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A summary of key developments and insights relating to the Mental Health Bill; the Terminally Ill Adults (End of Life) Bill; technological advancements in prosthetics and orthotics; indefinite recognition of CE marked medical devices in Great Britain; and anonymity orders.
Annual Survey for Hours and Earnings (ASHE) 2025 provisional figures published
In October 2025, the Office for National Statistics (ONS) published the 2025 ASHE first release data.
ASHE 6115 (Table 26.5a) is the standard occupation code that tracks care workers and home carers gross hourly pay. This is the index used to calculate the percentage increase of a claimants’ annual periodical payments in the maximum severity cases in the NHS. ASHE 6115 is reporting a 6% - 7% increase across all centiles in relation to care workers gross hourly rates, save ASHE 6115 (25) which increased by 5.62%. Interestingly, the percentile most commonly used to index link periodical payments is the 80th centile of ASHE 6115 which increased by 7.25% this year, as compared with the 2024 revised figure. By comparison between 2023 and 2024 we only saw a 4.16% increase. This year’s percentage gross hourly rate increase of 7.25% is consistent with our experience of care rates increasing in many of our maximum severity claims, which is driving the increase in annual care cost packages.
Contact: Christopher Malla
Update on the Mental Health Bill
Having undergone scrutiny in the House of Lords, the Bill recently completed the report stage in the House of Commons, and underwent a third reading on 14 October.
The final stages include consideration of any amendments before a date is set for Royal Assent, potentially later this year, subject to Parliamentary time and the passage of any further amendments.
Contact: Dan Freeman
Related items:
Terminally Ill Adults (End of Life) Bill
On 20 June 2025 the Terminally Ill Adults (End of Life) Bill was passed by the House of Commons by 314 votes to 291 votes.
The Bill has now moved into the House of Lords as it progresses to the next stage of parliamentary scrutiny, and is currently at the Committee Stage, with the next sitting scheduled for 14 November 2025.
Here we provide an overview of some of the key areas of the Bill which are likely to be among those that will be the focus of further close consideration.
Contact: Rob Tobin
Related item: Terminally Ill Adults (End of Life) Bill: final vote on Bill in House of Commons and next steps
Insights from the International Society for Prosthetics and Orthotics 20th World Congress
The International Society for Prosthetics and Orthotics (ISPO) hosted its annual World Congress in Stockholm in June 2025. The event showcases the very latest clinical developments, technological advancements, and scientific research for those who have suffered limb loss. The event was attended by prosthetics manufacturers, research scientists and amputee rehabilitation clinicians from across the globe.
Amputation claims have been subject to super-inflation in recent years and the event presented our amputation claims lead and serious and catastrophic injury Partner, Stephen Foster with an opportunity to learn more about the latest industry developments to assist with rehabilitation planning.
Here we provide an overview of what we consider to be the main trends and key takeaways.
Contact: Stephen Foster
Related item: Insights from the International Society for Prosthetics and Orthotics 20th World Congress
UK National Commission on the Regulation of AI in Healthcare
Launched on 26 September 2025, the Medicines and Healthcare products Regulatory Agency (MHRA) announced a new National Commission to “help accelerate safe access to AI in healthcare and across the NHS”. The National Commission, will advise on a “new regulatory rulebook” for AI in healthcare, which is due to be published next year.
Pending introduction of the new framework, the National Commission “will produce recommendations to advise the development of MHRA guidance in the interim, addressing urgent areas of uncertainty for the healthcare system and industry such as, but not limited to, Ambient Voice Technology.”
Contact: Roger Davis
MHRA to consult on indefinite recognition of CE marked medical devices: a major step for industry and patients in Great Britain
The Medicines and Healthcare products Regulatory Agency (MHRA) recently announced its intention to consult later this year on the indefinite recognition of CE marked medical devices in Great Britain (GB). This proposal addresses a critical regulatory issue that has been a priority for manufacturers, healthcare providers, and patient groups since the UK’s departure from the European Union (EU).
For more information see our article here.
Contact: Joti Penrose-Stevens
Court of Appeal ruling on anonymity orders
PMC (a child by his mother and litigation friend FLR) -v- A local health board [28.08.2025]
Delivering the lead judgment in this appeal (which can be found here), Sir Geoffrey Vos observed that the “appeal raises important issues as to the jurisdictional foundation for the principle of open justice and derogations from that principle.”
The context in this case being “the grant of anonymisation orders and reporting restriction orders in clinical negligence cases brought by children and protected parties and in proceedings brought to seek the court’s approval of settlements in such cases.”
At first instance Mr Justice Nicklin had refused to grant the anonymisation order (AO) sought by the claimant, holding that there was no statutory foundation for making a reporting restriction order (RRO) in circumstance where there is no withholding order (WO). As set out in the appeal judgment, Mr Justice Nicklin also held that the evidence did not support making a WO, “because material concerning the claimant and his claim was already in the public domain.”
The Court of Appeal allowed the appeal, holding that “the fact that there has been previous publicity does not disqualify an application of this kind, any more than it would disqualify an AO being made at an approval hearing under CPR Part 21.10.” Adding that “[p]revious media coverage may, however, be a pointer against making an AO or towards making only a forward-looking RRO.”
Sir Geoffrey Vos held at paragraph 110 of the judgment:
“The main features making it strictly necessary here to make a prospective WO and an RRO, in the interests of justice, are (i) the extreme vulnerability of the claimant, and (ii) the serious infringement upon the claimant’s private and family life in relation to medical details, family circumstances and financial matters that this litigation will involve, if the details were reported in the media alongside the claimant’s name. This is a very serious case. It is one where an AO is, as I have said, clearly and strictly necessary. All the factors I have mentioned are present here in high degree and in combination. It should not be assumed that a derogation from the open justice principle will be held to be strictly necessary in a case where the evidence did not cover all these factors and was less compelling. Again, as I have said, each case will need to be considered on its own facts.”
Contact: Rob Tobin
Healthcare
United Kingdom