Practitioners

24 hour NHS retirement – piece of cake, right?

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.

A gentler attitude to gripes in pandemic

How will the GMC deal with complaints about your practice during the pandemic? Solicitor and doctor Tania Francis examines the latest guidance.

A guide to bidding for NHS contracts

It may feel counter-intuitive, but independent practitioners wanting to grow their private practices should look at opportunities to secure contracts with the NHS. These are often time-limited and project-focused to help resolve issues. Robert McCartney gives a legal view on preparing for procurement opportunities.

A non-binary approach is required

A recent Employment Tribunal claim has shed light on the extent of the protection offered by the gender reassignment provisions in the Equality Act. This article looks at some of the failings of the employer in that case and highlights some of the things that your Practice may need to be thinking about when it comes to diversity and inclusion.

A partnership dispute will never happen to us… will it?

Justin Cumberlege, a partner in the healthcare law firm Hempsons, specialises in advising GPs. Here he considers partnership disputes and how to avoid them.

Adam Smith Appointed as Assistant Coroner for Inner North London

We are pleased to announce that one of Hempsons’ partners, Adam Smith, has today been appointed as Assistant Coroner for Inner North London (based in St Pancras and Poplar).

Administration after incorporation

Kirsty Odell, Associate and Georgina Hall, Paralegal at specialist healthcare law firm Hempsons explain what you need to do once you have incorporated a company.

Annual Renewal for Dentists and DCPs – Are you on top of your Annual CPD statement?

Annual renewal of registration is required by 31 July each year for Dental Care Professionals and 31 December each year for Dentists. Hempsons solicitor Amie Roadnight highlights the key points.

Are GPs eligible for the new job retention scheme?

Updated government guidance released at the end of last week indicates that GP practices may not be eligible for the new job retention scheme. Read more here..

Are probationary periods working for you?

Do you use probationary periods for new employees? Are you confident you’re using them correctly and getting the most out of them? Julia Gray comments on their use and highlights common mistakes made by employers.

Are you allowed to incorporate your GP practice?

Primary care partner Justin Cumberlege looks at what you need to do if you want to turn your GP partnership into a company.

Are you conflicted?

Some GPs and practice managers have taken on one or more different roles in organisations outside the practice, such as being on the Board of a clinical commissioning group, or federation, and now there is the primary care network (PCN).

Are you licensed for your COVID Vacs sites?

Finding appropriate venues to give the COVID-19 vaccinations has resulted in some creative thinking as to places where this can be done. 

Are you protected, communicating and networking?

Kirsty Odell, Senior Solicitor in the corporate health care team of law firm Hempsons, points the way to develop your Primary Care Network.

Are you sure you own your practice website?

Intellectual Property is the term that is used to describe things that will be owned by someone but are not physical in nature.

Are your dentists really self-employed?

The issue of the self-employed status of associate dentists is also very much a hot topic at the moment – in particular, with a review HMRC has been conducting in recent times and the Employment Tribunal case of Mr A Lynn v. Damira Dental Studios Ltd.

Associates beware!

Most of you will be working as self-employed associates, rather than being employees of the dental practices that you work for. This means that your income as a dentist can be assessed as trading rather than employment income for tax purposes.

Bawa-Garba: the gross negligence manslaughter story latest

A summary of the Dr Bawa-Garba case so far; Should a Doctor’s Gross Negligence Manslaughter conviction lead to automatic erasure from the GMC Register?

Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick

On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.

Best Practice | 9-10 October 2019

Hempsons attended the Best Practice show on the 9th and 10th October 2019.

Beware of becoming a cartel

In the wake of Spire’s £1.2m fine by the Competition and Markets Authority, Michael Rourke draws attention to the competition law implications for independent practitioners.

Calling off frameworks – a cautionary tale for contracting authorities

The High Court has recently handed down judgment in the case of Consultant Connect Limited v NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board, NHS Gloucestershire Integrated Care Board, NHS Bristol, North Somerset and South Gloucestershire Integrated Care Board [2022] EWHC 2037 (TCC).

Can denying the allegations against you be held against you?

Interesting decision in the case of Al Nageim v General Medical Council (Admin) this week. Mr Justice Knowles considered the issue of whether a doctor’s denial of allegations which are then found against them should be used against them when deciding whether their fitness to practise is impaired. 

Capacity to consent to dental treatment: Re TE [2020] 5 WLUK 300

The judgment of Mrs Justice Knowles last week illustrates potential difficulties dentists may face if a patient lacks capacity.

Checked your Covid-19 Collaboration Agreement?

With the roll out of the Covid-19 vaccination programme by general practice starting next week, practices need to agree the terms on which they will collaborate to deliver the programme in accordance with the vaccination enhanced service specification

Claimant found guilty of criminal act cannot claim damages against negligent NHS trust

The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.

Client service uncovered: Hempsons ranked in Legalease’s survey

Hempsons is listed amongst the top 10 London firms in the survey.

Clinical Director – How well do you understand your role?

If you are a Clinical Director, have you considered getting some training? Hempsons has developed a Clinical Directors Masterclass. 

Clinical negligence scheme for general practice – are you covered?

NHS Resolution has published a summary of the activities and roles which are covered by the clinical negligence scheme for general practice (“scheme”).

Clinical Negligence Scheme for GPs Launched

On 1 April 2019, the government officially launched the long-awaited Clinical Negligence Scheme for General Practice.

Clinical negligence: duty and breach

This is the first in a two-part series about clinical negligence, in which we will look at the essential components of a claim. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show that the defendant healthcare practitioner/provider:

Coming together under pressure: Network DES 2020

Justin Cumberlege, a partner in the healthcare law firm Hempsons, highlights some key points in the new Primary Care Network direct enhanced services contract

Considerations when taking on a new GP partner

Justin Cumberlege, a partner in the healthcare law firm Hempsons, highlights some considerations when taking on a new GP partner.

Consultant Cardiologist faced Fitness to Practise Proceedings

Adam Smith was instructed by a consultant cardiologist who faced fitness to practise proceedings before a Medical Practitioners Tribunal of the MPTS regarding his alleged misconduct outside of the work environment.

Consultant’s collaborative working arrangements

It is quite common for consultants to join together and work more collaboratively. This can ease the burden of working alone and being solely responsible for all costs and expenses. Working together can alleviate some of that pressure and assist in moving a business forward. 

Contract changes for 2021/22 announced

NHS England issued a letter on 21 January 2021 summarising changes to the GMS contract for 2021/2022. Ongoing uncertainty arising from the pandemic means that there will need to be further changes to the contract in the course of the year.

Covid-19 – legal issues for GP practices

There is no sector that has been unaffected by Covid-19, but general practice has faced its own unique challenges. In this article, Alison Oliver examines some of the legal issues that have arisen for practices during the Covid-19 pandemic and highlights some key points for practices to consider.

Covid-19 and annual leave

Can we cancel booked annual leave? Can we make staff carry forward annual leave into the next leave year? Can we force staff to take holiday?

Covid-19 employment law implications for your practice

We can help you with legal issues impacting your practice as a result of Covid-19 or the practice generally. Click here for details.

Covid-19 Vaccine Deployment and the importance of Consent

With several potential vaccines for COVID-19 in development, the positive news concerning those in development has been welcome following the second national lockdown.

Covid-19, the employer and the self-isolating member of staff

We know that if we have Covid-19, we need to protect those around us. Whilst that is essential and mandatory, so too is self-isolation for those who have been in close contact with someone who has Covid-19; but what should workers and their employers do?

Covid-19: The impact on the dental market

We are in unprecedented and challenging times with advice and guidance being issued and updated on a daily basis. What is the impact of Covid-19 on dental practices? Faisal Dhalla and Kirsty Odell outline some of the key issues for dental practices here:

Covid-19: The impact on the dental market – update 2

We are in unprecedented and challenging times at the moment and you are no doubt all anxious about the impact that Covid-19 will have on dental practices. Here is our 2nd dental update

COVID-19: The impact on the dental market – update 3

Hempsons' third update on the impact COVID-19 is having on the dental market

COVID-19: the impact on the dental market – update 4

Hempsons' summary and brief analysis of the latest guidance for NHS dental practices which was issued by NHS England on 13th July 2020.

CQC – who regulates the regulator?

It was disappointing to read in the press that the CQC has found that dozens of its reports are flawed.

CQC to step up GP practice inspections from April

The CQC will step up inspections of GP practices from April, targeting practices rated 'inadequate', 'requires improvement' or 'good' with breaches of regulation - and some with no breaches.

Data protection – getting it right

Dentists across the UK will be all too familiar with the Data Protection Act 1998 (DPA) but possibly not yet accustomed to the EU’s General Data Protection Regulation (GDPR) which will apply from 25 May 2018. Notwithstanding Brexit, the UK government has indicated that it will implement the new regime.

Data protection – your obligations as a practice owner

If you handle and process personal information about individuals, you have a legal obligation under the Data Protection Act 1998 (“the Act”) to protect that information.

Declaration of Trust: A useful tool for the modern practice

Lisa Davison, Real Estate Partner, explains why a Declaration of Trust is vital to protect your GP surgery.

Defendant obtains Summary Judgment in Clinical Negligence Claim: Hewes v West Hertfordshire Hospitals NHS Trust & Ors...

In Hewes the Third Defendant (GP) was able to obtain Summary Judgment against the Claimant who had suffered with Cauda Equina Syndrome.

Defendant obtains wasted costs order against Claimant’s medico-legal expert: Samantha Thimmaya v Lancashire Teaching Hospi...

This case highlights the importance of Medico-Legal Experts duties to the Court and the potential consequences when they fail in those duties.

Dental Newsbrief Winter 2017/18

Welcome to the latest edition of Hempsons’ Dental newsbrief, a round-up of some of the hot legal topics in the dental sector

Dental regulation in the shadow of COVID-19

Stephen Hooper assesses the latest regulations to explain what is expected of the dental team during the coronavirus pandemic.

Developing and improving your surgery premises

Bryn Morgan, a partner in the healthcare law firm Hempsons, specialises in advising GPs on property matters. In this article he provides some guidance on improving your premises.

Digital Newsbrief: Summer 2020

Hempsons’ Digital Newsbrief, providing an update on a range of commercial and legal issues as well as a focus on current clients of Hempsons.

Discrimination claims when recruiting

Jon Pearce from specialist healthcare law firm Hempsons warns of inadvertent discrimination when recruiting which could result in a claim

Do you know what contracts you are entering into?

Kirsty Odell, senior solicitor in the corporate healthcare team of law firm Hempsons, looks at potential liability for practices entering contractual arrangements.

Do you want to change or leave your PCN? Have you reviewed the 2021-2022 Network Specification?

If you are thinking of changing PCNs, leaving your PCN or opting out of the Network Contract DES, you must inform your CCG by 30th April at the latest. 

Documenting your practice arrangements

Are you currently operating as a Partnership at Will, with no agreed documentation to govern the operation of your partnership or the ownership of your practice premises?

Does your partnership deed address performance?

Justin Cumberlege provides some guidance on how to address under-performing partners, or conduct issues, in a partnership deed in his latest Practice Management article

Don’t forget your partnership agreements!

With all of the work you are doing at the moment in relation to primary care networks and other forms of collaboration, it is easy to forget, or put to one side, your own internal practice arrangements.

Don’t Neglect Your Partnership

With the focus on primary care networks and integrated care systems in recent months, attention might have shifted from housekeeping around medical partnerships.

Double jeopardy faced by doctors

2023 – a year of change at the GMC? The council is set to lose its power to appeal fitness-to-practise proceedings. 

Dr Bawa-Garba Restored to the Medical Register

Following a hearing at the Medical Practitioners Tribunals Service (MPTS) this week, Dr Hadiza Bawa-Garba has been permitted to return to clinical practice.

Dress codes, headscarves and discrimination

The issue of dress codes and religious clothing has featured in the news recently, following the case brought be a Belgian receptionist in Achbita v G4S Secure Solutions. The case was reported as supporting a ban on headscarves, but the actual outcome was slightly more complicated than that.

Drifting into a contract is perilous

Some key points you should consider when entering a contract are outlined here by Justin Cumberlege, a partner at specialist healthcare legal firm Hempsons.

Eastwoods Representing Team Sky Doctor

Simon Eastwood, instructing Mary O’Rourke QC of Old Square Chambers, is representing Dr Richard Freeman in respect of his ongoing proceedings before the Medical Practitioners Tribunal Service.

Employment law 2020 roundup and what to expect in 2021

The most notable changes to employment law in 2020 were, unsurprisingly, in response to the Covid-19 pandemic. However, there were also a small number of other developments that may have fallen below the radar but which employers should be aware of.

Employment law for private practice – 2020 roundup and what to expect in 2021

There have been notable changes to employment law in response to the Covid-19 pandemic and some other developments which doctor employers in private practice should be aware of. Lucy Miles and Kalani Bogahalande report.

Entry on to a GDC Specialist List

Any dentist with full GDC registration can apply to join one or more of the GDC’s 13 Specialist Lists, which would enable them to use the title “Specialist” in their chosen discipline.

EU workers’ healthcare qualifications to be recognised after Brexit

Regardless of which side of the Brexit debate you are on, the Government has recently provided some much needed clarity to the health sector. The Department for Health and Social Care (DHSC) has confirmed that health and social care workers with professional qualifications from the EU will be able to continue to practise in the UK, even in the event of a ‘No Deal’ Brexit.

Extensive lessons for the GMC to learn from Dr Arora’s case

Dr Arora, a GP in Manchester, was suspended for 'dishonesty' in a GMC hearing that caused outrage across the profession.

Facing the consequences of not having an LLP agreement

Justin Cumberlege, partner in Hempsons healthcare team, explains why an LLP agreement is essential for independent practitioners.

FALQ: Can our PCN be a limited company?

This is the first article in our five part series exploring frequently asked legal questions typically asked by PCNs. Q1 - Can our PCN be a limited company?

FALQ: Do we need to prepare bespoke schedules for our PCN agreement, or can we use the published templates?

What are Primary Care Networks (PCNs) asking us? Welcome to the fourth article in our five part series exploring frequently asked legal questions typically asked by PCNs.  Question 4 - Do we need to prepare bespoke schedules for our PCN agreement, or can we use the published templates?

FALQ: Is there a relationship between our PCNs and our GP federation?

What are Primary Care Networks (PCNs) asking us? Welcome to the second article in our five part series exploring frequently asked legal questions typically asked by PCNs. Question 2 – Is there a relationship between our PCNs and our GP federation? 

FALQ: Should we have other members in our network, apart from core network practices?

What are Primary Care Networks (PCNs) asking us? Welcome to the final article in our five part series exploring frequently asked legal questions typically asked by PCNs. Question 5 - Should we have other members in our network, apart from core network practices?

FALQ: Who should employ PCN staff?

What are Primary Care Networks (PCNs) asking us? Welcome to the third in our five part series exploring frequently asked legal questions typically asked by PCNs. Question 3 - Who should employ PCN staff? 

Fitness to Practise: An overview of GMC processes and common issues for independent practitioners

Due, in part, to the growing use of social media and media coverage of the healthcare profession, complaints to healthcare regulatory bodies are growing. The way in which these complaints are handled is continually evolving in order to manage the growing number of complaints.

Five action points for a PCN to prepare for the future

Reviewing things now will help ensure Primary Care Networks (PCNs) have the framework and flexibility to evolve and develop to meet the demands of 2024, advise lawyers Justin Cumberlege and Robert McCartney. First published in AISMA’s Summer 2023 edition.

Five top tier rankings for Hempsons in the Legal 500 2023 UK guide

Flu vaccinations and the tricky issue of consent – where do pharmacy professionals stand?

As the flu season ramps up, pharmacy professionals shouldn’t become blasé to the fact that obtaining written patient consent is no longer a requirement, advises Thorrun Govind

Foreseeability and causation in clinical negligence cases

This article summarises the law on foreseeability and causation in clinical negligence cases. It focuses on what a claimant needs to prove and the development of the law in these areas.

Funding allocations for PCNs – 15 January 2020 deadline to provide feedback on the proposals

PCN Specifications have been published and will be discussed today on twitter. The Outline Service Specifications for the Network Contract can be found here.

Funding to help your practice change delivery model – you may be eligible for Government funding

We are part of the Go Mutual consortium that has successfully secured funding from DCMS to create and support mutuals. Mutuals cover organisations providing public services (which would include GP Practices holding GMS or PMS contracts) which are considering a new structure which has some element of staff- led representation, governance or ownership.

GDPR – The Final Countdown!

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 one month on – are you compliant yet?

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?

General Dental Council Interim Orders Committee (IOC) Consultation

Hempsons have advised a major dentists’ indemnity organisation on the General Dental Council (GDC) consultation about the IOC.

General practice mergers: Look before you leap!

Hempsons Senior Solicitor Kirsty Odell sets out some of the key considerations for any practice that is thinking of merging.

Getting ready for the COVID-19 public inquiry

As we reported in June 2021, local NHS organisations have been told that they must start preparing for the statutory public inquiry into the COVID-19 pandemic which is expected to begin in spring 2022. Any organisation can be called upon to provide evidence for the statutory inquiry, and individuals may be required to give evidence under oath. With extensive public inquiry experience, Hempsons is here to help.

Getting ready for the COVID-19 Public Inquiry – webinars

We have launched our COVID-19 inquiry webinar series.

GMC Independent Review of Medical Manslaughter recommends sweeping changes to regain the profession’s trust and improve qu...

Since 2011, healthcare professionals have been transfixed by the twists and turns of the investigations and hearings in relation to the trainee paediatrician, Dr Bawa-Garba and her nursing colleague Ms Amaro through their protracted criminal, coronial and regulatory processes.  Dr Bawa-Garba’s treatment in particular by her regulator, the GMC, and its widely criticised decision to appeal its own Tribunal’s determination not to erase her led to the erosion of doctor’s confidence in medical regulation. 

GMS Contract Negotiations 2018/19 – what you need to know

GMS Contract Negotiations 2018/19 - what you need to know The outcome of the latest round of the GMS Contract negotiations for 2018/19 between NHS Employers and the General Practitioners Committee was published by NHS England recently (Gateway Reference 07813).

GP contract agreement puts pressure on PCNs to succeed

The BMA and NHS England have released an update of the GP Contract for 2020/21 – 2023/24. Read more here.

GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited

The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay.

GP refinancing: the value of preparation

Taking time to properly prepare ahead of a refinance by a GP partnership can drastically reduce the timescales and stress. David Naughten explains how to best prepare for the legal process

Great results for Hempsons in the Chambers UK Guide 2021

We are delighted to announce another outstanding year for Hempsons in the Chambers UK Guide. Hempsons has been ranked in six practice areas across our four offices.

Have you got your Primary Care Network Agreement ready?

The GP primary care team at Hempsons have been considering The Mandatory Network Agreement recently published by NHS England. It contains little detail, leaving much to be elaborated in the schedules.

Health and Care Act 2022: What it means for GP practices

The Health and Care Bill received Royal Assent on 28 April and is now the Health and Care Act 2022. In this article, Justin Cumberlege explores what it might mean for the future of GP practices.

Health start-ups: Generating revenue from intellectual property

Doctors in private practice and private healthcare operators are often innovators, developing software, equipment and treatments, and building a ‘brand.’ Using these more widely, both in British healthcare and further afield, could bring benefits to patients - and private practitioners are often keen to help this happen. However, they need to consider what happens to their intellectual property in their innovations. IP is a valuable asset – as is being increasingly realised by the NHS – and needs protecting.

Health start-ups: Look to the future – a round-up

"Look to the future now: it's only just begun". So sang Wolverhampton glam-rockers Slade in their well-known Christmas hit. Whilst I accept that it is still probably a little early to be getting ready for Christmas, these particular words nevertheless seem an apt way of bringing to a close our series of articles on healthcare start-ups and the increasing use of apps and technology for delivering health services.

Health start-ups: Online prescribing is no panacea – the pitfalls and perils of prescribing medication online

This is a particularly complex area so it’s as well to know what is what. Interfaces (such as Amazon, E-bay and Uber) which utilise the internet, SMS and Apps to deliver goods and services, are popular because they save time – and savvy healthcare businesses realise that patients are no different. They view time taken to make doctors’ appointments and queuing at the surgery as wasted time. Such business are capitalising on this perception by creating interfaces which allow patients to obtain prescriptions remotely (on-line, by SMS or App).

Help to ease the pain of partnership disputes

Partnership disputes are time-consuming, costly, stressful and de-stabilising for a practice and the individuals involved. But unfortunately, they are also more prevalent when partners are under pressure, as during the Covid-19 pandemic. Alison Oliver and Ross Clark explore common causes of partnership disputes, how to prevent them happening and what to do if one arises in your practice

Hempsons and Eastwoods: our 2020 vision

2020 will be a particularly exciting year for everyone at Hempsons and Eastwoods, as the two firms merge to create a powerful new force in regulatory, disciplinary and healthcare law.

Hempsons announces partner and associate promotions

Hempsons is delighted to announce this year’s round of partner and associate promotions.

Hempsons celebrate another great year in The Legal 500

We are delighted to announce another outstanding year for Hempsons in The Legal 500. Our team has been praised for its exceptional reputation and high quality of work over the past year.

Hempsons celebrate new rankings in the Chambers UK Guide 2023

The Chambers UK Guide 2023 has been published and the most significant change in this year’s rankings sees us ranked for the first time in the Police Law: Mainly Defendant category, in Band 3.

Hempsons excels in The Legal 500 UK 2020

Hempsons celebrates outstanding results in the Legal 500.

Hempsons listed in The Times Best Law Firms 2020

We are delighted to announce that Hempsons has been named as one of The Times’ best law firms for 2020.

Hempsons shortlisted for Firm (Specialism) of the Year Award at in The Legal 500 Awards 2020

We are delighted to announce that Hempsons has been shortlisted for its Partnership work in the Legal 500 Awards 2020.

Hempsons welcomes new partner – Liz Hackett

Liz Hackett has joined the healthcare advisory team in our Harrogate office this month.

Hempsons welcomes new partner to head up its employment team in London

Hempsons is delighted to announce that Jon Pearce has joined our employment team in London.

Hempsons welcomes three trainees

We are delighted to announce that three trainee solicitors have started their two-year training period at Hempsons.

Hempsons’ Dental Newsbrief: Spring 2021

Welcome to the latest edition of Hempsons' Dental Newsbrief, a round-up of some of the hot legal topics in the dental sector.

Hempsons’ Newcastle office receives a major boost through the appointment of commercial property expert, David Naughten

David Naughten brings a wealth of experience to our commercial property team in the north.

Hempsons’ specialist Dental M&A team support Envisage Dental on another key acquisition

Hempsons have acted for national dental group, Envisage Dental, in their acquisition of a large 8 surgery private practice in South London.

Here’s how to get your Primary Care Network off to a healthy start

Progress towards the deadline for Primary Care Networks in England (PCNs) to finalise their mandatory network agreement has not been as smooth as might have been hoped.

How coroners arrive at their conclusions

In the last of this three-part series explaining how the inquest process relates to independent practitioners, Thorrun Govind explains inquest conclusions and what they mean.

How do you hold a meeting in a lockdown?

Justin Cumberlege considers whether you are able to hold statutory meetings in a lockdown.

How powerful is the owner of a company?

Justin Cumberlege concludes his series on having an incorporated practice by looking at the members’ powers.

How regulation has been impacted by the current coronavirus pandemic

This article will consider what is being expected of doctors who may not have been working in the NHS before the pandemic, how regulation has been amended to provide for this unprecedented situation, and how a doctor’s fitness to practise may still be investigated.

How to avoid a GMC referral

There is probably nothing anyone can do to entirely eliminate the risk of a GMC referral.  Sometimes, it is down to just plain bad luck.  It is certainly often nothing to do with your abilities as a doctor, and that’s important to remember if you are unlucky enough to receive the dreaded GMC letter.

How will your PCN work with others?

One of the requirements of the Network Contract DES Specification for 2020/21 is for PCNs to agree how to work with local community services providers, mental health providers and community pharmacy providers.

If in doubt – declare!

In the case of Dad v GDC, [2021] EWHC 1376 (QB), the Honourable Mrs Justice Collins Rice considered the issue of declarations to the GDC in an application for restoration to the register.

Implications for employers of lifting Covid-19 restrictions

The government has published its COVID-19 Response: Summer 2021 (Roadmap) setting out the details of step 4 of the roadmap out of restrictions for England. The restriction are scheduled to be lifted on 19 July 2021. Hempsons' employment law team discuss the guidance.

Implications of the Health and Care Bill for general practice

The new Health and Care Bill sets out how the government plans to reform health services in England. Alison Oliver looks as what it will mean in primary care

Incorporation of GP practices – what the NHS may require

GP practices wanting to incorporate will be considered in line with new guidance issued by the NHS. GP enquiries about incorporating their practices or forming PCN companies have risen in part driven by the added liability created by PCNs and other "at scale" providers.

Indemnity cover – what you need to know

All doctors and other healthcare professionals should be aware of the need for insurance or indemnity cover, but from time to time I am referred a client who, for one reason or another, doesn’t have cover for a case – be it civil litigation, regulatory (GMC) proceedings or a criminal investigation. This can be a disaster for many reasons.

Inquest podcast: Prison inquests

Season two, episode four: Prison inquests

Inquests podcast series – Child inquests

Welcome to the second of our season 2 inquests podcasts on child inquests

Inquests podcast series – Inquests in care homes

The Inquests Podcasts return for a second season and will take listeners through the journey of specialist inquests, giving helpful background and advice. No1 - Inquests in care homes

Inquests podcast series – The interaction between inquests and civil proceedings

In the third of our inquests podcast series, associates Elspeth Rose and Jennifer Hovington give background and advice while discussing the interaction between inquests and civil proceedings.

Intellectual Property and Health Tech – potential pitfalls

Technology and innovation is at the forefront of current medical practice, with new software, apps and websites being released regularly. This article is designed to offer an overview of some of the potential mistakes you could make if you are considering the development of your own health technology from the intellectual property (IP) perspective.

Interview with former Hempsons senior partner Chris Morris

In this interview with Adrian O'Dowd, first published in the British Dental Journal in Oct 2021, Chris Morris talks about his time as a dentist, love of travel and the lessons he learned during his 30 years at Hempsons. 

Is the incorporation of primary care networks helpful?

Justin Cumberlege from specialist healthcare law firm Hempsons, provides some guidance on incorporating a primary care network

Is your dental practice ready for GDPR?

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.

Is your PCN company eligible for NHS Pensions?

You may no longer be eligible to offer access to the NHS pension for your team if you incorporated a company for your PCN which is a management organisation hosting ARRS and support teams for your members’ practices, and not a health care provider.

Is your primary care network ready for new members?

Justin Cumberlege, a partner in the healthcare law firm Hempsons, suggests how Primary Care Networks should prepare to work with other providers

Is your primary care network ready for the future?

After three years of being a primary care network (PCN), most have developed a way of making decisions, sharing the Additional Roles Reimbursement Scheme (ARRS) staff and the costs, as well as distributing any surpluses.

Is your private practice ready for GDPR?

Is your private practice ready for GDPR? The law will change on 25 May 2018 when the European General Data Protection Regulation will come into effect.

Issues to consider when selling your dental practice post pandemic

The effects of the COVID-19 pandemic have placed unprecedented challenges on healthcare professionals across the world and dentistry is no exception to this.

Joining a partnership? Get trained!

The Government has announced that it will pay for new partners joining GP practices to be trained in being a partner.  Why not sign up to Hempsons’ New Partner training course?

Judgment in BMA / NHSPS Service Charges Dispute

The High Court has released its long-awaited judgment in five “test cases” where GP practices, with the support of the BMA, have challenged service charges demanded by NHS Property Services Ltd.

Keep a close eye on your ‘shares’

The purpose of primary care networks is to bring practices together to work in an integrated way to deliver Directed Enhanced Services (DES). The payments for DES include staffing costs for employees who will work across the network to fulfil the contract.

Keep it legal – informed consent

Montgomery five years on: how has the landscape changed for medical practitioners?

Key legal developments update – July 2021

Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.

Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration

Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration

Lease Negotiations for Private Practices – Tips and Traps

f you have a private practice, you will know that the location, quality and cost of your premises are of fundamental importance to the ongoing success of the business.

Leasing premises – do you know what you’re letting yourself in for?

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.

Legal view: What are the 4 types of age discrimination in pharmacies?

Pharmacy managers must be mindful of the four types of age discrimination – harassment, victimisation and direct and indirect discrimination – say Thorrun Govind and Paul Spencer

Make your merger magic – not manic

The last 12 months has seen practices working much more closely together to respond to the pandemic and to deliver the network contract DES in PCNs. Many practices, having seen the benefits of closer working, are now considering merging. In this article, Alison Oliver outlines some of the key issues to consider if you are thinking about merging with one or more other practices.

Making probationary periods work for you

Are you getting maximum benefit from probationary periods for new staff? Julia Gray examines the purpose and operation of probation and suggests how it can work most effectively in independent practice.

Medico Legal Magazine – Duties of an expert witness: the importance of knowing your limits

Regulatory expert, Stephen Hooper, highlights the importance of remaining objective as an expert witness.

Merger or take-over: Are you prepared?

Have you considered that the practice might be better if it merged or was part of another practice?

Navigating the ins and outs of starting a new Business

Navigating the ins and outs of starting a new medical business can trip up the unwary doctor. Michael Rourke shows what to watch out for at the very start.

Navigating TUPE: Transferring staff to a new PCN company

The Transfer of Undertakings (Protection of Employment) Regulations 2006, better known as TUPE, offers protections for employees when a business or service provider changes hands.

Network Contract DES – Amendment

NHSE has now published an amendment to the network contract DES for 2020/21. PCNs will be able to opt out of the Network Contract DES by giving notice to its CCG by 17th October if they do not wish to accept these revised terms. 

Network Contract DES Specification 2020 / 2021 – key dates for CCGs

The new Network Contract DES Contract Specification contains important key dates for practices, PCNs and commissioners.  Those of particular relevance for CCGs are:

Network Contract DES Specification 2020 / 2021 – what it means for CCGs

Much remains unchanged in the new Network Contract DES Specification, but important changes that CCGs (where commissioning primary care under delegated authority) should be aware of are:

New approach to CQC inspection

The Covid 19 pandemic has seen the way many services operate change, with many face to face services going on-line and digital in a way never seen before. One of those changes is seen with the new CQC approach to inspection.

New Hempsons Southampton office

Announcing the opening of our fifth UK office.

New partner Justin Cumberlege further strengthens Hempsons’ primary care team

Hempsons’ successful primary care team has been further strengthened by the arrival of another nationally-renowned sector leader, as GP specialist Justin Cumberlege joins our London office as a partner.

New podcast: Primary care contracts – don’t get trapped!

Associates Robert McCartney and Kirsty Odell host the latest episode of our primary care podcast, focusing on common traps in NHS primary care contracts.

New Year partner and associate promotions

We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.

Newsflash: Are you ready for the GDPR?

The General Data Protection Regulation (‘GDPR’) comes into force on 25 May 2018 and is the largest overhaul of data protection since the 1998 Act.

Newsflash: Changes to the PSC requirements were made on 26 June this year

Companies and LLPs need to be aware of the increased information requirements in respect of people with significant control (PSC). The details of these changes only became clear at a late date with implementation from 26 June 2017.

Newsflash: Covid-19 NHS letters and dealing with pregnant staff

Click HERE for a brief summary of NHSE&I's letters to GP Practices issued in March 2020. We will be updating the information on our website as further letters are issued. What action should you take in relation to pregnant staff who can’t work from home?

Newsflash: Employment Tribunal fees abolished

The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.

Newsflash: Funding options available for surgery improvements

If you have identified a need to invest in your surgery premises, whether it be for general improvements, extension plans to accommodate a growing local community or a move into newly built fit-for-purpose premises, the next step is to weigh up the potential funding options available to you. 

Newsflash: GOC Guidance

Hempsons' Regulatory and Crime Team have put together a comprehensive summary of the guidance provided by the General Optical Council in response to the COVID-19 pandemic.

Newsflash: Health and Care Act 2022 – Given Royal Assent

With the saying of a little bit of Norman French (“La Reyne le vault”) by the Clerk of the Parliaments in the House of Lords, Royal Assent to the Health and Care Bill was given on 28 April 2022.

Newsflash: Making Sense of Integrated Care

“Our aim is to use the next several years to make the biggest national move to integrated care of any major western country” (NHS England, 2017)

Newsflash: Mandatory COVID-19 Vaccinations in Health and Social Care Revoked

Hempsons legal experts discuss the latest VCod guidance

Newsflash: New NHS Pension consultation launched (and previous 50:50 consultation withdrawn)

A new consultation NHS Pension Scheme: pension flexibility has just been published. This is to address the significant concerns raised by GPs and other clinicians

Newsflash: New tactics required in intellectual property litigation from the Autumn

There have long been restrictions on owners of certain types of IP making “unjustified threats” of infringement action to third parties. Coupled with the fact that the maker of an unjustified threat (which could include a law firm on behalf of its client!) can face legal action, and a claim for damages; this has always been an area which requires careful consideration.

Newsflash: NHS England publishes PCN Development Support Prospectus

NHS England has published a Primary Care Network (PCN) Development Support Prospectus. Aimed at Sustainability and Transformation Partnerships (STPs) and Integrated Care Systems (ICSs), the Prospectus is in two parts. Read more here..

Newsflash: PCN agreements – is yours up to scratch?

Now is the ideal time to review your agreement to ensure that it includes the provisions necessary for proper governance.

Newsflash: Private GP Services – not under my roof!

Recently published NHS England guidance on the new GMS contract (Click here to read guidance), outlines a new blanket ban on GPs advertising and hosting private GP services from within their surgery  premises.  The changes mark a sea change and are potentially a major threat to a number of existing practice business models.

Newsflash: Provider Selection Regime: supplementary consultation on the detail of proposals for regulations

Andrew Daly comments on the DHSC launched a supplementary consultation on the detail of proposals for Provider Selection Regime regulations published on 21 February 2022.

Newsflash: The Next Phase of CQC Regulation

During the summer 2017, the Care Quality Commission (“CQC”) consulted on a number of proposals to develop their regulatory approach in primary medical care and adult social care services. The development in primary care is in response to New Models of Care and large, complex providers.

Newsflash: Unlocking funding for GP premises

GP practices may be missing out on millions of pounds in premises funding available through the planning system. Read more here..

Newsflash: Updated GMC Guidance on Confidentiality 2017

On 25 April 2017, the updated GMC Guidance, Confidentiality: Good Practice in Handling Patient Information (“the Guidance”) comes into effect

NHS Dental Practices Year-End Reconciliation

Following the letter of preparedness issued on 22 December 2020, NHS dental practices should be aware of their increased targets for the last quarter of the financial year and the proposed reconciliation and abatement processes for calculating any clawback and deemed activity.  

NHS England successfully defends procurement challenge

Judgment has today been handed down in InHealth Intelligence Limited v NHS England [2023] EWHC 352 (TCC). Hempsons LLP acted on behalf of NHS England, which was successful in defending the claim brought against it.

NHSPS Lease Regularisation

If you occupy NHS Property Services premises without a lease, you may have received a letter from NHS England and NHS Improvement urging you to engage with the lease regularisation programme. 

No bid, no chance?

On 20 February 2023, the High Court handed down judgment in InHealth Intelligence Ltd v NHS England [2023] EWHC 352 (TCC). Hempsons procurement team discusses the judgment.

Opportunity knocks for GP provider organisations

The new Health and Care Bill published in the summer sets out how the government plans to reform health services and achieve better integration between health and care in England. Ross Clark and Alison Oliver explore some of its key elements and its implications for general practice.

Partner and associate promotions

We are delighted to announce this year’s round of partner and associate promotions, providing a major boost to our Healthcare Litigation and Real Estate teams.

Partnership Disputes – it will never happen to us…will it?

Unfortunately, partnership disputes can and do arise. And when they do, they can be time-consuming, costly, stressful, emotional and destabilising for a practice and the individual partners.

PCN companies – subcontracting restrictions relaxed

We are increasingly being asked by PCNs to advise on whether they can form companies to carry out network activities.

PCN companies and the provision of ARRS

Justin Cumberlege, a Partner in the healthcare law firm Hempsons, considers points at issue in the provision of additional roles reimbursement scheme staff by primary care networks.

PCN DES spec 2020 – are you ready for 31st May?

The network contract DES specification for PCNs has been published and the first date to be aware of is 31st May. Listen to our podcast here

PCN Incorporation – should you?

Have you thought of incorporation? Creating a company with limited liability and a strong legal governance structure to follow can help to mitigate some of the risks for PCN member practices. 

PCN Pension Access Update

In April 2023 the NHS Business Services Authority (“NHSBSA”) amended the application process Primary Care Networks (“PCNs”) needed to use to secure pensions for their team members.

Podcast – The need to know on the Network Contract Direct Enhanced Service (DES)

From the contract specifics, to the key considerations and the legal and practical implications in between, this podcast offers a bitesize overview of what primary care should be mindful of before 31 May 2020.

Podcast: An introduction to inquests for the primary care sector

In the latest episode of our GP podcast series, primary care expert Justin Cumberlege speaks to Sam Wright, a senior solicitor in our healthcare advisory team, about the role of GPs in the inquest process.

Podcast: Complaints handling and an introduction to negligence claims

Following his recent webinar healthcare litigation associate, Nigel Wood, gives an introduction to clinical negligence claims dentists may face, and gives an overview of best practices when it comes to handling patient complaints.

Podcast: Social media uses and abuses in primary care

Social media is a complex issue in employment law. What are the rules for doctors and other professionals? Find out in our latest podcast, hosted by Robert McCartney and Rachel Levine.

Points to watch about PCN staff employment

A tricky issue for primary care networks (PCNs) has been how to go about employing their staff. Some PCNs appoint a lead practice to employ staff on behalf of all practices. Others share employment responsibilities across all practices.

Possible Legal and Regulatory Developments following the Bawa-Garba Case

Possible Legal and Regulatory Developments following the Bawa-Garba Case

Prepare your case for a tribunal

In her article last month, Julia Gray described the process of responding to an employment tribunal claim. Here she considers the steps to prepare the case for hearing or otherwise resolve the claim. Directions – also known as ‘case management orders’ – will be set out in writing by the tribunal telling the parties how to prepare the case for the final hearing. 

Preparing your PCN for the future

Robert McCartney, a specialist primary healthcare corporate lawyer at Hempsons, suggests how PCNs should prepare now for the changes in the contracts in 2024.

Primary Care – the impact of the White Paper

The main thrust of the paper is to put ICS (integrated Care Systems) onto a statutory footing, and provide the statutory foundation for the reforms which are a progression of the Five Year Forward View (which was published 7 years ago now) and the NHS Long Term Plan published in 2019.

Primary Care Networks: Who are you contracting with?

Primary Care Networks: Who are you contracting with? Do you know? The Agreement is a legal contract and in order to ensure that it is legally binding on all the PCN member practices, you need to ensure that those practices are correctly and accurately identified as parties to it.

Primary Care Networks: Who are you trusting to receive the DES payments on your behalf?

Primary Care Networks: Who are you trusting to receive the DES payments on your behalf?

Primary care, New Care Models and STPs roundup

Hempsons is pleased to bring you the latest in its series of news updates on primary care, new care models, STPs and integration.

Prime Minister confirms Terms of Reference for the COVID-19 Inquiry

The Prime Minister has published the final Terms of Reference for the COVID-19 Inquiry, confirming in a written statement yesterday that “The UK inquiry into COVID-19 is now formally established and able to begin its important work”.

Private practice practising privileges – What to do when problems arise

Stephen Hooper and Simon Eastwood give some essential guidance on practising privileges for independent practitioners.

Property ownership on a partner’s retirement

Hannah Lawton, a solicitor from specialist healthcare law firm Hempsons, provides a reminder that you must ensure that a retiring partner has been removed from the property ownership and released from any mortgages.

Protection for whistleblowing

What has whistleblowing got to do with doctors working in private practice? Isn’t that an issue relating to doctors in employment only? The recent employment tribunal case of Shoukrey v BMI Healthcare Limited shows this is not the case, warns Paul Spencer.

Record keeping – how to avoid criticism by a critical eye

Record keeping is a subject widely discussed, the subject of much advice and guidance, but regularly got wrong. It is important that records are accurate, not only to ensure safe and appropriate patient care, but also as a safeguard for you if things go wrong.  After all, your records are (or should be!) a first hand, contemporaneous account of your appointment with the patient and therefore, arguably, the most reliable source of evidence as to what happened.

Record Keeping: A Silver Bullet?

Stephen Hooper has contributed an article to Implant Dentistry Today.

Reforming the Mental Health Act – Government proposals and consultation

The Government has published details of a ‘Reforming the Mental Health Act’ White Paper. The paper is intended to build on the recommendations of the 2018 Independent Review and emphasise principles of choice and autonomy, least restriction, therapeutic benefit and recognition of the person as an individual. The aim is to increase parity between physical and mental health.

Regulation of Notifiable Diseases

From the 5 March 2020, Covid-19 was added to the list notifiable infectious diseases under the Health Protection (Notification) Regulations 2010.

Revalidation – a trap for the unwary?

All doctors will be aware of the need to revalidate and the GMC’s responsibilities in this regard. Revalidation is the process by which doctors are required to demonstrate that they are up to date and fit to practise. Doctors must revalidate every five years, and in order to do so they must have annual appraisals based on the GMC’s guidance, Good Medical Practice.

Revalidation – a trap for the unwary?

All doctors will be aware of the need to revalidate and the GMC’s responsibilities in this regard. Revalidation is the process by which doctors are required to demonstrate that they are up to date and fit to practise.  Doctors must revalidate every five years, and in order to do so they must have annual appraisals based on the GMC’s guidance, Good Medical Practice.

Revised Network Contract DES – key date 31 August – Workforce

The network contract DES for 2020/21 contains various key dates of which practices, PCNs and commissioners need to be aware. Key dates for 2020 are summarised in PDF and upcoming dates are listed below.

Revised Network Contract DES – key dates

The network contract DES for 2020/21 contains various key dates of which practices, PCNs and commissioners need to be aware. Key dates for 2020 are summarised here.

Revised Network Contract DES – key dates for CCGs

The network contract DES for 2020/21 contains various key dates of which practices, PCNs and commissioners need to be aware: PCNs – September to implement Workforce plans

Revised Network Contract DES for 2020/21 published

NHS England and NHS Improvement (NHSEI) has just published the Network Contract Directed Enhanced Service (DES) for 2020/21 alongside associated guidance.

Securing the right lease for your dental practice: key considerations when taking on leasehold premises

The premises out of which a dental practice is run are one of the most important elements of a dental practice sale/purchase. It is important that time and care is taken to ensure that the terms on which the practice occupies the premises are appropriate for the continued requirements of the business.

Selling or buying a dental 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.

Settlement in BMA / NHSPS Service Charges Dispute

Seven good reasons to make a will

Half of the adult population dies intestate.  Yet a will is one of the most important documents you will ever write. This is particularly relevant to private practitioners who need to carefully consider the impact of their financial affairs throughout their professional lives and into retirement, keeping their will under periodic review. Here are seven good reasons why you should make one.

Sexual Harassment in the Workplace consultation: the government’s response

The government has released its response to the consultation on Sexual Harassment in the Workplace, promising to further protections to employees who are victims of sexual harassment, whilst giving employers support to put measures in place to respond to the needs of their organisation, and provide explicit protections from third-party harassment.

Sharing staff across a network

The concept behind primary care networks is to bring practices together and work in an integrated way across Directed Enhanced Services (DES). The payments for DES include staff, so they will be working across the practices and different employers.

Should I become a partner as a practice manager?

Justin Cumberlege from specialist healthcare law firm Hempsons flags up some of the issues to be considered before joining the partnership

Simon Eastwood represents Singapore-based doctor in GMC proceedings

Simon Eastwood, who instructed Adrian Hopkins QC of Serjeants Inn chambers, recently represented a Singapore-based doctor in relation to fitness to practise proceedings brought by the  General Medical Council (GMC).

So you want to buy a practice?

Kirsty Odell sets out some of the key stages to buying or selling a practice, which will keep you on the right track for a smooth transition from buyer to practice owner.

So, what now for PCNs?

At the special conference of LMCs on 11th March an overwhelming majority (3 to 2) voted in favour of resolutions. Could this be the end of PCNs?

Staff problems after lockdown

Doctor employers face ongoing staff management challenges as lockdown restrictions ease. Lucy Miles and Isobel Davis highlight some areas needing consideration. 

Starting out is a balancing act

While many doctors find their businesses suffering in the lockdown, others are planning to set one up. So what do you need to know to be within the law? Read our guidance on the legal considerations that you need to think about if you are setting up a UK healthcare business.

Statutory Books – Keep them up to date or be fined!

Sana Sadiq, Solicitor in the corporate healthcare team at law firm Hempsons, considers the importance of maintaining company statutory registers.

Stephen Hooper appears in Modern Dentist Magazine

Stephen Hooper appears in the latest issue of Modern Dentist Magazine to take part in their first Forum. The experts give their opinion to a number of questions focused on risk, clinical negligence and malpractice claims.

Stephen Hooper appears in The Leaders Council podcast

Stephen Hooper invited onto an episode of The Leaders Council podcast, which also included an interview with Lord Blunkett.

Stephen Hooper successfully defends GP surgery

Stephen Hooper, who instructed Jim Duffy of 1 Crown Office Row, has successfully defended a GP surgery in a claim for clinical negligence, after a former patient fell pregnant and alleged that the surgery had negligently failed to prevent it.

Stephen Hooper successfully defends GP surgery

Stephen Hooper, who instructed Clare Hennessy of Serjeants’ Inn Chambers (jointly-instructed by Hannah Eccles of DAC Beachcroft), has successfully defended a claim for clinical negligence against a GP Surgery.

Supply and demand in the time of Covid

With a busy flu vaccination season, surgeries have had to juggle supplies with unprecedented demand - In ordinary circumstances surgeries, without a wholesale dealers license, are not permitted to share vaccines amongst themselves. Though in the past the MHRA has issued an exemption allowing this

Taking over a failing practice

Kirsty Odell, an associate in our GP team, sets out some of the key stages in taking over a failing GP practice

Terms and Conditions Apply – The Rolling Contract

Alchemists sought to turn base metal into gold, but their searches and efforts proved fruitless.  Physicists have studied the cosmos and determined that there can be no perpetual motion due to the laws of thermodynamics. Lawyers, however, have worked out how to turn base letters into gold, through the perpetual (or at least rolling) contract.

The ‘right to return’ – where GPs suspend their primary care contracts to participate in an Accountable Care Organisation,...

NHS England consulted in the autumn on changes to regulations to support the introduction of Accountable Care Organisations (ACOs). This included consultation on the ‘right to return’, a mechanism designed to provide assurance to GPs considering integrating their services with an ACO.

The attitude towards Litigants in Person: An end to latitude?

Niloo Bozorgi explores the additional challenges of defending a claim when the patient is not legally represented and hopes that the courts may be becoming a little less lenient towards such litigants.

The Coronavirus Directions 2020

NHS England is taking on powers that are usually held by the Clinical Commissioning Groups (CCGs) to commission services in relation to the Covid-19 pandemic.

The Cumberlege Review – our safety cultures need a fix

Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests

The delicate balance – ill health dismissals

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 [2017] EWCA Civ 145 provides some useful guidance on this issue

The Devon decision and remote examination: where to go from here?

When the decision in Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin) came out on 22 January 2021 we said “Don’t Panic”. Further analysis and feedback from clients suggests there is cause for, if not panic, then some concern about the implications. In particular, there is a cohort of patients on renewed CTOs whose outcomes may be adversely affected.

The importance of warranties

When independent practitioners are buying or selling a business, half of the agreement for the sale will be a schedule of warranties. If you are prepared to answer them before you go to market, the higher the value your business is likely to be, because each warranty you cannot confirm, is money off the price.

The legal duties of maintaining a firm

Many businesses are choosing to limit their liability by operating as corporate vehicles instead of as sole traders or partnerships. 

The life and death implications of a coroner’s call to the pharmacy

How pharmacists should handle a coroner’s request for information about a death, revealed by Thorrun Govind and James Down.

The Mandatory Network Agreement

The Mandatory Network Agreement was published by NHS England and the British Medical Association.1

The NHS Resolution Clinical Negligence Indemnity Scheme for GPs

On 1 April 2019 NHS Resolution began operating a new state indemnity scheme for general practice. This article seeks to outline the Scheme including an overview of the claims process, what is covered and when to contact NHS Resolution to report in potential clinical negligence claims. It also explains the support that will be provided to you if you are named as Defendant in a claim.

The paperwork you have to cough up

Documents and their disclosure are a key component of every case Vicky Rowlands and Emma Summerfield  work on as clinical negligence solicitors. 

The perils of social media

Rachel Levine explains who the law protects in social media and how you can shield yourself as an employer and/or employee against its dangers.

The Primary Care Premises Forum: Rent Review and Lease Renewal Guidance for GP Tenants

The Primary Care Premises Forum (PCPF) has published a guide to help GPs through the complex process of rent reviews and lease renewal.

The real costs of negligence claims – who pays?

Niloo Bozorgi looks at the costs of clinical negligence claims for independent practitioners and upcoming changes that will affect them.

The role of Federations and GP provider organisations going forward

It's been reported in Pulse that GP federations will not count as primary care networks 'in most cases’ and that “Practices will have just a couple of months to join new primary care networks if they are to qualify for a significant amount of funding being invested in the organisations by NHS England" - all part of the new five-year framework for GP contract reform to implement The NHS Long Term Plan.

Thinking of changing your practice structure? You may be eligible for Government funding

Organisations seeking funding are required to submit an expression of interest to DCMS by 21st February 2019

Title defects – proceed with caution

It is important to be forward thinking when title defects are discovered on property that you own. There are often a number of options when considering how to deal with title defects. But what can seem like an easy solution at the time might in fact bring about larger problems down the line due to the strict requirements potential buyers or lenders often have.

To terminate or not to terminate?

The Court of Appeal recently considered a case which is of interest to all NHS primary care contractors, and particularly those who provide services under pilot contracts or other temporary contracts which are ancillary to their core NHS contracts, as well as being of general interest from a contract law perspective.

Top tips to maximise income from your surgery premises

Could your building earn you more in these challenging financial times? Bryn Morgan provides some tips to consider.

Trust registration service and the impact on GP partnership property

Since 2017 trustees have had obligations to register and provide information about trusts and their beneficiaries to HMRC’s Trust Registration Service (the TRS).

Update on HSSIB/ MNSI

There will be a 6-month delay until the establishment of the Health Services Safety Investigations Body (HSSIB) and the Maternity and Newborn Safety Investigations Special Health Authority (MNSI).

Updated ACAS guidance on managing sickness absence

Updated ACAS guidance on managing sickness absence for employers in the healthcare sector.

Updates to Furlough Guidance

In the last week the government has released two further versions of the Coronavirus Job Retention Scheme guidance. The scheme is due to go live on Monday 20 April. We know some practices have been considering furloughing staff, although it is not entirely clear whether they are eligible.   

Updating your partnership deeds

There have been significant changes in GP primary care and Justin Cumberlege, a partner in our GP team, highlights what needs updating in partnership deeds

Urgent NHS Vacant Space Requirement

Hempsons, as a member of the Primary Care Premises Forum, has been asked to assist with the urgent collection of data on vacant and to let primary care accommodation for potential use during the current Covid-19 emergency. 

Vicarious Liability and independent contractors – recent Supreme Court decisions

On 1 April 2020 the Supreme Court handed down two Judgments in Barclays Bank Plc v Various Claimants [2020] UKSC 13 and WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 in which the Court appears to be moving against vicarious liability. This article sets out the decision in Barclays Bank and considers the independent contractor Defence.

Vicarious Liability and Non Delegable Duty

Recently, there has been a spate of case law in vicarious liability and non-delegable duty which can affect dentists, and the main dental practice owners.

Watch how you hire advisers

Solicitor Robert McCartney has a warning to everyone who works as or who uses freelance workers – including ‘independent’ doctors.

Welcome to Hempsons’ Dental Newsbrief

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 the opportunities with GP Primary Care Networks?

Since April 2019 all GP practices have been strongly encouraged to form Primary Care Networks (PCNs) covering a population of 30,000 – 50,000 people.

What are your duties as a company director?

Justin Cumberlege, a Partner in the healthcare law firm Hempsons, provides advice to practice managers on becoming directors of companies.

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.

What contract to use when taking on staff

Are you considering taking on staff, but unsure about the basis on which to engage them? Should you opt for a free-lancer, or offer an employment contract? This article addresses the most common questions about employment status, with particular focus on the risks and benefits of self-employment.

What happens in the hearing itself

In her last of three articles about employment tribunals, which can cost doctor employers many thousands of pounds if they lose, solicitor Julia Gray explains what to expect if you face a hearing.

What happens when you’re called to an inquest?

In this three-part series, inquest solicitors from Hempsons explain how the inquest process relates to independent practitioners. This month, Clementine Robertshaw shows how to prepare for giving evidence to an inquest in writing and if called to attend in person.

What has the impact of Covid-19 been on the dental market and how will this affect practices going forward?

Covid-19 has had a huge impact on businesses across the country and dental practices are no exception to this.

What is your liability for repairs?

What type of surgery lease do you have and what is the extent of your repair liability? You need to know, or you could end up with a bill of destabilising proportions.

What next for primary care networks?

Kirsty Odell, senior solicitor in the corporate healthcare team of law form Hempsons considers whether a corporate structure would benefit primary care networks

What now: Vaccination as a Condition of Deployment

Yesterday evening, Sajid Javid announced a reversal of government policy to implement mandatory vaccinations throughout much of the health and social care sectors.

What the new provider selection regime means for GP practices, PCNs and GP provider organisations

New procurement regulations have been laid before Parliament which, when in force, will make considerable changes to the commissioning of health care services including, in particular, primary care.

What type of company should our PCN be?

Justin Cumberlege, from specialist healthcare law firm Hempsons, provides some guidance on the type of company you may want for your primary care network and whether a community interest company might be right for you.

What you need to know about new partner incentive payments

The NHS New to Partnership Payment Scheme (N2PP) provides funding to encourage clinicians to take on partnership roles in GP practices. In this article, Alison Oliver (a partner at Hempsons) runs through the main features of N2PP and summarises some key considerations for both the practice and for a new partner joining a practice.

What you need to know about PCN sub-contracting

Practices wishing to sub-contract their services to PCN companies or other groups of providers since October 2022 have had to use an NHS standard template. But many PCNs have yet to adopt this contract or adjust it to their local needs.

When you’re asked to go to an inquest

In the first of a new three-part inquest series, Thorrun Govind explains the inquest process and what happens if you are called to attend – with additional material from James Down.

Whistleblowing and Covid-19: implications and key considerations for GP practices

Covid-19 has brought safety concerns and whistleblowing protections into sharp relief. Martin Cheyne explores some implications for practices to watch out for.

Whistleblowing dismissals – Employment Appeal Tribunal decision

Kong v Gulf International Bank (UK) Limited Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.Kong v Gulf International Bank (UK) Limited. Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.

Who employs your PCN staff? What’s the risk?

NHSE hosted a Twitter chat yesterday on PCN workforce. Much of the focus was around recruitment issues, but accountability for and by PCN is crucial.

Who is in charge if a GP practice is a company?

In his previous articles, Justin Cumberlege explained why forming a company could be a good idea for growing GP practices. This article looks at the role of the director.

Why do we have companies when we can have partnerships?

One of the issues legal expert Justin Cumberlege often has to explain to practice managers is the difference of running a practice as a company, rather than a partnership. Here he takes an in-depth look at the subject and why the change can be of benefit to GPs.

Wrongly losing a contract – not necessarily a “sufficiently serious” breach of procurement law?

Second article on the decision in Braceurself Limited v NHS England [2022]

You’re all in it together

A Declaration of Trust is a useful tool for independent practitioners to protect valuable property investments and exposure to unforeseen liabilities.