Health and social care

We can advise on

• business and share acquisitions and disposals of all types of healthcare business;
• investments into and the re-financing of all types of healthcare business;
• re-organisations of healthcare businesses within a group structure; 
• the incorporation of healthcare businesses (dental and pharmacies), producing the necessary tailored Shareholder and Partnership Agreements;
• the wide and varied commercial contracts and arrangements such as local authority contracts, service user agreements, data protection, which affect healthcare providers and their businesses;
• employment law related matters; 
• personal succession planning;
• resolving disputes;
• advising on commercial and contract disputes, including contract termination;
• advising on debt and fee recovery;
• property disputes, including landlord and tenant matters and issues such as rights of way;
• advising and supporting organisations with crisis management;
• reputation management whether as a result of defamation, negative news coverage relating to care standards, disgruntled clients’ families or social media posts from employees, former employees or clients’ families;
• advising organisations on whether they have grounds for bringing a judicial review claim and, if so, preparing the court documents and advising on evidence gathering;
• representation during judicial review proceedings; and
• obtaining permission from the Court for an application to be made.

Our cases includes:

• acting for both buyers and sellers on the acquisition and disposal of care homes, domiciliary care businesses, dental practices and pharmacies;
• the re-organisation and re-structuring of healthcare groups and businesses;
• the investment, funding and re-financing of care homes, domiciliary care businesses, dental practices and pharmacies;
• legal due diligence reporting on the acquisition or disposal of healthcare businesses;
• shareholder agreements, Articles of Association, partnership agreements, LLP members agreements and other forms of collaboration for the owners of healthcare companies and businesses;
• general commercial contract advice;
• the incorporation of healthcare businesses, including care homes, domiciliary care businesses, dental and pharmacy practices;
• challenging urgent decisions issued by the CQC and guiding through the appeal process;
• bringing and defending warranty and misrepresentation claims made by care home providers following acquisition;
• challenging decisions made by the Local Authority through the Judicial Review Process
• advising clients in respect of procurement and contracts disputes;
• supporting providers in the sector with any employment and HR issues, including enforcement of restrictive covenants.

Not-for-profit health and social care providers

Our health & social care team provides practical, expert advice on a full range of corporate and strategic matters for Not -for-profit health and social care providers. This includes governance advice and guidance on regulatory, charity and company law, strategic planning, collaborative working and major projects. Our expertise includes:

• mergers and collaborative working;
• group structures;
• regulatory issues;
• governance issues (including constitutional amendments);
• strategic planning;
• property acquisition and development including health centre developments and planning applications and appeals
• employment law: all aspects of both contentious and non-contentious employment matters including, drafting and reviewing employment contracts and policies, addressing poor performance and misconduct, handling staff grievances, redundancy and restructuring, avoiding discrimination claims, protecting businesses through restrictive covenants and advising on TUPE transfers;
• collaboration arrangements
• healthcare regulations and the essential standards of quality and safety;
• Local Authority contracts;
• data protection;
• service user agreements; and
• challenging CQC decisions.