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.
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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.
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."