Legal advice for general practitioners

Legal support for GPs in a changing NHS

General practice continues to face some of the most significant pressures and reforms since the creation of the NHS. The ambitions of the NHS 10‑Year Plan — bringing care closer to home, strengthening neighbourhood‑level working and supporting integration — are now intersecting with real‑time challenges: the roll‑out of the Provider Selection Regime, the CQC’s Single Assessment Framework, workforce constraints, changing commissioning structures and increasing expectations around collaboration and scale.

GP practices are being asked to adapt quickly, operate within new models of partnership and delivery, and manage growing operational complexity — all while delivering safe, continuous patient care.

Hempsons is one of the UK’s leading advisers to general practitioners. We work with thousands of GPs and hundreds of practices nationwide, helping them navigate change confidently, manage risk and make decisions that support long‑term sustainability.

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How Hempsons supports general practice

We support GP partners, practice managers, PCNs and primary care organisations across every stage of the practice lifecycle — from everyday operational matters to major strategic transformation.

Our advice is practical, commercially focused and grounded in a deep understanding of how general practice operates within the NHS.

GP partnership agreements and disputes

We help practices establish, maintain and protect strong partnership arrangements, including:

Partnership agreements

  • Drafting modern, bespoke GP partnership agreements
  • Updating existing agreements through deeds of variation
  • Preparing deeds of adherence for incoming partners
  • Advising on admission, retirement and long‑term succession
  • Ensuring agreements reflect contemporary workforce and contractual realities

Partnership disputes

  • Early dispute resolution and strategic advice
  • Managing conflict between partners
  • Supporting disputes with neighbouring practices or third parties
  • Advising on issues involving commissioners, landlords and subcontractors
  • Supporting mediation, arbitration and court proceedings

GP practice mergers, incorporations and working at scale

Whether practices are considering a merger, forming a PCN company or exploring new delivery models, we provide support across:

  • Mergers, acquisitions and incorporations
  • Choosing the right structure and operating model
  • Governance, risk‑sharing and accountability arrangements
  • Due diligence and contractual reviews
  • NHS contract implications, including the Provider Selection Regime
  • CQC, employment and premises considerations
  • Drafting collaboration and joint‑working agreements

Neighbourhood working, PCNs and collaboration

We advise practices and PCNs exploring neighbourhood‑level collaboration and integrated models of care, including:

  • Developing Single Neighbourhood Providers (SNPs) and Multi‑Neighbourhood Providers (MNPs)
  • Governance, risk‑sharing and liability arrangements
  • Contracting, commissioning and sub‑contracting structures
  • Employment and staffing considerations for PCN companies
  • Supporting engagement with system partners and commissioners

GP premises and property matters

Our specialist premises team advises on all aspects of surgery ownership, development and occupation:

  • Acquisition, disposal and refinancing of GP premises
  • Drafting and negotiating surgery leases
  • Sale‑and‑leaseback arrangements
  • Premises development, refurbishment and relocation projects
  • NHS premises cost reimbursement and related agreements
  • Declarations of trust between partners
  • Managing premises issues on partner retirement or change

Succession planning and GP retirement

We support practices to plan for smooth transitions, including:

  • Long‑term succession planning and practice stability
  • Admission of new partners
  • Mergers as an exit strategy
  • Temporary retirement and NHS pension considerations
  • Advice on practice closure where necessary

NHS contracts, CQC and regulatory compliance

We advise on the full range of contractual and regulatory issues affecting GP practices:

  • GMS, PMS, APMS and NHS Standard Contract requirements
  • Responding to NHS England directions and guidance
  • CQC registration, inspections and enforcement
  • Navigating the Single Assessment Framework
  • Supporting providers facing regulatory action
  • Managing compliance risks as services expand or change

Employment law for general practice

We help practices manage workforce issues confidently and lawfully:

  • Drafting and updating employment contracts and policies
  • Workforce restructuring and role redesign
  • TUPE implications for mergers, acquisitions and collaborative arrangements
  • Secondments, joint appointments and hosted roles
  • Managing disciplinary, capability and redundancy processes

GMC investigations and professional regulation

Our regulatory team supports GPs through all stages of GMC investigations:

  • First responses to GMC complaints
  • Guidance through investigations and Case Examiner processes
  • Support at Interim Orders Tribunal hearings
  • Representation at Medical Practitioners Tribunal Service (MPTS) hearings

Criminal law, inquests and clinical negligence

We provide specialist defence and representation for GPs facing:

  • Criminal allegations
  • Police interviews and court proceedings
  • Coroner’s inquests
  • Clinical negligence claims and early resolution

Free legal resources for GPs

Our primary care team produces a wide range of free tools and resources, including webinars, podcasts, articles and guides designed to give practical insight into the legal issues affecting general practice.

Visit our GP resources page

Frequently asked questions

  1. When should a GP practice seek legal advice?

    GP practices should seek legal advice whenever they are making significant changes or facing uncertainty, such as updating partnership agreements, admitting or retiring partners, merging with another practice, dealing with premises issues, or responding to regulatory or contractual concerns. Taking advice early can help manage risk and avoid disputes later.

  2. Do GP practices need a written partnership agreement?

    While there is no legal requirement to have a written partnership agreement, it is strongly recommended. Without one, a GP partnership will usually be governed by the Partnership Act 1890, which may not reflect how modern GP practices operate and can create risk if disputes arise.

  3. What happens if a GP partnership does not have an agreement?

    If there is no written agreement, the partnership may be treated as a “partnership at will”. This means any partner could potentially dissolve the partnership, which can put the practice’s NHS contract, premises arrangements and staff at risk. A tailored agreement provides clarity and stability.

  4. How can GP partnership disputes be resolved?

    Many GP partnership disputes can be resolved through early legal advice, negotiation or mediation. Where necessary, more formal dispute resolution processes such as arbitration or court proceedings may be required. A clear partnership agreement often makes disputes easier to manage and resolve.

  5. What legal issues should GP practices consider before merging?

    Before merging, GP practices should consider governance and structure, partnership arrangements, NHS contracts, premises ownership or leases, staff and TUPE implications, CQC registration and regulatory compliance. Proper due diligence and legal advice are essential to ensure a smooth and sustainable merger.

  6. What legal issues commonly affect GP premises?

    GP premises issues often include lease terms, ownership structures, NHS premises cost reimbursement, service charges, development or refurbishment projects, and what happens to premises when partners join or leave. These issues can have long‑term financial and operational implications for a practice.

  7. What is the Provider Selection Regime (PSR) and why does it matter to GPs?

    What legal issues commonly affect GP premises?

Free GP legal advice line

Our GP legal advice line offers up to 10 minutes of free preliminary legal advice for GPs and practice managers.

Call 020 7839 0278 and ask for the GP advice line to speak directly to one of our specialist lawyers and understand your options and next steps.

 

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    • Chambers UK 2023
      “Justin was fantastic in supporting us and very knowledgeable.”
    • Legal 500 2022
      “Lisa Davison has excellent knowledge and experience of primary care property acquisitions and disposals.”
    • Legal 500 2022
      “The “pragmatic yet brilliant” Ross Clark and “first rate” Justin Cumberlege head the practice.”
    • Legal 500 2022
      “Healthcare sector specific – in depth knowledge with one stop range of expertise and specialisms.”
    • Legal 500 2022
      “The team at Hempsons essentially did “what it said on the tin”! They communicated well throughout the team so I could speak to anyone any time rather than waiting for a particular person to be in. I was introduced to the team properly. Billing was clear, fair and done regularly. The advice I received was sensible, measured and calming. When we needed to collaborate with other legal firms who also represented me, Hempsons were inclusive and proactive, definitely “going the extra mile”.”
    • Legal 500 2022
      “Expert knowledge and experience in Primary Care including GP practices and Dental practices.”
    • Legal 500 2022
      “Hempsons industry specific knowledge of the healthcare sector is impossible to match. Their ability to unpick and offer comprehensive, pragmatic advice and solutions in the generally opaque area of Primary Care Networks sets them head and shoulders above other firms.”
    • Chambers UK 2023
      “They have fantastic knowledge and an ability to look outside the box. One of the most empowering feelings is knowing that Hempsons will buy into your vision and support you to achieve it.”
    • Chambers UK 2023
      “Hempsons has a market-leading team experienced in all aspects of healthcare partnership law.”
    • Chambers UK 2023
      “I was very impressed with the service we received from Hempsons - they were always available and willing to help.”
    • Chambers UK 2023
      “The team provides high-quality and timely service and has excellent understanding of this sector.”
    • Chambers UK 2023
      “The lawyers explained all the issues clearly, understood our needs and were responsive to our queries.”
    • Chambers UK 2023
      “Their knowledge is second to none and is combined with the ability to explain complex matters to clients with limited legal knowledge.”
    • Chambers UK 2023
      “I was very impressed with the knowledge, level of care and support I received from Ross.”
    • Chambers UK 2023
      “Ross has an amazing knowledge of primary care, both strategically and in terms of what it's like on the ground.”
    • Chambers UK 2023
      “Ross consistently provides a professional and timely service demonstrating real depth of sector knowledge.”