Emergency applications to shut down care homes – the decision of the House of Lords in ‘Jain’


Posted on October 1st, by editor in Caring Times. No Comments

By PETER GROSE and DANIELLE MONTEZUMA

In the recent case of Trent Strategic Health Authority v Jain [2009] UKHL 4, the House of Lords was required to consider whether the proprietors of a care home could recover damages for losses sustained as a result of the care home regulator unfairly obtaining an emergency cancellation order from a magistrate.

The case only reached the Lords this year but closure occurred more than 10 years ago when health authorities regulated nursing homes. The law as interpreted by the Lords in Jain has importance for care providers today under the Care Standards Act 200





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