon Hospitals NHS Foundation Trust
Hull University Teaching Hospitals NHS Trust
Humber Teaching Hospitals NHS FT
Humberside Local Medical Committee
James Paget University Hospitals NHS FT
Lancashire Teaching Hospitals NHS FT
MHA
Methodist Council of Great Britain
Mid Yorkshire Hospitals NHS Trust
Middlewood Partnership
Montgomery House Surgery and Alchester Medical Group
NHS England
North Tees and Hartlepool Hospitals NHS FT
Northern Lincolnshire and Goole Hospitals NHS FT
Northumberland CCG
Priory Medical Centre
Rotherham Doncaster and South Humber NHS FT
Salford Primary Care Together CIC
Sheffield Health and Social Care NHS Foundation Trust
Sheffield Teaching NHS FT
South West Yorkshire Partnership NHS FT
Southport and Ormskirk NHS Trust
University Hospitals of Morecambe Bay NHS FT
Varian Medical Systems UK Limited
Yorkshire Ambulance Services NHS Trust
Yorkshire Health Partners
Work highlights
- Advised NHS England on the provision of £7.8m in grant funding to a GP practice in a highly deprived area of London to allow development of a new health centre to improve healthcare facilities and health opportunities for local residents.
- Advised the Property Development Committee appointed by the Methodist Council in relation to the £10m conversion of a Methodist Chapel in Camden into a 39 room boutique hotel.
- Advised Hull University Hospitals NHS Trust on all commercial property aspects relating to the £19m redevelopment of the front entrance of Hull Royal Infirmary.
Capsticks LLP > Firm Profile
Capsticks is one of the leading national law firms in health, housing and social care and has an unrivalled understanding of the professional regulatory and emergency services sectors. The firm provides a full-service offering for all of its clients and is well regarded for its practical, market-driven solutions.
The firm: Capsticks acts on the most high-value and politically sensitive cases in the health, social care and housing sectors. This year’s highlights include: advising Epsom and St Helier University Hospitals NHS Trust on its lease of Headley Court near Leatherhead so that the hospital could be used as the first Covid-19 rehabilitation facility, as well as representing London Ambulance Service NHS Trust at the inquest into the death of Kevin Clarke; a high-profile matter before the Chief Coroner of Inner London and the longest jury inquest held post-Covid.
Capsticks’ specialist housing team acts for over 200 registered providers nationwide. Recent case highlights include advising Stonewater on the acquisition of 731 tenanted homes worth £46m, providing homes for vulnerable residents supported by care packages, and assisting Aster Group with taking possession proceedings following a seizure of the largest cannabis production factory in the South West of England taking place at one of our client’s properties.
Current healthcare clients include NHS Resolution, NHS England/Improvement, NHS Employers, Barts Health NHS Trust, Birmingham Women’s and Children’s NHS Foundation Trust, Frimley Health NHS Trust, Community Health Partnerships, Imperial Healthcare NHS Trust, Sandwell & West Birmingham NHS Trust, North Lincolnshire And Goole NHS Foundation Trust, MDDUS and Epsom and St Helier University Hospitals NHS Trust. The firm also represents professional regulators such as the Solicitors Regulation Authority, Social Work England, the General Dental Council, the Nursing and Midwifery Council and the Teaching Regulation Agency, as well as housing associations including L&Q, Aster, Sovereign, Orbit and Metropolitan Thames Valley. The emergency services team acts for the Metropolitan Police and Yorkshire Ambulance Service, among many others.
The firm’s HR advisory services (non-legal) provide an extensive range of consultancy services for all its markets. The team handles day-to-day employee relations, disciplinary issues, investigations, absence management as well as organisational change.
Types of work undertaken: The firm’s work includes clinical law, corporate and commercial, employment, housing, litigation, real estate and regulatory advice.
Clinical law: This department comprises both clinical advice and defence against clinical negligence claims, serious complaints and incidents. The clinical negligence team acts for NHS Resolution and medical malpractice insurers, which involves defending against high-value claims arising from catastrophic injuries and major inquests. The team also handle large-scale public inquiries and investigations, with a focus on protecting client reputation. Our clinical advisors deal with a large volume of patient care, Court of Protection and mental capacity matters such as consent-to-treatment cases and complex decision-making under mental health legislation. The team has a strong reputation for advising on sensitive and high-profile cases and judicial reviews of major service reconfiguration decisions.
Corporate and commercial: The division provides full legal support to the NHS and private healthcare providers, as well as housing associations and social care providers. The team is well versed in landmark transactions, M&A, joint ventures/collaboration arrangements, corporate finance, PFI and capital procurement projects.
Employment and pensions: This department is one of the largest healthcare employment teams in the country. The team has a close working partnership with NHS employers, providing NHS workforce leaders with access to expert HR, legal and business advice and defence in employment tribunals. The team also acts for housing providers, GP Federations and Emergency Service providers, offering HR support including advice relating to organisational change, employee relations and TUPE. It also provides a HR advisory and consultancy service to healthcare bodies nationally.
Housing: The practice advises housing associations and registered providers on a national, full-service scale. Its expertise includes bespoke private developments and regeneration projects, housing and leasehold management (including anti-social behaviour and disrepair disputes), as well as security charging, banking and treasury matters. The practice is well regarded by the legal directories, with all offices being ranked and the team in the South maintaining its place in the top tier for several years.
Litigation: The team specialise in the resolution of commercial and property disputes across NHS Trusts and large housing associations. Clients also include emergency services organisations, local authorities as well as healthcare regulatory bodies and a growing number of non-healthcare regulators, such as the Solicitors Regulation Authority.
Real estate: The division acts for an unrivalled number of public and private sector healthcare clients and housing providers on major property transactions, leases, asset management and 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 200 housing providers supporting complex development programmes and asset management.
Regulatory: The team conducts hundreds of professional discipline cases each year, including “fitness to practise” matters and High Court appeals. It acts for eight of the ten statutory health and social care regulators, as well as the Solicitors Regulation Authority and the Teaching Regulation Agency.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Senior partner | Rachael Heenan | [email protected] | |
Managing Partner | Martin Hamilton | [email protected] | |
NHS Healthcare | Andrew Rowland | [email protected] | |
Housing and Regeneration | Chimi Shakohoxha | [email protected] | |
Housing Management | Michael Owen | [email protected] | |
Private Healthcare, Clinical law | Ian Cooper | [email protected] | |
Clinical claims | Peter Marquand | [email protected] | |
Corporate and commercial | Stephen Tainsh | [email protected] | |
Litigation | David Firth | [email protected] | |
Regulatory | Mark Whiting | [email protected] | |
Employment | Victoria Watson | [email protected] | |
Primary care | Sam Hopkins | [email protected] | |
Healthcare governance, administrative and public law | Peter Edwards | [email protected] | |
Real estate | Sam Hopkins | [email protected] | |
Data protection and information law | Andrew Latham | [email protected] |
Lawyer Profiles
Photo | Name | Position | Profile |
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Tracey Lucas | Tracey is a Partner in Capsticks’ Clinical Law Department and a member… | View Profile |
Staff Figures
Number of UK partners : 59 Number of other UK fee-earners : 276Languages
EnglishClient Testimonials
CLIENT: Don Fairley, Workforce Director
COMPANY/FIRM: Royal Berkshire NHS Foundation Trust
TESTIMONIAL: Capsticks have provided comprehensive, practical advice on some complex HR issues impacted by the pandemic. This has included advice on the risks associated with allowing staff to manufacture and wear their own PPE and the risks of refusing, how to ensure that management processes are progressed with a view to protected patient safety, and dealing with staff who refuse to return from home-working due to fear of virus transmission and risk factors including race and disability. They have also supported us to amend our employment contracts to better meet the needs of a more flexible workforce.
CLIENT: Anna Hills, Chief Executive
COMPANY/FIRM: James Paget University Hospital NHS Foundation Trust
TESTIMONIAL: The James Paget University Hospital NHS Foundation Trust has been working with Capsticks for several years and really value the work they carry out in their role as our panel firm. From the start of our working relationship we have worked in partnership and I have found the team to be flexible and responsive. The teams provide prompt and proactive advice on both the legal matters and wider organisational points. The team are expert, accessible at all times and always willing to assist wherever needed. The advice given has helped support members of the Trust through a range of issues and practical recommendations. The Trust receives a first-rate service from the Capsticks and their dedication to their profession is exceptional.
CLIENT: Bridget O’Kelly
COMPANY/FIRM: Buckinghamshire Healthcare NHS Trust
TESTIMONIAL: BHT has been a client of Capsticks for more than 10 years. During the past year, as well as providing us with support to our business as usual (which has included complex employee relation cases, employment tribunals, organisational change and TUPE) the team has provided advice specifically in relation to issues arising from the COVID-19 Pandemic.
The advice has covered a wide range of issues; this includes (but is not limited to) the following areas:
- Contracts/MOUs with employers (NHS and non-NHS) providing staff
- Onboarding: NHSP rapid response contracts for new workers
- Redeployment of staff: disciplinary/regulatory issues and indemnity for clinical negligence
- Terms and conditions: annual leave, furlough and pay for staff and agency/bank workers
- Health and safety issues: risk assessments; home working; swabbing of asymptomatic colleagues, quarantine and travel issues
The Capsticks team has been extremely responsive throughout, understanding the pressures that we are under from regulators, unions and our colleagues. Their advice is well-researched and founded on years of knowledge of working in the NHS, giving me and the executive team the confidence in our decision making.
CLIENT: Chris Archer, Assistant Director of Strategic Development
COMPANY/FIRM: Sandwell & West Birmingham NHS Trust
TESTIMONIAL: Capsticks advised the Trust on a multi-million pound deal to design, finance and build two multi-storey car parks and to find a car park operator for all of the Trust’s parking. The contractual arrangements were particularly complex and the Trust were supported principally by Lee Clarke and Henry Matveieff and their teams. Lee and Henry worked very closely with the Trust team to advise at every stage of the procurement and contractual negotiation processes. Their advice was timely, responsive and proactive, appropriate, professional and personable and allowed the Trust to secure contracts that achieved the Trust’s objectives for the project. Not only did they turn the Trust’s objectives into contracts, they introduced critical issues that the Trust team had not considered, and were able to negotiate directly on the Trust’s behalf on contractual matters. Full financial close on the deal was reached in August 2020, despite the impact of COVID-19 on working arrangements at the Trust, at Capsticks and for the other parties involved. Our experience has been such that Lee and Henry continue to be the “go-to team” that we approach for legal advice on other projects; it has been, and continues to be, a pleasure working with them.
CLIENT: Kush Rawal, Director of Residential Investment
COMPANY/FIRM: Metropolitan Thames Valley
TESTIMONIAL: MTVH have worked with Capsticks across a number of complex and routine legal issues.
The collaboration between teams has led to significant improvements in the delivery and management of key transactions across the business. These work streams have ranged from putting in place a comprehensive power of attorney approach across our business. Simplifying and speeding up sales transactions across multiple business streams as well as comprehensive procurement support.
The team are well resourced, knowledgeable and have an acute understanding of the need to act with speed and accuracy to support our business needs.
Diversity
Equality, diversity and inclusion (EDI)
At Capsticks, we rely on the talents of a diverse and highly skilled workforce. Diversity and inclusion are cornerstones to the way we operate daily. We know that it is the difference amongst people which adds strength to our organisation and ensures we are able to provide the best service to our clients. The firm will strive at all times to meet, as a minimum, its legislative and regulatory duties by ensuring our culture is one where inclusion and mutual respect are core principles which are celebrated by all.
In practice, this means that everyone who interacts with the firm (employees, partners, secondees, outsourced providers and agency workers, clients and third party contractors) will receive equal treatment regardless of sex (including pregnancy and maternity), gender and gender reassignment, marital and civil partnership status, age, race (which includes colour, nationality and ethnic or national origin), sexual orientation, religion, belief, social background or disability (referred to below as ‘protected characteristics’).
We believe in taking a proactive approach to diversity and inclusion that makes best use of everyone’s unique talents. We achieve this through a mix of:
- A genuinely open culture
- Compulsory diversity training
- Highly robust recruitment procedures
Our commitment to diversity means going beyond compliance with anti-discrimination legislation. We monitor the diversity profile of our workforce so that we can measure progress over time. Please see our latest diversity statistics.
We welcome the gender pay gap reporting initiative as an important step in creating greater gender balance within the legal profession, and the legal sector as a whole. Read our gender and ethnicity pay gap report 2020.
In recent months we have arranged events to celebrate International Women’s Day, marked Mental Health Awareness Week with a focus on health and wellbeing, and are proud to be part of the Stonewall Diversity Champions programme.
We pride ourselves in celebrating difference and promoting equality and inclusion through our EDI initiatives. Below are some examples of our recent EDI initiatives:
- In October 2019 we became corporate signatories to Business in the Community’s Race at Work Charter, committing to an open and honest dialogue about race and committing to achieve further diversity and equality through initiatives such as championing, sponsorship and mentoring.
- We are corporate partners of the Black Solicitors Network and hosted a table at the annual EDI awards in 2018. We celebrate Black History Month and are making plans for this October.
- We are corporate diversity champions of Stonewall and are using their extensive experience to help us further embed EDI within our culture. Stonewall recently hosted ‘lunch and learn’ awareness raising sessions in each of our offices and we hosted a float at Leeds Pride in 2019 and had a remote presence at Stonewall’s annual conference this year.
- We are corporate signatories to the Mindful Business Charter, a public commitment by law firms and their clients to create workplaces where unnecessary sources of stress are removed and where good mental health wellbeing is actively promoted. We have 15 Mental Health First Aiders who meet quarterly to promote the wellbeing agenda.
- Hosted EDI round tables open to all staff across each of our offices to invite their thoughts around our objectives and to share their ideas.
- Public sector > Health
- Dispute resolution > Professional discipline
- Insurance > Clinical negligence: defendant
- Real estate > Social housing
- Public sector > Health
Top Tier Firm Rankings
- Insurance > Clinical negligence: defendant
- Public sector > Healthcare
- Real estate > Social housing: local authorities and registered providers
- Insurance > Clinical negligence: defendant