Healthcare

Landmark counsel have extensive experience and nationally recognised expertise in all aspects of the law relating to healthcare and access to medical treatment.  Our counsel advise and appear in court for the government, NHS bodies, pharmaceutical companies, medical charities, the Official Solicitor and individual patients on a wide variety of healthcare public law issues.

David Lock QC and Hannah Gibbs are the authors of the first ever comprehensive “Guide to the Law of the NHS” published by the Legal Action Group in May 2018.  We also maintain a website on legal developments in the NHS.

Counsel from Landmark have appeared in many of the leading cases concerning NHS provision in recent years and have delivered advice and training for a wide range of NHS bodies and the specialist solicitor firms who support them.

We regularly advise and appear in cases concerning:

  • Serious medical treatment cases involving adults and children;
  • The closure of NHS hospitals or reconfiguration of other NHS services;
  • Patient entitlement to NHS funding for specific treatments;
  • The interaction of NHS and social care obligations;
  • Responsible commissioner disputes;
  • NHS charges, especially for asylum seeker and immigration applicants;
  • NHS primary care contracting;
  • NHS acute contracting;
  • Patient choice issues;
  • Procurement of NHS services;
  • The regulation of NHS pharmacies and access to NHS drugs.

Below are recent healthcare cases where Landmark counsel have appeared:

  • R (Cherwell District Council & Ors) v Oxfordshire CCG [2017] EWHC 3349 (Admin) – Hospital reconfiguration case;
  • R (Keep Wythenshawe Special Ltd) v NHS Central Manchester CCG & Ors [2016] EWHC 17 (Admin) – Hospital reconfiguration;
  • National Health Service Commissioning Board v Silovsky & Anor [2017] EWCA Civ 1389 – GP Premises funding dispute;
  • Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 – Restitution claim for mental health services;
  • Re W (Medical Treatment: Anorexia) [2016] EWCOP 13 – Serious medical treatment case;
  • R (The Pharmaceutical Services Negotiating Committee & Anor) v Secretary of State for Health [2017] EWHC 1147 (Admin);
  • R (Bestway National Chemists Ltd (t/a Well Pharmacy)) v The Welsh Ministers [2017] EWHC 1983 (Admin) – Pharmacy relocation case;
  • R (Community Pharmacies (UK) Ltd) v The National Health Service Litigation Authority [2016] EWHC 1595 (QB) – Pharmacy dispute;
  • R (Cornwall Council) v Secretary of State for Health & Ors [2014] EWCA Civ 12 – Ordinary residence case for client with learning difficulties;
  • R (Justice for Health Ltd) v Secretary of State for Health [2016] EWHC 2338 (Admin) – Junior doctors pay dispute;
  • R (London Borough of Lewisham & Anor) v Secretary of State for Health & Ors [2013] EWHC 2381 (Admin) – Hospital downgrading;
  • R (Richmond Pharmacology Ltd) v The Health Research Authority [2015] EWHC 2238 (Admin) – Legal of drug trial guidance;
  • Pitalia & Anor v The National Health Service Commissioning Board [2014] EWCA Civ 474 – Effect of NHS contracts on legal rights;
  • Krebs v NHS Commissioning Board [2014] EWCA Civ 1540 – Dental contracting dispute.
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