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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