- Regulatory, Healthcare Litigation
- 020 7484 7515
Contact our dental advice line: 10.00 am to 4.00 pm, Monday – Friday
Simply telephone 020 7839 0278 and ask for the dental advice line or email Chris Morris, who leads our dental team. Our team of experts can offer dentists and members of dental teams up to ten minutes’ free legal advice.
Our dedicated national team provides legal advice to dental practitioners on specialist regulatory, corporate and commercial matters:
- The sale and purchase of dental practices
- Partnership/expense sharing agreements
- Performers List issues
- Fitness to practise hearings
- Partnership disputes
Selling or purchasing a practice
Our expertise in the GDS and PDS Regulations, the Dentists Act and other relevant healthcare legislation, together with our corporate law expertise, will ensure that your sale or purchase is structured in a robust manner. Our national Real Estate team is experienced in providing expert advice to our dental clients as part of their practice sale, purchase or incorporation. The property related elements of the sale and purchase of a dental business are fundamental yet often overlooked, particularly at the very outset of the negotiation. What value is the practice without premises to operate from? The risk is potential delay at a crucial stage of the commercial transaction and loss of negotiating position.
Partnership/expense sharing agreements
The decision to go into a partnership (whether this be a full equity sharing arrangement or merely an expense sharing arrangement) may be taken quickly and easily – but the repercussions of failing to record these arrangements accurately are likely to be far more challenging to untangle if your business relationship has not been set up properly from the outset.
Premises form the most crucial aspect of any dental practice as without them, it is quite simply impossible to provide a service – yet it is not simple to find alternative premises down the road. Planning issues are always of paramount importance and particularly in the case of NHS premises, the DV and NHS England have a significant impact on what you may wish to do.
Employment law is perhaps the fastest moving of all areas of law, and we see a constant stream of new requirements that your practice will have to comply with as an employer. Add to that the disruptive potential to a partnership of an escalating employment dispute without the luxury of dedicated HR expertise to call upon, and it is easy to see why employment law can be such a worry for dentists.
Performers List issues
Dentists working in NHS practice, and various salaried posts, are required to have their name on NHS England’s Performers List. We are highly experienced at providing advice on the on the issues that can arise from joining the Performers List and understand the application issues that can be encountered.
Fitness to practise hearings
An investigation by one’s regulator can be stressful and impact on a practitioner’s ability to practice. We aim to alleviate the stress by providing clear, pragmatic advice and supporting individuals throughout the process.
As a full blown partnership dispute which ends up in Court can cost upwards of £200,000 plus VAT (with the accompanying risk of having to bear the other side’s costs if you lose), it is particularly important to seek guidance from specialists who have a full understanding of the environment in which you operate. This includes your relationship with NHS England, which can often be crucial in determining the most appropriate way forward. Disputes of any nature are traumatic and time consuming, as well as being potentially extremely costly. This is ever more so when they affect your professional livelihood and arise out of a breakdown of a relationship with someone you may have worked with for many years.
- Clinical negligence, healthcare advisory
- 0161 234 2402
- Corporate, Commercial
- 01423 724019
- Fitness to practise; clinical negligence
- 020 7484 7547
- Regulatory, Healthcare Litigation
- 020 7484 7515
Afraid not! The process for 24 hour retirement from your NHS contract can be complex and will take quite some time. Faisal Dhalla, a partner in the specialist commercial dental team at Hempsons shares his tips and advice for ensuring your 24 hour retirement goes smoothly.
Welcome to the latest edition of Hempsons’ Dental newsbrief, a round-up of some of the hot legal topics in the dental sector
GDPR - The Final Countdown! Are you ready for 25th May 2018? Make sure you don’t get caught out and seek legal advice to ensure your policies and procedures are robust and that your staff know and understand the new rules.
GDPR day – 25th May 2018 – came and went with a flurry of Privacy Notices and Policies filling our in-boxes but did everyone take stock of their data and their responsibilities or are there thousands of businesses out there who are yet to up-date their systems and processes?
The current law governing the use of personal data in the UK is the Data Protection Act 1998 (“DPA”). The law will change on 25 May 2018 when the European General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) will come into effect.
Many dental practitioners struggle with the decision of whether to purchase their practice premises or take a lease from a landlord. A well negotiated lease can leave dentists with a greater degree of flexibility when considering retirement or the sale of their practice.
Selling or buying a dental practice? At Hempsons, we have a dedicated national team which provides expert advice on the sale and purchase of dental practices.
Deciding when is appropriate to terminate the employment of an employee who has been long term absent due to ill health is a difficult decision. The Court of Appeal’s decision in O’Brien v Bolton St Catherine’s Academy  EWCA Civ 145 provides some useful guidance on this issue
2017 has certainly been a year of mixed fortunes for the UK dental profession. The continuing collateral damage caused by the UDA system in England and Wales has been heightened by the scale of the financial clawbacks from NHS contract holders – these clawbacks have become more frequent, and they are often larger. But the less obvious and more troubling consequence is that this money recovered from dental contract holders is being redeployed elsewhere in the NHS rather than being reinvested in dentistry, and is effectively a cut in dental funding.
What are your obligations with The General Data Protection Regulation (GDPR) – are you going to be ready?
Certain types of personal data must be treated with particular care due to the sensitive nature of that personal data. This is of course common sense. ‘Health’ comes under what the ICO (Information Commissioner’s Office) calls the ‘special category’, making it a mandatory obligation to comply with the GDPR and more especially if you work in the health professional field.
“Anne Ball is an extremely impressive individual who is hugely experienced and spot-on with her strategy. ”
“Chris Morris' attention to detail and risk management is unsurpassed - he has real insight into our practice area. ”
“Wise, experienced, good tactician”
“Tania Francis skilfully sorted out a settlement, bringing a huge amount of acumen to the case. ”
“Sharp, thorough, expert in Professional Discipline”