Healthcare

The team provides advice on any issue arising from the Mental Health Act 1983 and the Mental Capacity Act 2005. Whilst we do not undertake ‘legal aid work’, our team is able to provide an extremely high level of advice on a number of legal issues relating to treatment, assessment and detention of mental health patients, as well as advising Attorneys, Deputies and anybody else acting under the Mental Capacity Act 2005.

Our team appreciates that issues arising from mental health law are often highly specialist and require a degree of sensitivity. Our longstanding expertise allows for a very good understanding of the procedures involved so that we are able to work efficiently and provide swift, pragmatic advice.

We provide a wide-range of support and advice in a number of areas affected by the relevant legislation and other wider mental health law issues including:

• Detention under the Mental Health Act 1983
• Tribunals and Hospital Manager’s Hearings
• Mental capacity
• Nearest relative
• Community Treatment Orders
• Hospital Orders
• Guardianship
• Deprivation of liberty
• Coroner’s inquests
• Court of Protection Orders
• Property and Finance Deputyship applications
• Advice for Attorneys acting under Enduring Powers of Attorney and Lasting Powers of Attorney
• We act as Professional Deputy and attorneys relating to property and finances

The team also specialises in providing commercial law services to businesses in the healthcare sector such as health recruitment companies, nursing and care homes, GP practices and businesses providing a wide range of goods and services to this sector. Our client base ranges from multi-million pound companies providing services to clients such as Spire Healthcare, Nuffield Healthcare and BMI Healthcare, to sole proprietors and partnerships in medical practices and care homes. As a result of our experience in the healthcare sector we can add practical value to the commercial law services we provide to our clients practising in this field. We can provide a range of commercial services for healthcare providers and professionals including:

• Partnership and shareholders’ agreements
• Joint venture and investment agreements
• Acquisitions and sales
• Employment advice
• Immigration matters
• Freehold and leasehold property
• Practice conversions to company and limited liability partner status
• National care standards advice
• Regulatory matters
• Franchising
• Standard terms of business
• Data protection and intellectual property
• Trading, supply and service contracts, including disputes
• Procurement
• Claims resolution and medication services
• Negotiation and termination of NHS Standard Contracts

We are able to provide expert advice in relation to issues arising under NHS Standard Contracts including advice in connection with banding rates and disputes over payments. We have handled a number of disputes with Clinical Commissioning Groups (CCG's) where successful outcomes have been achieved through the implementation of the dispute resolution mechanisms under the NHS Standard Contracts.

The team is also able to provide expert criminal defence representation for both individuals and corporations facing investigation or prosecution for offences of ill treatment or wilful neglect. See our Criminal Defence or Regulatory pages for more information.