Public Sector Healthcare

Renowned for our deep healthcare expertise, we excel in NHS advisory work and inquests.

Providing legal solutions tailored to the public healthcare sector

Public healthcare is dominated by constant significant change in regulation, planned policy, legal obligations and in the quality of care and patient safety. The wealth of experience our lawyers have in advising public sector healthcare providers globally gives us unique insight into the distinct issues that impact their business.

In the UK, we are well known in the industry for our ‘deep healthcare experience in relation to NHS advisory work and representation in inquiries, employment, PFI projects and litigation’. We have lawyers who specialise in providing legal advice to the NHS (we currently work with more than 50 Trusts) and other UK healthcare and public sector bodies, including NHS Resolution. We offer a fully integrated practice, covering litigation, projects and construction, real estate, corporate, intellectual property, commercial, IT, regulatory and employment advice.

At an operational level, we support our clients on the strategic issues affecting their business including reorganisations, the structure and delivery of corporate transactions, commercial / outsourcing contracts, employment and intellectual property issues. We also advise clients in relation to the legal implications of developing regulations and have advised a number of clients in dealing with Freedom of Information and data protection issues.

Internationally, we advise government authorities, administrative and professional bodies on a number of legal and policy decisions that shape the delivery of healthcare services.

In the Middle East, we have advised a number of government bodies on the formation and redrafting of their healthcare and related insurance laws. Through advising governments and industry bodies at a legislative level, we become aware of the public policies and government objectives driving healthcare regulations and are at the forefront of legal developments in the sector. This knowledge is very helpful when advising private facilities with regard to the interpretation and implementation of healthcare legislations.

Our Public Sector Healthcare Work

  • All
  • Middle East
  • UK & Europe
  • Abu Dhabi health authority terms of reference

    Advising on the terms of reference for Abu Dhabi Health Authority’s disciplinary committee for medical professionals which involved considering applicable federal and Abu Dhabi laws and regulations and examining best practice internationally

    Acute Trust medical record disclosure application

    Representing an Acute Trust in relation to an application by national media for disclosure of medical records

    Development of satellite cancer wards for leading NHS Trust

    Representing The Royal Marsden NHS Foundation Trust in connection with its set up of chemotherapy treatment wards on a satellite basis with two other care hospitals around the South East including advising on the Estate Code matters for leasing and dealing with the setting up of the wards and the facilities and the associated cost provision of services between ward and general hospital

    Emergency advice to an NHS Trust

    Advising with regard to a challenge by a family member to prevent the hospital switching off life support and allowing the patient to die with dignity

    Establishment of the Care Quality Commission (CQC)

    Advising the CQC on the establishment of the Commission, including the statutory transfer of assets and liabilities from the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission

    Healthcare quality allegations following a death in a prison

    Providing representation at a long and complex article 2 inquest involving a death in a prison where the quality of the healthcare was criticised

    NHS pensions, retirement and TUPE advice

    Advising NHS bodies on the pensions aspects of TUPE transfers, including the risks associated withbeneficial early retirement rights (such as those provided under the NHS Pension Scheme) transferring under TUPE.

    NHS private share repurchase deal

    Advising East Kent Hospitals University NHS Foundation Trust on its re-purchase of the entire issued share capital of Healthex Limited in order to regain control of the subsidiary company

    NHS Trust allegations of discrimination

    Acting on behalf of an NHS Trust defending a claim for disability discrimination, whistleblowing and unfair dismissal brought by a consultant who had been dismissed for misconduct

    NHS Trusts and healthcare law

    Advising NHS Trusts in dealing with Freedom of Information Act and Data Protection Act requests as well as advising on all aspects of healthcare law including the Children Act, hospital policies and protocols and confidentiality

  • Major restructuring of Zulekha Hospitals

    Advising on a major restructuring of the group’s affairs in the Middle East and the Indian subcontinent

    United Arab Emirates

    AED 66 million acquisition of polyclinics

    Advising a UAE based healthcare provider on the acquisition of 3 polyclinics in Dubai and Sharjah for AED 66 million including franchising/branding arrangements

    United Arab Emirates

    Restructuring and recapitalisation following shareholder sale

    Advising a UAE based healthcare provider on the restructuring of its business involving the sale of shares and commercial interests in the company by two shareholders and the AED 100 million recapitalisation of the company which included an investment of AED 44 million by J.P. Morgan

    United Arab Emirates

    USD 8 billion global diagnostics and point of care business acquisition

    Advising a global conglomerate on the acquisition of a diagnostics and point of care business, operating in seven countries in the Middle East as part of a global acquisition worth in excess of USD 8 billion

    United Arab Emirates
  • Acquisition, development and letting over 45 primary care properties

    Acting for private sector healthcare groups in relation to the acquisition, development and letting of over 45 primary care properties, we developed specialised leases and other documentation to deal with the unique aspects of leasing to doctors.

    United Kingdom

    GBP 1 billion hospital PFI transaction

    Acting for the consortium in respect of a GBP 1 billion hospital PFI transaction in the city of London, including drafting sections of the construction and facilities maintenance contracts to reflect pertinent legislative changes

    United Kingdom

    GBP 361 million Fit for the Future Project

    Acting for the hard and soft services provider on the FM services for two new hospitals in the Stoke-on-Trent area under the North Staffordshire Hospitals NHS Trust

    United Kingdom

    Healthcare provider alleged systems failure claim

    Acting for a private company that owns and runs 7 GP practices in relation to alleged systems failures, in particular, allegations that its medical records system was not fit for purpose and as a consequence it led to independently employed nurses not being able to provide the appropriate level of care that patients can expect. We were successful in obtaining discontinuance of the claim for this client

    United Kingdom

    Leading US surgeon clinical negligence claim

    Acting in a complex, extremely high value and multi-jurisdictional matter in which a professional premiership footballer sued a world leading USA knee surgeon following reconstructive surgery to his knee

    United Kingdom

    Skanska and Innisfree consortium GBP 1 billion PFI projects

    Advising the Skanska/Innisfree consortium on PFI healthcare projects at four major PFI hospitals in the Midlands valued at GBP 1 billion

    United Kingdom

Our Public Sector Healthcare team

Christina Bateman
Christina Bateman

Partner

Deborah Boyd
Deborah Boyd

Partner

Thomas Choo
Thomas Choo

Managing Partner

Ross Donaldson
Ross Donaldson

Partner

Athol Gordon
Athol Gordon

Partner

Sam Holden
Sam Holden

Partner

Anthea Lane
Anthea Lane

Partner

Rachael Morris
Rachael Morris

Partner

Claire Petts
Claire Petts

Partner

Mphengoa Phooko
Mphengoa Phooko

Legal Director

Vanessa Splaine
Vanessa Splaine

Partner

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