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The legal structures which govern the delivery of all types of healthcare in the UK are hugely complex.   The roles played by NHS England, the General Medical Council, NICE and local clinical commissioning groups can be hugely confusing.  There are also complex legal and governance issues arising from the funding responsibilities between different NHS bodies, the boundaries between NHS funded and privately funded healthcare and the intersection of health services and social care services.  Gaining clarity about which public body (if any) has a legal duty to fund which health or care services is vitally important in a sector where the NHS spends over £120bn each year.

Landmark counsel have nationally recognised technical expertise in the law relating to health and social care. Seven counsel from Landmark came together in 2018 to publish the critically acclaimed comprehensive guide to the law in this area: NHS Law and Practice.  This book was described by Lord Justice Munby as “a truly ground-breaking book” which “no one who needs to understand NHS law could afford to be without”.  However, even at over 900 pages, the book only reproduces a small fraction of the accumulated expertise of Landmark counsel in the healthcare sector.

Landmark counsel regularly advise and represent national and local NHS bodies, the Official Solicitor, pharmaceutical companies, charities, campaign groups and other organisations with interests in health and individual patients. We provide advice and representation across a wide spectrum of public law and governance issues.   We frequently appear in leading cases concerning NHS law, mental health law and in the Court of Protection.  We also act in the major health public inquiries, such as the Contaminated Blood Inquiry.

In doing so, we always seek to retain focus on the people who matters most in healthcare – patients.  However complex the legal issues may be, we strive to deliver advice in plain English, as free of technical jargon as possible and to keep the interests of patients as our focus.

For any queries on Healthcare, contact the Practice Management team.

To access Landmark Chambers’ Health and Social Care newsletter, please click here.

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