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Plan, Protect, Prosper<br />

A full service legal approach <strong>for</strong> general medical practitioners<br />

www.weightmans.com


Plan, Protect, Prosper<br />

Introduction<br />

In the evolving NHS landscape general practitioners have<br />

greater business opportunities than ever be<strong>for</strong>e but also<br />

face growing challenges.<br />

Is your practice taking the time to plan how to exploit these<br />

opportunities? Of equal importance have you taken the<br />

required steps to protect your business from unwanted risks?<br />

Are you able to ward off potential threats to your business?<br />

Are legal issues arising in your personal life relegated to the<br />

bottom of your priority list?<br />

With specialist advice and a commitment to planning, you<br />

can protect your business and prevent issues becoming major<br />

problems in the future.<br />

Weightmans has an industry recognised team specialised in<br />

representing <strong>GPs</strong> from advising on appropriate ownership<br />

structures, recruitment, change management and healthcare<br />

regulation, through to residential conveyancing, pre-nuptial<br />

agreements , divorce, wills and lasting powers of attorney.<br />

Our private client and medical partnerships teams are ranked<br />

across 5 practice areas in Chamber & Legal 500, including two<br />

top tier rankings.<br />

Our experienced advisors provide full service legal support <strong>for</strong><br />

general practitioners across the country – covering both your<br />

professional and personal needs.<br />

Our lawyers help you:<br />

<br />

Plan <strong>for</strong> the future of your practice and your<br />

personal life<br />

Protect your NHS contract, your premises, and your<br />

personal wealth<br />

Prosper with the peace of mind that comes from<br />

knowing appropriate safeguards are in place <strong>for</strong> every<br />

aspect of your business and your life.


Edwina Farrell gives pragmatic<br />

guidance and is responsive to<br />

client demands.<br />

- Chambers 2017<br />

Edwina Farrell,<br />

Partner


Plan, Protect, Prosper<br />

<strong>Services</strong> <strong>for</strong> your business<br />

The delivery of primary care services continues to evolve,<br />

with competition and diversity increasing in all directions.<br />

Practice advice<br />

In a changing landscape, experience and knowledge are<br />

crucial. By teaming with our primary care specialist lawyers,<br />

who advise <strong>GPs</strong> and local medical committees (LMCs) across<br />

the country, you can be confident you are receiving the best<br />

possible support.<br />

From partnership and property issues through to ensuring your<br />

business structures are fit <strong>for</strong> the future, our clients consistently<br />

value the expertise and diligence with which we operate.<br />

Issues we can advise on include:<br />

Expanding your practice beyond core GMS and PMS<br />

contracts<br />

Structuring and operating GP provider companies<br />

and federations<br />

Participating in accountable care organisations <strong>for</strong> the<br />

delivery of health and social care integration under the NHS<br />

Vanguard ‘New Models of Care’ programme<br />

Securing new premises and grant funding <strong>for</strong><br />

modernisation or extensions of existing premises<br />

Negotiating sale and leaseback transactions to realise the<br />

value of your surgery.<br />

Partnership deeds<br />

Without a <strong>for</strong>mal partnership deed, you are involved in<br />

a partnership at will – a less <strong>for</strong>mal and more uncertain<br />

partnership structure. This is bad news. It almost certainly<br />

means your NHS contract could be threatened, you may<br />

be increasingly unable to bid <strong>for</strong> new contracts, and your<br />

business could be under threat.<br />

Clear and up-to-date partnership deeds remove the inherent<br />

uncertainties, vulnerabilities and potential hazards of being<br />

involved in a partnership at will.<br />

A robust partnership deed regulates the relationship between<br />

partners and helps to prevent unnecessary partnership disputes.<br />

Protecting your premises<br />

Whether you are an owner or occupier, protecting your surgery<br />

is key.<br />

Leaseholders face a range of potential issues. Our team represents<br />

practices and LMCs in lease negotiations, service charge disputes,<br />

and lease assignments.<br />

For existing partners, as well as new partners joining the<br />

business, take time to consider several matters:<br />

Do we have a lease?<br />

Is our occupation secure and is the property properly<br />

maintained?


Are there service charges and what will they cost us?<br />

Can we get out of the lease?<br />

For surgery owners, there are other considerations to answer:<br />

Is my ownership protected?<br />

Does the property allow me to do what the business needs?<br />

Does the mortgage have any restrictions or penalties?<br />

By proactively approaching issues relating to your premises or<br />

property, Weightmans can help you to protect your business<br />

against any un<strong>for</strong>eseen issues.<br />

Our team sits on the Primary Care Premises Forum and is<br />

an approved legal service provider <strong>for</strong> several LMCs. Our<br />

experience includes:<br />

Advising practices on protecting their property ownership<br />

through declarations of trust that preserve the rights of each<br />

of the parties<br />

Representing incoming partners acquiring a share of property,<br />

ensuring they understand any hidden costs or issues that may<br />

prejudice their investment<br />

Investigating and explaining in full any mortgage conditions<br />

attached to the property.<br />

Healthcare regulation<br />

If a regulatory difficulty arises, Weightmans is on hand to offer<br />

crucial support and ensure your business gets back on track.<br />

We can help with:<br />

NHS England National Per<strong>for</strong>mers List investigations and<br />

hearings when your per<strong>for</strong>mance, conduct or health -<br />

or that of your staff – is questioned<br />

Preparing <strong>for</strong> and completing disciplinary processes <strong>for</strong> either<br />

yourself or your staff<br />

Resolving partnership disputes<br />

Dealing with inquiries, investigations and actions by<br />

national regulators, including the GMC, GDC, NMC,<br />

and HCPC<br />

Ensuring your complaints processes are fit or purpose<br />

Care Quality Commission processes and actions<br />

against registration<br />

Criminal or coroners’ investigations, including<br />

representation at police stations and in court<br />

Training around regulatory issues to prevent future<br />

difficulties arising.<br />

Employment issues<br />

People are at the heart of your organisation, which is why<br />

we focus on helping you get the best from your colleagues.<br />

Are you on top of the latest employment law issues? Do you<br />

fully understand how best to avoid claims and manage an<br />

effective work<strong>for</strong>ce to drive <strong>for</strong>ward your business?<br />

We can assist with:<br />

Ensuring your staff are engaged on fit-<strong>for</strong>-purpose terms<br />

and conditions<br />

Designing policies and procedures that underpin best<br />

practice in the workplace<br />

Immigration law compliance, including status checking<br />

and obtaining the necessary paperwork when recruiting<br />

from overseas<br />

Understanding the complexities around pensions law<br />

Managing change, including redundancies, mergers, and<br />

staff transfers.


Plan, Protect, Prosper<br />

<strong>Services</strong> <strong>for</strong> you<br />

We know that running a busy practice is challenging. Few<br />

<strong>GPs</strong> have the time to properly manage personal legal matters.<br />

This can impact on the efficient running of your practice and,<br />

ultimately, on patient care.<br />

Weightmans’ full service legal provision is designed to provide<br />

you with the com<strong>for</strong>t that comes from having your affairs in<br />

order across both your professional and private life.<br />

Residential conveyancing<br />

Buying a home is often the largest financial commitment we<br />

make. We can guide you through the process from start to finish,<br />

whether you are buying, selling, or transferring ownership.<br />

As your children grow up, how will they take their first steps<br />

on the property ladder? If you decide to gift or lend some of<br />

their property’s purchase price, it’s important to protect your<br />

investment – particularly if your son or daughter is buying the<br />

property with a partner.<br />

We can protect your contribution by setting up a loan<br />

agreement and charge, or a declaration of trust.<br />

We can help with:<br />

House sale and purchase<br />

Remortgages<br />

Transfers of equity<br />

Trust deeds and declarations of trust<br />

Equity release<br />

Auctions sales<br />

Loan agreements and charges<br />

Wills and estate planning<br />

Dying intestate can leave a difficult, expensive and time<br />

-consuming mess <strong>for</strong> both your family and your business<br />

partners. But with appropriate planning, you can ensure your<br />

estate is left to those you want to benefit, that arrangements<br />

with your business partners are as smooth as possible, and that<br />

your family’s tax liability is no higher than necessary.<br />

If you do not make reasonable provision <strong>for</strong> your dependants<br />

in your will or elsewhere, your estate may face lengthy and<br />

costly legal proceedings. Planning your will and letter of<br />

wishes is a cost effective way in which to protect the monies<br />

that you leave from litigation costs.


Lasting power of attorney<br />

If you lost your mental or physical capacity, what would happen<br />

to your property and financial affairs? If you are in a partnership,<br />

how would you mitigate the impact on the business?<br />

Should the worst happen, a lasting power of attorney (LPA) gives<br />

someone else permission to manage your finances and property.<br />

We have many years of experience advising on:<br />

Wills<br />

Trusts<br />

Tax planning<br />

Probate and administration of estates<br />

Powers of attorney<br />

Deputyships<br />

Wills trust and estate disputes<br />

Family law advice<br />

Pre- and post-nuptial agreements<br />

Nobody enters a relationship or marriage expecting it to fail,<br />

but the sad truth is that many do eventually break down. Preand<br />

post-nuptial agreements can help to pre-determine what<br />

should happen if your relationship fails. Pre- and post-nuptial<br />

agreements can also cover how your interest in your business<br />

should be treated, limiting the adverse impact on the practice<br />

and your partners.<br />

They are particularly useful if you have children from a first<br />

marriage <strong>for</strong> whom you wish to preserve wealth, or if you are<br />

bringing significant inherited wealth to the marriage.<br />

Divorce<br />

Should your marriage irretrievably break down, our team has<br />

extensive experience in limiting and mitigating the worst<br />

effects of divorce on you, your family, and your business. From<br />

steering you through the proceedings through to advising<br />

on cost-effective and efficient disclosure, valuation and<br />

negotiations, our lawyers are able to protect your interests at<br />

all turns.<br />

We understand that running a GP practice means there<br />

is little time to look after your own needs. Our trusted<br />

team can advise on how best to approach the situation<br />

and is experienced in court applications as well as out of<br />

court resolutions using mediation and collaborative law.<br />

Our focus is to prevent expensive and time-consuming<br />

litigation, giving you control over your affairs – with the<br />

minimum of distraction.<br />

Our team of recognised leading experts can advise on:<br />

Divorce or dissolution of civil partnerships<br />

Financial remedy on divorce and dissolution<br />

Separation agreements<br />

Pre and post nuptial agreements<br />

Cohabitation disputes and Trusts of Land and Trustee<br />

Act claims<br />

Cohabitation agreements<br />

Inheritance Act Claims<br />

Financial claims on behalf of children and Schedule I<br />

Children Act claims<br />

Disputes in relation to children<br />

Out of court dispute resolution


Plan, Protect, Prosper<br />

Helping you prosper<br />

Running a successful GP practice needs time, energy, and<br />

clarity of mind. With Weightmans by your side, you’ll have<br />

all three – knowing that both your professional and personal<br />

legal affairs are managed by one of the UK’s leading law firms.<br />

From helping your business grow, recruit staff, and comply<br />

with the latest regulation, through to protecting your<br />

premises and ensuring the best structure is in place <strong>for</strong> your<br />

practice, our team tailors each of its recommendations to<br />

your specific circumstances.<br />

Away from your work, we offer the security that comes with<br />

having protected your family. Whether you are looking to<br />

manage your estate, need residential conveyancing support,<br />

or emerge well placed from a difficult divorce, we’ll be there to<br />

provide the advice and guidance you need.<br />

It’s not just your patients who need care:<br />

so too do you, your family, and your business. Contact<br />

us now <strong>for</strong> further in<strong>for</strong>mation on how we can help<br />

ensure that your business and your family are protected,<br />

enabling you to prosper over the coming years.


They were excellent and highly polished,<br />

with great determination to achieve the<br />

optimal result <strong>for</strong> their client.<br />

- Chambers 2017<br />

Extremely professional<br />

and efficient.<br />

- Chambers 2017<br />

Emma Collins,<br />

Partner


Plan, Protect, Prosper<br />

About Weightmans<br />

Weightmans is a Top 45 law firm<br />

with offices nationwide.<br />

Leading UK Top 45 law firm with a turnover of more than £95m<br />

Offices in Birmingham, Glasgow, Leeds, Leicester, Liverpool,<br />

London and Manchester<br />

187 partners and over 1,300 employees nationwide<br />

112 specialism rankings and 226 individual rankings in<br />

Chambers and Legal 500 UK directories


For more in<strong>for</strong>mation visit our website or contact:<br />

<strong>Services</strong> <strong>for</strong> your business<br />

Edwina Farrell, Partner<br />

020 7822 1926<br />

edwina.farrell@weightmans.com<br />

Nathan East, Partner<br />

020 7822 1932<br />

nathan.east@weightmans.com<br />

<strong>Services</strong> <strong>for</strong> you<br />

Emma Collins, Partner<br />

0161 214 0530<br />

emma.collins@weightmans.com<br />

Carole Atkinson, Partner<br />

0151 243 9501<br />

carole.atkinson@weightmans.com


Contact us on 0345 073 9900 www.weightmans.com<br />

@weightmans<br />

Weightmans

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