Capsticks LLP

ExperienceAndrew is Head of Capsticks’ national NHS Healthcare practice and a Partner in the Employment Division. Having started with the firm as a trainee, he has been with Capsticks for over 22 years, working with NHS clients daily. As Head of Healthcare, Andrew leads the firm’s 200-strong healthcare team in providing an excellent service to our NHS clients.Andrew also deals with the whole range of employment law queries but has a specific interest in dealing with doctor cases under the national framework, Maintaining High Professional Standards in the Modern NHS. He has led on several leading cases arising out of that framework (see below) and specialises in helping clients to resolve doctor issues. Andrew also advises clients on their most sensitive senior executive terminations, whether by way of a settlement agreement or through formal processes.Andrew’s experience extends to advising clients on potential changes to national terms and conditions, the processes that need to be followed to achieve this and associated employee relations issues. His work in this area has led to ground-breaking instructions from new clients and STP groups who are keen to explore ways of achieving change. He also leads the firm’s work with NHS Employers.ExpertiseAndrew deals with the whole range of employment law queries but has a specific interest in dealing with doctor cases under the national framework for dealing with doctors in the NHS, Maintaining High Professional Standards. He has led on several leading cases arising out of that framework (see below) and specialises in helping client to resolve issues.Andrew also advises client on their most sensitive senior executive terminations, whether by way of a settlement agreement or through formal processes.Andrew’s experience extends to advising clients on potential changes to national terms and conditions, the processes that need to be followed to achieve this and associated employee relations. His work in this area has led to ground-breaking instructions from new clients and STP groups who are keen to explore ways of achieving change. Notable projectsHigh Court cases include: Kerslake v NWLH NHS Trust, Fynes v St George’s Healthcare NHS Trust and Chakrabarty v Ipswich Hospital NHS Trust (intervening on behalf of the National Clinical Assessment Service).Working with NHS Employers on national projects such as portability of employees, industrial relations, interpretation of national contracts and the impact of Brexit.Working with organisations across health and emergency services on positive action and the legal flexibilities available to employers.

Ashley Irons

Ashley has specialised in advising hospitals (in the public and private sector) in relation to mental health issues and practical ways of addressing them for over 25 years. He is one of the country’s leading mental health solicitors, as is recognised in the Chamber’s directory. He is regularly involved in a wide range of mental health challenges, in relation to policies and procedures, claims, Tribunals, Judicial Reviews and Inquests. In the last 4 years has advised on over 80 homicide investigations on behalf of SHAs, hospital providers and investigation teams. Out of 40 Judicial Review challenges in the last 10 years, he has been successful in all, save once. In the last 20 years he has defeated, every Judicial Review challenge to policies written by him (by correct application of proportionality to mental health and human rights law). He is an advocate at Mental Health Review Tribunals, 90% of which concern Personality Disorder. Most recently concerning-Ian Brady in 2013 – a public hearing. He has won 3 out of 3 cases in House of Lords [mental health cases]. All 3 involved Human Rights, ECHR and UK case law. He obtained a House of Lords Order in 2002 that the Daily Mirror disclose the source of the leak of hospital records to that paper. This is the leading authority on clinical records confidentiality. He has had several JRs regarding compulsory treatment. Ashley has been involved with many of the most important mental health cases over the years, including the Broadmoor “right to search” case, which led to the Code of Practice being changed. In 2005 the House of Lords supported his client, Mersey Care NHS Trust, in their appeal against the Court of Appeal decision in B where it was said that a patient could not be treated except for a classified disorder. Ashley also represented the Hospital in Munjaz, the new leading authority on the status of the Code of Practice and departure from it. Ashley has advised on and taken part in lengthy Public Inquiries including representing Ashworth (each over a year) in the Fallon Inquiry into the Personality Disorder Unit (Report of Committee of Inquiry into Personality Disorder Unit, Ashworth Special Hospital 1999), and at the Blom Cooper Inquiry at the same hospital before that (Report of the Committee of Inquiry into complaints about Ashworth Hospital 1992).

Catherine Bennett

Experience Catherine has over 12 years’ experience of handling complex, sensitive and high value claims for Defendants. She is a Nominated Partner for NHS Resolution and manages a team of lawyers undertaking a broad range of case work of differing value and complexity. She also manages Capsticks’ Claims Handling Service which provides an innovative, outsourced service for the management of healthcare organisations’ claims. Expertise Catherine is a recognised expert in defending the most challenging claims, including those concerning alleged breaches of human rights. Although very experienced in traditional court based litigation, Catherine has used mediation successfully on behalf of defendants on numerous occasions. Catherine is well known for leading the Capsticks’ claims handling service. She has developed an innovative in-house administrative service for Trusts. Training is one of Catherine’s passions and she has lectured extensively on medico-legal topics and trends in litigation at board level.

Chimi Shakohoxha

Partner

Daniel Fitzpatrick

Daniel has over 20 years’ experience in Housing and Public Law, specialising in Human Rights and Discrimination cases and leading large group actions. Served as one of the lead solicitors on the Grenfell Public Inquiry representing over 50 Core Participants. He played a pivotal role in the crisis response team, aiding in the re-housing efforts for those affected by the tragedy. His expertise encompasses homelessness appeals, judicial review cases, discrimination, claims for disrepair, possession claims, unlawful evictions, and general landlord and tenant disputes.

Daniel Purcell

Experience Daniel has spent his career handling disputes and investigations for the regulators, commissioners and providers of public services. His experience includes large-scale commercial dispute resolution, fraud response, procurement challenges and reputation management, often in highly regulated, high-profile sectors. Expertise Daniel is a recognised leader in the regulatory sector. He advises statutory regulatory bodies on the investigation and prosecution of complex and sensitive misconduct cases. Daniel leads Capsticks’ work for the Solicitors Regulation Authority, our own regulator. Daniel has been described in recent directory entries as “particularly impressive…he has a very measured and very calm presence”, and a chief executive client described him as “my ‘wise counsel’ and really invaluable to me”.

David Firth

ExperienceDavid is head of the litigation division at Capsticks. He joined the firm in 1995 and works with clients across the firm’s key sectors, with a particular emphasis on construction dispute resolution and health and safety matters.ExpertiseDavid has supported clients undertaking fire safety remedial works both in seeking damages for contractors’ historic design and workmanship breaches and, in the case of registered providers, managing their relationships with leaseholders. He and his team routinely deal with payment disputes, extension of time requests, contested termination rights and related damages claims, representing employers, contractors and subcontractors. For health and safety, David is best known for supporting clients undergoing criminal investigation for a range of offences including corporate manslaughter. He advises on disaster response, reputation management, internal investigations, at all stages from interview under caution through to Crown Court prosecution.With clients facing enforcement action from the police, the HSE and the Care Quality Commission over many years, David is very familiar with their ways of working, what tactics work to minimise regulatory intervention and, crucially, those that do not. He has supported organisations and individuals through every aspect of the investigation process, up to and including interview under caution, and uses his expertise to help avert further enforcement action, or to minimise the reputational impact if a criminal prosecution is commenced.

Francis Lyons

Francis is a partner in our Public Law team and he advises on legal issues arising from the commissioning, planning and delivery of health and social care. He leads the firm’s 24-hour emergency legal helpline as well as our mental health and Court of Protection work, frequently advising on detention and deprivation of liberty as well as best interests, treatment and safeguarding issues. Francis is recognised as an expert in mental health and mental capacity law. His recent MHA cases include ‘Munjaz’, in which the European Court described the seclusion policy he advised on as “exemplary” when allowing a departure from the Code of Practice, and the ‘Haines’ matter in which Francis represented Broadmoor Hospital in the first ever reported public tribunal hearing. His advice on the unlawful delegation of the Secretary of State’s s.12 MHA approval functions to an FT, resulted in emergency legislation in 2013. Francis has worked on secondment with a local authority, and as a member of a Foundation Trust Board’s MHA committee. In addition, Francis provides advice for emergency services clients. In addition to the support he provides to clients on policy development and decision making, Francis also advises on judicial review challenges, complaints, incident handling and the disclosure of information. Francis is ranked as leading solicitor in independent legal directories. Chambers states “He knows his stuff and is sensible and also pragmatic. A pleasure to work with” and the Legal 500 says Francis “is able to focus on the legal issues without getting bogged down in the emotional issues which are invariably involved”.

Ian Cooper

Ian is the head of the national Advisory team at Capsticks. Ian advises health and social care clients on a wide range of legal issues relating to the regulation of health and social care providers and the care and treatment of patients and residents. Ian supports clients through complex and sensitive matters such as medical treatment cases, inquests, inquiries and serious incidents. He also frequently advises clients on confidentiality, data protection, mental health and mental capacity law and safeguarding vulnerable adults and children. Ian is highly regarded by Chief Executives and Boards for the advice and support he offers on Care Quality Commission regulation, which has included challenging regulatory and enforcement action taken by the CQC and also providing governance advice on how to achieve and demonstrate compliance with CQC standards.

James Penry-Davey

ExperienceJames leads Capsticks’ regulatory team. He joined Capsticks in 2007 and has extensive experience of advising statutory regulators, principally the General Dental Council, the Nursing and Midwifery Council, the Health and Care Professions Council and the Solicitors Regulation Authority. ExpertiseJames is responsible for the delivery of our work to the General Dental Council and Nursing and Midwifery Council and he’s often involved in complex, high profile and sensitive cases. James handles regulatory cases in the High Court, including judicial reviews, appeals and challenges to interventions into solicitors’ firms. In addition, James provides advice on a broad range of legal issues in regulatory cases, including policy and guidance, and the application of the Data Protection Act, the European Convention on Human Rights and the common law duty of confidence. James delivers bespoke training sessions to in-house teams and has also appeared as an advocate before the committees of regulators.

Jamie Cuffe

Experience Jamie is a Partner in the Commercial team and advises a broad spectrum of healthcare, social care, housing and charity clients on a range contracting, procurement, projects, competition and transactional work. Expertise Jamie specialises in leading ‘first in kind transactions’ for clients and has extensive competition law experience having been on secondment at the competition directorate of NHS Improvement as well as leading the first and only Found Not to Qualify reference issued by the Competition and Markets Authority in relation to the NHS services and the first whole NHS foundation trust acquisition to be cleared by the CMA. Notable projects East of England Transforming Pathology Services procurement. This was a seven party transformation of pathology services in line with the Carter report (implementing a contractual, hosted joint venture). The advice included obtaining the first and to date only “Found Not To Qualify” decision in relation to NHS shared services. Hinchingbrooke Franchising Arrangements. Advised the team at Circle Healthcare in relation to the first statutory franchise agreement in England. Trust Special Administration of South London Healthcare NHS Trust. Advised the NHS TDA on the first exercise of the primary legislation and associated procurement and competition issues. Trust Special Administration of Mid Staffordshire NHS Foundation Trust, advising University Hospital of North Staffordshire NHS Trust on its acquisition of Cannock Chase hospital. Advising on the merger of Frimley Park Hospital NHS Foundation Trust with Heatherwood and Wexham Hospitals NHS Foundation Trust including obtaining the first merger clearance from the CMA for whole FT mergers. Advising three providers in relation to the committee in common and joint working arrangements required to implement the Essex Success Regime and which arrangements form the basis of National guidance; Acting for Southern Health NHS Foundation Trust on several acquisitions of GP practices as part of the Better Local Care (Hampshire) MCP Vanguard. Acting for Chelsea and Westminster Hospital NHS Foundation Trust on its Strategic Research Agreement with Sensyne Health to allow Sensyne to analyse anonymised patient data using clinical artificial intelligence technology.

Lee Clarke

As an experienced projects and commercial partner Lee has advised on a wide variety of major projects in health, defence and social housing acting for both private and public sector clients. Lee’s scope of services includes: • Advising on procurement and contracts for major NHS infrastructure projects. Lee has acted on over 40 major projects in the NHS including advising NHS Trusts/FTs on:o many PFI/PPP projects (over £100m) for healthcare facilities;o traditional design and build projects for new £10m to £50m health buildings and campus reconfiguration (using Procure 21/22 and other bespoke procurements);o the collapse of Carillion and the urgent procurement for a replacement contractor to complete the half-built Midland Metropolitan University Hospital;o advice on major hospital procurement projects under the Health Infrastructure Plan programme;• Social Housing contracts - ranging from high value procurement for works and services (including sophisticated asset maintenance and repair outsourcing arrangements) through to IT contracts and joint venture arrangements. Lee also advises on extra-care contracts and the increasing integration of health and social care with Registered Providers and local authorities and NHS bodies.• Strategic FM Outsourcing projects related to the NHS, central government and Housing Associations, including a £1 billion FM outsourcing project for the Home Office and a £700 million FM and development outsourcing project for multiple NHS clients.Notable ProjectsLead adviser on (i) the termination of the Carillion related Midland Metropolitan PFI and (ii) the successful running of two 2019 procurements to (a) stabilise the project (a £20m procurement) and (b) complete the design and construction of the hospital (a £300m procurement). Lead adviser to University Hospitals Leicester NHS Trust on their major HIP1 hospital reconfiguration project and advising multiple Trusts on their HIP1 and HIP2 projects. Lead adviser to two G15 registered providers on a “new to sector” multi-billion £ DPS repairs and maintenance services project underpinned by a new software framework provider providing real-time access to SMEs.

Majid Hassan

Experience Majid leads the firm’s medical malpractice insurance team with considerable experience advising the NHS, Lloyds underwriters, and a leading medical defence organisation on claims and associated proceedings. Expertise Majid is best known for his considerable expertise advising doctors, hospitals and indemnifiers in clinical negligence. He also handles clinical trials and product liability claims for insurers. He advises hospitals and professional sports bodies and medical teams on clinical risk management and governance matters. His clients include medical malpractice underwriters, the MDDUS, British Athletics, Football Association of Wales and Liverpool Football Club.

Mark Whiting

Mark heads Capsticks professional regulatory sector team. Since qualifying in 2001, he has acted for a number of national regulatory bodies as well as acting for NHS bodies in their roles as local regulators.As Head of Sector Mark has overall responsibility for, and strategic overview of our work for all our regulatory clients. He has hands-on experience of conducting sensitive and complex fitness to practise cases, and he oversees statutory appeals and judicial reviews. Mark also provides advice to regulatory clients on a broad range of issues including the implementation of new policy and guidance, discrete areas of complex law and practice, statutory interpretation and ways to improve processes.Mark has led on the development and implementation of a bespoke case management system for our work for regulators. This enables us to deliver state of the art management information to monitor the progress of cases and has ensured that cases are prepared to meet and exceed contractual key performance indicators.

Martin Hamilton

Experience Martin is Managing Partner at Capsticks. As well as being responsible for the running of the firm, he works to deliver its strategy – providing pragmatic legal solutions for organisations particularly in the health and social care, housing, emergency services and regulatory sectors. Expertise Martin is best known for his employment law expertise. He advises on Board-level employment and engagement issues; workforce change; complex disputes such as in relation to discrimination and whistle-blowing; and managing doctors under the national NHS framework “Maintaining High Professional Standards”.

Michael Owen

Experience Michael is head of the Housing Management Team at Capsticks. In addition to leading the team, Michael works with Registered Providers and Councils nationally on all aspects of Housing Management. He also previously advised private landlords and tenants. Expertise Michael advises social landlords on all aspects of housing management from drafting and interpreting tenancy agreements, policies and other documentation to advising on complex succession disputes, disrepair matters and high-profile anti-social behaviour cases. He represents clients on Public Law, Equality Act and Human Rights Act challenges and advises on complaints handling. He has also represented clients at coroner’s inquests and frequently oversees multi-agency approaches to resolve matters including through alternative dispute resolution.Michael undertakes training nationally for clients and sector leaders such as the Chartered Institute of Housing, Resolve, National Housing Federation, Housemark, Lime Legal and Capita. He is also a regular contributor to housing media. Notable projects Regularly speaks at and chairs national housing conferences Legal advisor to the CIH knowledge hub Asked by the Home Office to help stress test the Anti-Social Behaviour, Crime and Policing Act 2014 Represented Registered Providers on many leading cases

Peter Edwards

ExperiencePeter has 30 years’ experience of advising healthcare and other organisations on their governance, legal powers and decision-making. During this time he has been involved in some of the most complex and sensitive employment and public law cases in the public sector. He is also an experienced trainer who delivers a wide range of workshops and seminars to our clients, and is currently a tutor on the online Diploma in Advanced Primary Care Management that Capsticks is delivering in conjunction with the National Association of Primary Care and the Healthcare Finance Management Association. Expertise• Governance, structures, powers and duties of public bodies;• Public involvement and consultation on healthcare service changes;• Contentious and non-contentious employment law including major organisational changes, service transfers and TUPE; executive appointments and terminations and the development and implementation of new workforce models.CSR activityPeter volunteered in the South London Law Centre for more than 10 years. He also plays a lead role in our partnership with the Royal Hospital for Neuro Disability and has led a number of fundraising events for the hospital. PublicationsService Reconfiguration, Consultation and Judicial Review - CapsticksManaging conflicts of interest in clinical commissioning groups – NHS Confederation/RCGP (2011)

Peter Marquand

Experience Peter has been a partner at Capsticks since 2000. He heads the clinical law division, which encompasses defendant litigation for the NHS and insurers as well as public law and advisory work for all Capsticks’ clients. Peter was appointed as a Deputy Chairman of the Information Tribunal from 2005 to 2009 and as a Deputy High Court Judge in 2016 sitting in the Administrative Court and Queen’s Bench Division. Prior to commencing his legal career, Peter qualified as a doctor and practised in many aspects of hospital based medicine up to registrar level. Expertise Peter’s particular areas of expertise are defendant clinical negligence, information law and consent to treatment.

Philip Hatherall

Experience Philip has been a Partner at Capsticks since 2002, a Nominated Partner for NHS Resolution for over 10 years and he leads the firm’s national inquest service. Philip works with clients in the health and social care, insurance and emergency services sectors to resolve and learn from claims, inquests and serious incidents. Philip also has judicial experience, having worked for five years as an Assistant Coroner. Expertise Philip specialises in handling inquests, inquires and clinical negligence claims on behalf of defendants. He is trusted to deliver the best possible outcomes in the most sensitive and complex cases. A client described how “Philip’s advice and support for me and my executive team has proved invaluable on many occasions. With Philip you have a proactive and personal service, always available and willing to go the extra mile.”Notable projectsLead Solicitor to the NHS on the Jimmy Savile investigations and handled all claims arising from the abuse. Representing the LAS in the Inquests following the Terror Attacks at Westminster Bridge/Palace of Westminster and London Bridge/Borough Market.External legal advisor to the DHSC project delivery group for the Independent Investigation into Child Sexual Abuse.Defendant clinical negligence representative in the High Court User group and met with Lord Justice Jackson during his review into the costs of civil litigation.Trial wins in numerous claims ranging from small value to injuries of maximum severity worth several million pounds. Philip has also represented clients in the Court of Appeal and the Supreme Court.

Rachael Heenan

Experience Rachael is Senior Partner at Capsticks. As well as leading the firm, she works with clients in the health and social care, regulatory and housing sectors on employment and governance issues as well as wider business strategy. In 2018 she was listed in The Lawyer Hot 100 for Firm Management. Expertise Rachael is best known for her extensive expertise in employment law and governance. Her practice includes handling high profile executive cases, major national organisational change, TUPE, and complex doctors’ issues. She has been described by a client as "the fount of all knowledge. She seems to be available 24 hours a day and the skills and expertise she has built over the years are second to none."

Sam Hopkins

ExperienceSam is a Partner at Capsticks and heads the firm’s Real Estate department. He works with public, private and charity clients in the health and social care sector and also acts for local authorities.Sam also leads the firm’s Primary Care Group which specialises in acting for GP practices and dental providers.ExpertiseSam specialises in high value commercial leases, property due diligence on mergers and acquisitions, major land sales, acquisitions and redevelopments, and public and privately funded major capital projects. He also has specialist expertise in relation to the funding of GP premises costs and GP surgery developments.Notable projectsPublic Health England Science Hub Programme – lead partner on the acquisition of the former GlaxoSmithKline site in Harlow for £30 million in advance of £500 million development of new microbiology facilities from Porton DownSt Bernard’s Gate development – phased land sales and associated section 106 agreements to Catalyst Housing and the Westcombe Group for £20 million for West London Mental Health NHS TrustHigh View redevelopment, Hatfield – local authority regeneration scheme with Lovell Partnerships

Stephen Tainsh

Partner and Head of the Medical Technology Group

Susie Rogers

ExperienceSusie is a Partner in the Housing team at Capsticks, specialising in security charging, stock rationalisation, void disposal programmes and governance within the housing sector. Susie is an expert in commercial property arrangements and in public sector funding and powers, including revenue and capital grants.ExpertiseSusie leads on Capsticks’ security charging, stock rationalisation and void disposal projects. Her practical approach, contacts and understanding of what is “market norm” mean Susie and her team are able to deal with large projects with minimal fuss – hitting deadlines and ensuring capital receipts are received on time to support your business case objectives.Susie also deals with all aspects of commercial property, from dealing with new headquarter/anchor leases to the disposal of garage portfolios, and everything in between. Susie regularly advises housing sector clients on governance, grant funding and regulatory issues. Notable projects• Dealing with the security charging to support a £150m private placement from a US investor• Charging 725 units (including commercial units) to secure a £50m facility from an oversees investor, new to the UK housing market• Advising on an innvoative co-housing scheme for the over 50s in London, involving two registered housing providers and a co-operative• Ongoing project for the acquisition of circa 70 street properties per annum for affordable rent/shared ownership use• Numerous capital grant funding projects for supported living schemes• Managing a review of 175 leases to establish responsibility for health and safety matters• £220m Nottingham Treatment Centre• £65m Brent Emergency Care and Diagnostic Centre (“BECaD”)• Various LIFT projects

Tracey Lucas

Tracey is a Partner in Capsticks’ Clinical Law Department and a member of its Health Advisory and Inquest teams. She heads up our Birmingham office. Tracey provides advice and representation to NHS and private providers in all aspects of healthcare law, and prior to qualification was a legal manager in a specialist acute NHS hospital. In addition, Tracey provides advice to emergency services clients. Tracey represents clients at inquests, including the most complex inquests where issues are raised under Article 2 of the European Convention on Human Rights and where there are juries. Tracey regularly advises on issues under the Mental Capacity Act 2005, drafting advance decisions and representing clients in the Court of Protection. She has considerable experience in advising on all aspects of children’s healthcare law and child protection, including treatment decisions, drafting and commenting upon management reviews and serious case reviews. Tracey leads our work on NHS continuing healthcare cases and the management of legal issues involved in complex care packages. She also regularly advises on actions by patients for judicial review, particularly in relation to continuing healthcare funding decisions, s117 Mental Health Act 1983, responsible commissioner issues, treatment of overseas visitors, inquests and discharging patients from hospitals. Tracey regularly advises on confidentiality, information sharing and disclosure and regularly provides training on all aspects of healthcare law. Notable cases • R (DB) v Nottinghamshire Healthcare NHS Trust (2008) EWCA Civ 1354• R (on the application of G) v Nottingham City Council [2008] EWHC 400 (Admin).• R (on the application of Whapples) v Birmingham Cross City CCG [2014] EWHC 2647• An NHS Trust v A [2015] EWCOP 71

Victoria Watson

Victoria is head of Capsticks’ national employment practice, leading a team of over 50 specialist employment lawyers in the delivery of advice and support on workforce issues to clients across all our sectors. In addition to her role leading the team, Victoria provides employment law support to clients in the health, social care and third sectors and leads on our employment work with GP practices.Victoria has particular expertise in high profile, sensitive cases involving medical professionals and senior executives, providing advice and support to clients seeking to resolve difficult internal procedures. She regularly acts on behalf of clients in the Employment Tribunal in complex claims of unfair dismissal, discrimination, whistleblowing and breach of contract as well as dealing with claims for breach of contract and injunctive relief in the County and High Courts. Her practice includes advising on significant organisational change projects and changes to terms and conditions. Victoria is experienced in providing employment law training for HR specialists, Boards and front line managers and working with clients to prepare for changes to employment law and the practical implications.Notable Cases• Lake v British Transport Police [2007] EWCA • Dathi v South London and Maudsley NHS Trust [2007] EAT • Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC• Langford v Barking & Dagenham Primary Care Trust UKEAT/0461/13/BA• Kalu v Brighton and Sussex University Hospitals NHS Trust & Others [2015] CA• Idu vs East Suffolk & North Essex NHS Foundation Trust [2019] EWCA Civ 1649

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