Legal update
a contribution or indemnity under the Civil Liability (Contribution) Act 1978, and given this, it would be best to have all potential parties with prospective liability for an HRA claim involved in the same proceedings. It does then create a risk that care homes could be brought into proceedings concerning Covid-19 in the future, if Dr. Gardner’s case against the government is successful. It is clear that scrutiny of the
government’s response to the Covid-19 pandemic in relation to care homes continues. This is mainly aimed at guidance provided in England, but other UK jurisdictions have followed similar guidance, so the outcome of Dr. Gardner’s judicial review will in principle apply nationally. This judicial review decision will not
just be important for cases involving alleged breaches of the HRA, but for any type of litigation the care sector may face be it a civil claim or regulatory action. Those advising the care sector will be scrutinising the outcome of this decision, as will those who represent those wishing to bring claims against providers. TCHE
Michelle Penn
Michelle Penn is a partner of law firm BLM, heading up its occupational diseases department in London. Michelle is a specialist in occupational disease with over 25 years of experience in the field, and regularly advises on policy coverage issues. Routinely speaking at seminars both externally and internally, Michelle is a highly regarded expert and, in addition to her clients, worked extensively with The Law Society and Chaired the review of the Disease and Illness PAP.
Chris Dexter
Chris Dexter is a partner of law firm BLM. Recognised as a ‘Next Generation Partner’ in Legal 500 2021, Chris is an experienced partner within the BLM healthcare team who regularly represents insurers on behalf of health and care providers, healthcare practitioners and ophthalmic businesses facing clinical negligence claims. A dedicated member of BLM’s international healthcare team, he routinely acts for clients in pre-action claims and claims brought before the county and high courts, representing defendants in claims of differing value and complexity.
Compact and versatile portable stand aid
The Oxford Journey is an ultra-compact, folding stand aid with best- in-class functionality. Its unique adjustable cow-horn supports a wider range of patient sizes, allowing facilities to have one lift that meets the needs of many. The intelligent control system records lift cycles, overload attempts and a service reminder, all available at the touch of a button via the onboard LCD screen.
Maximum safe working load 155kg / 24st / 342lbs Unique three-height adjustable cow-horn
Diagnostic control pack monitors lift use and provides service alerts Removable foot tray for rehabilitation activity Ergonomic and intuitive design focus for ease of use
Contact Joerns Healthcare to find out more: (T) 0344 811 1158 (E)
info@joerns.co.uk
April 2021 •
www.thecarehomeenvironment.com 21
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