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Key definition
Agency definition

What does Agency mean? Agency describes the legal relationship by which one person (the agent) is authorised to affect a principal’s legal relations with third parties, typically by entering contracts or performing other legal acts on the principal’s behalf. It is a common law concept developed mainly through case law across England & Wales, Scotland, Northern Ireland and Ireland, with sectoral statutes in specific contexts (for example the Commercial Agents Regulations, the Partnership Act 1890 and companies legislation). Key features include authority (actual—express or implied—and apparent/ostensible), the principal’s ability to be bound or acquire rights through the agent (including by ratification),...

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Healthcare-Associated Infections (HCAIs): Liability, Causation and Regulatory Framework for Clinical Negligence Claims (COSHH, ERRA 2013, HSCA 2008), Complaints and Duty of Candour

Practice notes
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What is a health care associated infection?

Health care associated infections (HCAIs) describes any infection acquired:

  • as a direct consequence of treatment received in, or contact with, a health or social care setting
  • as a direct consequence of health care delivered in the community
  • from an infection first picked up outside a health care setting (e.g. in the community) and then brought into a health care setting by patients, staff or visitors and transmitted to others within that environment (e.g. norovirus)

There is a closely corresponding legal definition in section 20(6) of the Health and Social Care Act 2008 (HSCA 2008): ‘health care associated infection’ means any infection for which an individual may face exposure or become susceptible (or more susceptible) in circumstances where:

  • (a) health or social care is being, or has been, provided to that individual or any other individual; and
  • (b) the risk of exposure to the infection, or of susceptibility (or increased susceptibility) to it, is directly or indirectly attributable to the provision of that care

See also guidance from NHS England and the National Institute for Health and Care Excellence (NICE)...

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Joel Donovan
Joel Donovan , KC chambers

Joel Donovan QC is a prominent clinical negligence and personal injury specialist, highly rated in the legal directories. He focuses on high-value High Court cases, typically involving brain damage or serious spinal injury, and has substantial experience at trial and appellate level. In the clinical negligence field he is particularly known for his expertise in cauda equina cases, other claims involving delayed treatment of spinal cord compression, and those arising from secondary brain injury. His personal injury work centres on traumatic brain and spinal cord injury, and claims arising from workplace stress. Joel is a very seasoned negotiator. A CEDR-accredited mediator he has substantial mediation expertise. He is a fluent French speaker....

Web page updated on 21/05/2026

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