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Healthcare

Our team of specialist solicitors combines experience of the healthcare market with an understanding of its regulated fields to provide focused advice and solutions to a wide range of legal needs from the healthcare industry.

Hugh James delivers a full spectrum of services to private and public healthcare providers. We offer straightforward, practical advice. By working closely with our clients we provide cost-effective advice that takes into account the special requirements of the healthcare sector.

The healthcare sector has experienced significant changes over recent years and, in this changing climate, healthcare professionals require legal advice from experts who understand their sector and the specific issues they face.

We offer a complete range of services to the residential care sector, including advice on matters relating to:

Our activity spans the whole sector, including:

  • providers of primary health care including GPs, dentists and nursing care;
  • owners of healthcare facilities;
  • managers of healthcare facilities;
  • developers of healthcare facilities;
  • funders of healthcare facilities;
  • charities and voluntary sector groups; and
  • the service users themselves.

Corporate and commercial

We combine our understanding of the healthcare market, high quality technical skills and commercial pragmatism to help add value to your business.

Our experience in acting for both buyers and sellers, tenants and landlords, developers, operating managers, and funders in relation to healthcare premises has enabled us to appreciate the aims and concerns of both parties to a transaction and to draft documents which are fair and reasonable, and which keep legal costs and delays to a minimum.

When disputes arise, the Hugh James healthcare team has significant experience of dispute resolution and litigation, including mediation.

Our legal services to the healthcare sector include:

  • the acquisition, disposal and re-financing of care homes;
  • the formation of new healthcare businesses;
  • the restructuring and reorganisation;
  • cost sharing agreements;
  • joint venture agreements;
  • funding issues including private equity investments into healthcare businesses;
  • charity structuring and grants;
  • practice conversions to Limited Liability Partnerships/companies;
  • partnership disputes, dissolutions and retirements;
  • commercial disputes;
  • advice on computer-related issues, including data protection;
  • dispute resolution, including debt collection and the handling of complaints by occupants;
  • negotiating contracts for healthcare services including out of hours and with suppliers; and
  • services and facilities management outsourcing.

Employment

Hugh James experience of working with employers in the healthcare sector has led us to develop real insight into the operational needs of the industry.
Our team of leading employment lawyers are renowned for their sensitive handling of complex commercial issues and for resolving employment problems in a cost-effective and commercially astute way.
Our legal services to the healthcare sector include:
  • employment advice including contracts, dismissals, union relations, tribunal claims, transfer of business issues and redundancy;
  • business immigration law, including work permits.

Property and construction

Hugh James’ combination of private sector commercial experience and an in-depth understanding of the healthcare legal framework give us a genuine competitive advantage which we bring to you when undertaking transactions on your behalf.
Our legal knowledge and insight are invaluable in planning and negotiating projects to ensure that they are delivered on time and in budget.
We like to get involved in a transaction as early as possible, so that we can help you adopt a structure that meets your needs, and to identify and recommend strategies to overcome potential problems.
Our legal services to the healthcare sector include:
  • property development and the construction of care homes;
  • agreements for the management, maintenance and refurbishment of residential care homes;
  • sale and leaseback arrangements; and
  • property disputes.

Regulatory

Hugh James has a leading regulatory team which advises on compliance with care standards legislation including inspections, investigations and enforcement by regulators.
We make it a priority to safeguard our clients and their staff throughout the entire process from initial enquiries, interviews under caution and court proceedings including Inquests. We also ensure that witnesses are supported and can support Providers with advice on risk management.
We also regularly deal with professional disciplinary and fitness to practice investigations by regulators such as the NMC, RPS and GDC.
Our legal services to the healthcare sector include:
  • regulatory compliance including funding, registration and enforcement;
  • HSE, Police and Local Authority investigations including corporate manslaughter, neglect of care, theft and fraud;
  • inquests;
  • residents and commissioners contracts;
  • service user complaints and medical negligence issues;
  • mental health law advice, to include capacity, confidentiality and consent issues and the Deprivation of Liberty Safeguards;
  • representation at the Care Standards Tribunal;
  • advice on legal relationships with suppliers, including medical equipment manufacturers, IT service providers, caterers and suppliers of food and other products/services;
  • training; and
  • First Response 24/7 telephone advice and emergency call-out services.

Experience

  • Advising Camilla Healthcare on its purchase of pharmacy businesses from Vittoria Healthcare Limited.
  • Advising numerous pharmaceutical businesses on all corporate matters including acquisitions, disposals, reorganisations and corporate governance.
  • Acting for Hafod Care Limited on its purchase of a care home business
  • Acting for a bank and private equity funded group on their purchase of a company with a chain of care homes.
  • Advising the Royal Bank of Scotland on secured lending in the acquisition of a care home business
  • Advising shareholders of Brecon Pharmaceuticals on the multi-million pound sale of its shares to a US corporation
  • Acting for a South Wales chain of chemists on its sale of pharmacy businesses to Lloyds Pharmacies
  • Advising numerous GP practices in Wales and the South West on the terms of their partnership agreements and the impact of the GMS contact
  • Acting for a GP practices on their corporate joint venture and the related acquisition of an outpatient healthcare business
  • Acting for a consortium of orthodontic practices in negotiating the terms of their PDS contract with Cardiff LHB
  • Acting for a large registered provider in a dispute with CSSIW concerning their registration
  • Acting for a registered provider and managers in a joint investigation by the Police and regulators into the multiple deaths of service users, regulatory breaches and allegations of fraud and theft
  • A registered provider and manager in a joint Police and CSSIW investigation into the deaths of two service users considering potential offences of manslaughter and offences under the Mental Capacity Act. Also dealing with PoVA referrals and NMC “fitness to practice” proceedings.
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Testimonials

"They are the go-to firm - a regional heavyweight. They have a complete range of expertise."

Chambers UK 2014, Banking and Finance

"It is a big and well-regarded outfit with proper support mechanisms."

Chambers UK 2014, Clinical Negligence

"An efficient, friendly and personable team."

Chambers UK 2014, Corporate and M&A

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Chambers UK 2014, Environment: Clamant

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Chambers UK 2014, Family

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Chambers UK 2014, Private Client

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Chambers UK 2014, Social Housing

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Legal 500 2013, Contentious Trusts and Probate

"Cardiff firm Hugh James joins the top tier in recognition of its proven capability in headline group actions."

Legal 500 2013, Product Liability, London
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