Legal Insights from Capsticks

Regulation 28 reports can extend the impact of an inquest well beyond its conclusion, placing ongoing obligations on organisations and senior leaders. The final episode of our Inquest Podcast Series looks at when and why Regulation 28 reports are issued, and the key principles that underpin their use. Amy Holden and Sara Lyle explore how the threshold for issuing a Prevention of Future Deaths report is applied in practice, including the limits on a coroner’s powers and the relevance of action already underway. They also consider how organisations can manage the risk of Regulation 28 findings, what makes an effective witness, their interaction with investigations carried out, and how to approach responses in a way that is proportional constructive and defensible.

​​Prison inquests raise complex and often sensitive issues, frequently involving deaths in custody, multiple public bodies and heightened public and legal scrutiny. Episode 5 of our Inquest Podcast Series focuses on the legal and operational features that distinguish prison inquests from other types of inquest. The discussion examines how Article 2 arises in custody cases, when a jury is required, and the practical differences between jury and non-jury inquests. Our speakers explore recurring themes in prison inquests, including the handling of prison evidence, communication between healthcare providers and operational staff and the implications of the duty of candour following Hillsborough.​​

Inquest conclusions bring together the evidence, submissions and legal framework to determine how a death is formally recorded and understood. Episode 4 sees Jeremy Loran, Adam Hartrick and Jessica-Jane Naysmith examine the considerations that shape conclusions and the issues organisations commonly encounter at the final stage of the inquest process.Their discussion covers the role of the Medical Certificate of Cause of Death and how this links to the final outcomes, alongside the approach to submissions and the application of the Chief Coroner’s Guidance, including the three-stage process. Areas that frequently present challenge are also addressed, including neglect findings.

Pre-inquest review (PIR) hearings play a critical role in shaping how an inquest will evolve. In episode 3, our speakers discuss why getting the scope right at an early stage is so important, and how organisations can actively influence that process. Jeremy Loran and Lizzie Turner explore how decisions made at PIR hearings affect the breadth of evidence, the number of witness statements required, and whether Article 2 is engaged. They also consider the issues coroners are seeking to resolve early on, including whether anything has been overlooked, how to remain focused on client priorities, and when it is necessary to raise involvement of other organisations or potential Interested Persons.

Witness statements play a central role in inquests, shaping how evidence is presented and how events are understood by the coroner and, where applicable, a jury. In Episode 2, Sara Lyle and Naomi McMaster discuss the purpose of witness statements within the inquest process, offering practical insight into effective drafting and the importance of clarity, consistency and proportionality. Witness statements play a central role in inquests, shaping how evidence is presented and how events are understood by the coroner and, where applicable, a jury. In Episode 2, Sara Lyle and Naomi McMaster discuss the purpose of witness statements within the inquest process, offering practical insight into effective drafting and the importance of clarity, consistency and proportionality.

Effective evidence gathering is fundamental to how an inquest unfolds and how organisations are ultimately represented. In this first episode, Georgia Ford, Lizzie Turner and Lucy Houston discuss the practical realities of gathering evidence, from the early stages through to disclosure, and the importance of following a clear and defensible process.They examine the status of interviews and accounts produced during internal investigations, including when and why they may be disclosable at inquest and how tests of relevance and fairness are applied. Attention then turns to the duty of disclosure under Schedule 5, highlighting common issues that arise and how organisations can approach evidence gathering in a way that is thorough, proportionate and fair.

Could joint ventures and partnership working models be the key to delivering a successful 10-year healthcare plan?In the next episode of our podcast series, we explore how partnerships and joint ventures are legally and strategically essential to delivering the 10 year health plan. By enabling the sharing of resources, risks, and rewards these collaborative models provide the clarity and accountability needed to drive sustainable solutions. Our host Andrew Rowland is joined by Rashpal Sarkaria and Stephen Dove, both partners in our corporate and commercial team. Together they discuss how effective partnership working can underpin the three big shifts in healthcare and ensure the long-term ambitions of the healthcare plan are achieved. This conversation highlights why partnerships and joint ventures are not simply optional but vital in building a resilient and future-focused health system. Stay tuned for our next episode – coming soon.

What are the workforce implications of the NHS’s 10-year health plan? In our latest podcast episode, we explore how HR leaders at the heart of delivering the plan can prepare for the challenges ahead, including the imminent arrival of the 10 year workforce plan.In this episode, our host Andrew Rowland is joined by Capsticks Head of Employment Healthcare practice Sian Bond. Together they discuss four key topics that will be vital to the successful delivery of the plan.Tune in to hear insights on:• Headcount versus capability• Contract reform and incentives• Retention and staff experience• AI, tech and role redesignStay tuned for our next episode focusing on joint ventures and partnership working – coming soon.

What does the NHS’s 10-year health plan mean for digital transformation, data, and AI in healthcare?Listen to Part 2 with our host Andrew Rowland alongside Capsticks lawyers Andrew Latham, and Tana Dryden-Strong as they continue the discussion around health, data and future opportunities and risks of AI in healthcare.Tune in to hear insights on:AI and predictive analytics in preventative careAddressing health inequalitiesData protection and cyber securityStay tuned for our next episode – focusing on employment law and people matters.

What does the NHS’s 10-year health plan mean for digital transformation, data, and AI in healthcare?In this episode, our host @Andrew Rowland is joined by Capsticks lawyers @Andrew Latham, and @Tana Dryden-Strong as they discuss the opportunities and risks of AI in healthcare — from productivity gains to the legal and compliance challenges.Tune in to hear insights on:• The future of data driven healthcare• Potential governance issues and legal liabilities • Compliance in a fast-paced digital landscapeThis is the first in a two-part series exploring how digital revolution meets regulation in healthcare.