Healthcare

Healthcare is of growing importance as an area of legal practice. A sharply increasing population and increasing longevity have combined in recent years to put unequalled pressure on the NHS. This resulted in the Health and Social Care Act 2012 and a major restructuring of primary healthcare. For those in the health sector, a knowledge of the law and the rules of regulatory bodies is the best way to stay ahead of ongoing changes to how care is delivered. Further, access to specialist healthcare lawyers who can offer dispute resolution services or advise on the financial aspects of practice management can make all the difference to your ongoing success.

At Clough & Willis, our healthcare law specialists have broad experience supporting clients in the health and care sector by providing comprehensive advice and legal services. This includes everything from compliance and dispute resolution to buying, selling or funding care homes, and our healthcare team can develop a thorough legal strategy to help you approach your goals. With years of experience in delivering high quality legal services to healthcare providers and professionals, Clough & Willis can help you with all of your needs.

Contact Clough & Willis' expert healthcare lawyers today for expert legal advice and representation. Call us on 0800 083 0815 or use our online enquiry form to request a call back at your convenience.

How Can Clough & Willis Help?

The team at Clough & Willis has a number of specialists in different areas relevant to heath and care services, from providing strategic advice on corporate transactions to delivering alternative dispute resolution and employment law guidance. With a thorough approach, we can help you avoid legal issues as you develop and grow your GP or dental practice and provide comprehensive support on everything from property transactions to investment.

In the healthcare sector, we advise:

• GPs on professional partnership matters including practice agreements and dispute resolution   
• Dentists on partnership or alternative structures; practice sales and purchases 
• Care homes on sales and purchases 
• Banks on care home funding
• Local healthcare organisations

Because this approach covers the concerns of healthcare providers and public bodies from different angels, we have experience in how the relevant legal frameworks apply and this means that we can offer pragmatic advice tailored to your specific goals. Whatever you need, whether as a business in the health and social care sector or an investor looking to get involved, speak to Clough & Willis to learn more about how we can help.

Our Services

At Clough & Willis, our healthcare lawyers offer legal services in healthcare cases focusing on the following areas:

• Care Homes
• Dental Law
• General Practitioners

Across the health sector, we can deliver a broad range of services that encompass the practical requirements of healthcare businesses.

Clough & Willis' healthcare solicitors can play a key role in managing legal matters related to the workforce in the healthcare sector, where the complexities of employment law often intersect with clinical and regulatory frameworks. Our services include:

Drafting and Reviewing Contracts

Contracts are central to the functioning of healthcare organisations, and our solicitors can play an instrumental role in negotiating, drafting, and enforcing agreements. We can create tailored employment contracts for healthcare professionals, including those for doctors, nurses, and administrative staff. In doing so, we can also advise you on discrimination claims relating to protected characteristics under the Equality Act 2010, such as gender, race, or disability, and helping healthcare organisations to implement inclusive employment practices.

We can also review and draft contracts between healthcare providers and external suppliers or contractors, covering services like medical equipment provision, IT support, or cleaning services. This includes helping healthcare partnerships, such as GP practices or dental clinics, with partnership agreements that outline roles, responsibilities, and profit-sharing arrangements.

As part of this process, we can monitor for compliance with public procurement regulations for NHS trusts and other public sector healthcare providers when they are awarding contracts to private suppliers. Clough & Willis can provide legal advice on tendering processes and also handle disputes during or after procurement, as we have outlined below.

Property Management, Mergers and Acquisitions

Property matters in the healthcare sector often involve unique challenges, but our solicitors can help clients to navigate the complex legal and regulatory frameworks that apply when buying or selling health and care sector properties. Assistance provided by Clough & Willis can include:

• Advice for healthcare companies on acquiring or leasing properties for hospitals, clinics, or care homes.
• Reviewing compliance with planning permissions, zoning laws, and healthcare-specific building regulations.
• Supporting healthcare organisations in property developments, such as building new facilities or refurbishing existing sites.
• Negotiating with contractors, handling construction disputes, and addressing environmental impact requirements.
• Assisting private healthcare providers or investors in financing property acquisitions or developments.
• Advising on funding agreements, mortgages, and tax implications.
• Guiding healthcare organisations through restructuring processes, including redundancy consultations and compliance with statutory obligations, following acquisitions or mergers.

Alternative Dispute Resolution (ADR) in Healthcare Matters

Alternative dispute resolution is a valuable approach to resolving disputes in the healthcare sector. If disputes that arise can be resolved through ADR, this can prevent the need for court litigation, which often makes it the most efficient and collaborative way to resolve disputes.

Our solicitors can:

• Represent organisations in disputes over property boundaries or access rights.
• Manage disputes among partners, such as exits or changes to partnership structures.
• Advise on contractual disputes, including breach of terms or delayed service delivery.
• Give guidance on ADR methods like mediation, arbitration and early neutral evaluation.

Mediation can be used to address disputes between healthcare providers, patients, or third parties, such as suppliers or landlords. It is particularly effective for employment or partnership disagreements. A neutral mediator facilitates discussions to help the parties reach a mutually agreeable resolution, and a solicitor can help to put forward your argument and negotiate on your behalf. For contract disputes, we may recommend arbitration, which provides a private forum in which to discuss the dispute. In these cases, a neutral arbitrator delivers a binding decision, which may be preferred for disputes involving high-value contracts or commercially sensitive matters, or where an amicable resolution is unlikely.

Our healthcare solicitors leverage ADR to protect clients' interests while avoiding the potential financial and reputational risks associated with court battles. Whether dealing with employment issues, contractual disputes, or property disagreements, ADR is a valuable tool in resolving conflicts constructively.​​​​​​