Healthcare and Court of Protection

David has expertise across a range of areas of healthcare law, in addition to his clinical negligence practice. This includes both public law and private law claims, and relates to, amongst other things: challenges by way of judicial review to hospital closures and reconfigurations, availability of specific treatments and drugs, contractual and structural issues in the NHS (especially GPs and dentists), mental health law, medical product liability, cases involving ethical questions such as consent to treatment, and cases relating to confidentiality and patient information.

Selected Cases

  • Higgs v West Essex Primary Care Trust: Challenge by way of Judicial Review of refusal of funding for surgical procedures.
  • Dr Lie v NHS Commissioning Board: Claim for breach of contract against NHS England, and further appeal to the Court of Appeal. Issue as to the contractual terms, and effect of Art.1 Protocol  1 ECHR on exclusion of contractual rights.
  • Carter v Secretary of State for Justice: Judicial review claim, challenging failure to provide appropriate psychiatric treatment to life sentence prisoner. Dispute as to responsibilities of NHS and Secretary of State.
  • CB v S Trust (Ryder J): Declaration obtained that would be in a four year old child’s best interests to receive alternative treatment for neuroblastoma in contested case. Funded by the Neuroblastoma Alliance.
  • Walnuttree Hospital (Jackson v Suffolk PCT): Judicial review claim challenging hospital closure/ reconfiguration, and challenge to consultation process.
  • Orchard Hill: (Harman and Hewitt v Sutton & Merton PCT): Judicial review claim challenging long-stay hospital closure/ reconfiguration, consultation and “homes for life” promises.
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