Private sector health

Michael Rourke

partner & LEAD CONTACT

London, Southampton
corporate, commercial
m.rourke@hempsons.co.uk
020 7484 7648

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We work with private sector healthcare providers nationwide, offering the full range of legal advice. Whether working with a large corporate with a chain of private hospitals or a startup company offering a new technology solution, Hempsons’ commercial, employment, real estate and medical law experts can help:

Regulatory and compliance issues
Licensing and exploiting intellectual property
Contracts
Investments, corporate restructuring and mergers and acquisitions
Procurement challenges
Real estate
Employment
Dispute resolution
Information law and governance
Healthcare law advice
Many issues relating to working with the NHS

Advising DKMS on the establishment of their UK operations

Advising DKMS – the German Bone Marrow Donor Center – on the establishment of their UK operations, including their application for Human Tissue Authority licences and advice on Care Quality Commission registration requirements.
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Development of healthcare apps

Advising on development of healthcare apps for patients, including advising NHS Northern England Strategic Clinical Networks on its Deciding Right app for making care decisions and NHS South East Commissioning Support Unit on its Health Help Now app to enable users to find the right service for their health needs.
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Setting up new healthcare businesses

Advising entrepreneurs on setting up new healthcare businesses including businesses delivering primary and community health services, medical services for foreign visitors to the UK and supplying locum doctors and nurses, including via online marketplace/gig economy models.
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Chris Alderson

partner
- Manchester
- information law, healthcare litigation
- c.alderson@hempsons.co.uk
- 0161 234 2448
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Martin Cheyne

partner
- Harrogate
- employment
- m.cheyne@hempsons.co.uk
- 01423 724121 (Mobile 07590 351 659)
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Helen Claridge

partner
- Manchester
- healthcare advisory
- h.claridge@hempsons.co.uk
- 0161 234 2427
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Ross Clark

partner
- Harrogate, Manchester
- corporate
- r.clark@hempsons.co.uk
- 01423 724012 (m: 07775 925078)
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Andrew Davidson

partner, national head of employment
- Harrogate
- employment
- a.davidson@hempsons.co.uk
- 01423 724129 (mobile 07740 828724)
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Lisa Davison

partner
- Manchester
- real estate, dental
- L.Davison@hempsons.co.uk
- 0161 234 2469
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Surjit Dubb

partner
- London
- regulatory, crime and professional discipline
- s.dubb@hempsons.co.uk
- 020 7484 7608
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Tania Francis

partner
- London
- fitness to practise; criminal defence
- t.francis@hempsons.co.uk
- 020 7484 7547
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Ian Hempseed

partner
- London
- commercial; charities & social enterprise; practitioners
- i.hempseed@hempsons.co.uk
- 020 7484 7530
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Julie Hesketh

associate
- Manchester
- healthcare litigation, regulatory
- j.hesketh@hempsons.co.uk
- 0161 234 2463
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Harpreet Kaur Bhandari

senior solicitor
- London
- clinical negligence
- h.bhandari@hempsons.co.uk
- 020 7484 7620
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Graham Lea

managing partner
- London
- real estate
- g.lea@hempsons.co.uk
- 020 7484 7531
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James Molloy

associate
- Manchester
- real estate, dental
- j.molloy@hempsons.co.uk
- 0161 234 2411
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Bryn Morgan

partner
- London, Southampton
- real estate, practitioners
- b.morgan@hempsons.co.uk
- 020 7484 7518
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Carol Mosedale

associate
- Harrogate
- corporate, commercial
- c.mosedale@hempsons.co.uk
- 01423 724007
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Rob Newbould

partner and police misconduct and discipline lead
- London
- regulatory, crime and professional discipline
- R.Newbould@hempsons.co.uk
- 020 7484 7504 / 07545 062482
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Nick Salt

consultant
- London
- business development
- n.salt@hempsons.co.uk
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Adam Smith

Partner
- London
- Regulatory, Crime, Inquests, Police Defence
- a.smith@hempsons.co.uk
- 020 7484 7629
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Paul Spencer

partner
- Manchester
- employment
- p.spencer@hempsons.co.uk
- 0161 234 2474
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Sam Stone

associate
- Harrogate
- commercial
- s.stone@hempsons.co.uk
- 01423 724107
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Employment law case update webinar

Wednesday, November 27, 2024

An essential case law update, covering the most significant cases of 2024 so far, looking at recent judgments, highlighting implications and giving practical insights.

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10 legal issues arising from COVID-19 for private practitioners
25 June 2020
Every sector of the economy in the UK and abroad is facing unprecedented challenges arising out of the current Covid-19 pandemic; the private healthcare sector is no exception. We have considered some of the legal issues that you may be facing in the current climate and how you might be able to respond to them.

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A gentler attitude to gripes in pandemic
7 December 2020
How will the GMC deal with complaints about your practice during the pandemic? Solicitor and doctor Tania Francis examines the latest guidance.

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A guide to bidding for NHS contracts
14 June 2023
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.

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A non-binary approach is required
9 March 2021
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.

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Are employers too quick to suspend employees accused of wrongdoing? Court forces employer to lift eminent doctor’s suspension
6 September 2018
The answer this month was a resounding yes in the case of Professor Marjan Jahangiri the first female professor of cardiac surgery in the United Kingdom and Europe who works at St George’s Hospital, Tooting, London.

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Are probationary periods working for you?
21 July 2020
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.

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Are you sure you own your practice website?
24 March 2021
Intellectual Property is the term that is used to describe things that will be owned by someone but are not physical in nature.

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Are you using the right business structure?
14 February 2023
Doctors’ accountants have regularly reported in Independent Practitioner Today about the main types of business structures for your practice and the key differences between them.

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Associates beware!
19 October 2022
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.

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Avoid falling out with your partners
5 September 2023
Partnerships in private practice – be it through groups of consultants or GPs – have been growing over the last 15 years. And with them has come a rise in disputes.

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Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick
1 December 2020
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.

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Beware of becoming a cartel
10 September 2020
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.

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Capacity to consent to dental treatment: Re TE [2020] 5 WLUK 300
28 May 2020
The judgment of Mrs Justice Knowles last week illustrates potential difficulties dentists may face if a patient lacks capacity.

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Claimant found guilty of criminal act cannot claim damages against negligent NHS trust
4 November 2020
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.

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Client service uncovered: Hempsons ranked in Legalease’s survey
9 April 2020
Hempsons is listed amongst the top 10 London firms in the survey.

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Client spotlight: Safar Primary Care Limited
1 May 2020
Overcoming challenges as a start-up company from an initial idea to launch, how Safar have adapted to an ever-changing world and market place.

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Code for leasing business premises 2020 – a tool for your toolbox
7 January 2021
The Royal Institution of Chartered Surveyors recently published an updated Code for Leasing Business Premises, effective from 1 September 2020, which independent practitioners will need to be aware of when negotiating leases whether as a landlord or as a tenant.

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Covid-19 employment law implications for your practice
18 March 2020
We can help you with legal issues impacting your practice as a result of Covid-19 or the practice generally. Click here for details.

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Covid-19, the employer and the self-isolating member of staff
9 November 2020
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?

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COVID-19: the impact on the dental market – update 4
17 July 2020
Hempsons' summary and brief analysis of the latest guidance for NHS dental practices which was issued by NHS England on 13th July 2020.

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Data protection – your obligations as a practice owner
26 September 2017
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.

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Death is going through change
26 June 2024
The Medical Examiners (England) Regulations 2024 come into force this autumn on 9 September and are relevant in private medical practice. Lawyer Liz Hackett guides you through the changes.

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Digital Newsbrief: Summer 2020
16 July 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.

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Digital transformation – are you prepared?
13 November 2017
Digital transformation is crucial for the NHS as it seeks a sustainable future and to meet expectations of high quality care. A number of different programmes are now in place to support this...

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Do you want to bid for NHS contracts?
18 March 2024
Ross Clark provides a guide to the Provider Selection Regime for independent healthcare providers.

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Don’t get crushed by staff litigation
9 February 2022
Independent practitioners inevitably find litigation can be stressful, time-consuming and expensive. In the first of a series of three articles about the employment tribunal process, Julia Gray explains the key stages and how doctors who employ staff can avoid common pitfalls experienced by others.

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Dress codes, headscarves and discrimination
8 May 2017
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.

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Drifting into a contract is perilous
16 October 2023
Some key points you should consider when entering a contract are outlined here by Justin Cumberlege, a partner at specialist healthcare legal firm Hempsons.

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

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Fall-out of failure to look after data
13 September 2024
New Data Protection Fining Guidance has been published by The Information Commissioners Office. Philippa Doyle explains what this means for independent healthcare providers and offers some practical take-away tips.

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FAQs for Contracting Authorities and Bidders
13 February 2020
A comprehensive list of frequently asked questions for Contracting Authorities and Bidders.

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Farewell to ET fees, but what next?
12 November 2017
For the last four years, an employee wanting to take a case to an employment tribunal has had to pay a fee of up to £1,200. For many lower paid employees – or where relatively little money was at stake – this fee may have been a deterrent to starting action...

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FCA Registration for dental practices
4 March 2024
FCA registration is a legal requirement for dental practices offering payment plans to patients. Here's what to consider if buying a practice.

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Fitness to Practise: An overview of GMC processes and common issues for independent practitioners
21 October 2017
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.

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Five key steps when selling a private practice
30 September 2021
Whether you’re looking to retire or planning your next venture, it is essential you make the necessary preparations before you start the process of selling a private practice. Kirsty Odell sets out some of the key stages to any transaction which will keep you on the right track for a smooth transition.

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GDPR – The Final Countdown!
2 May 2018
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.

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GDPR – are you ready?
10 November 2017
Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.

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GDPR How it affects health and social care businesses
30 November 2017
Keeping confidential information about staff and patients secure is a responsibility businesses operating in the health and social care sectors have taken seriously for a long time. But the requirements are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.

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GDPR one month on – are you compliant yet?
25 June 2018
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?

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GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited
18 September 2019
The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay.

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Great results for Hempsons in the Chambers UK Guide 2021
22 October 2020
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.

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Health start-ups: Don’t get snared in your own web – it’s your website, but do you own and control it?
26 February 2017
Organisations rightly devote significant time and resources towards ensuring their web presence reflects their values and the message they wish to convey to the outside world. Even those that do not engage in e-commerce are expected to have a website – their shop-window in the electronic world – and will take steps to ensure that clients and prospective clients searching the internet will arrive at their own website rather than that of a competitor.

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Health start-ups: Generating revenue from intellectual property
26 September 2017
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.

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Health start-ups: Get brand protection- key intellectual property rights
26 March 2017
It is as true for a business offering healthcare services as it is for any High Street seller of goods that the business’ brand and the goodwill associated with it are valuable assets that are worthy of protection.

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Health start-ups: Look to the future – a round-up
26 August 2017
"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.

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Health start-ups: Mind your Ts & Cs – the biggest lie on the internet?
26 April 2017
Building on the previous articles in this series which look at key legal issues doctors need to consider when starting up a healthcare business, we now turn to the contractual terms and conditions. Now, a number of people have noted that legal terms and conditions on websites and in mobile apps play a key role in what has been called ‘the biggest lie on the internet’.

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Health start-ups: Online healthcare businesses – the data protection issues
26 June 2017
The way services are accessed has been transformed by the changes in technology over the past decade and these developments present exciting opportunities for transforming how healthcare can be delivered however, when seeking to develop new opportunities, it is essential to have a clear understanding on the law governing the use of data and ensure that these considerations are incorporated into any project from the outset.

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Health start-ups: Online prescribing is no panacea – the pitfalls and perils of prescribing medication online
26 May 2017
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).

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Healthcare newsbrief: Summer edition now available
22 June 2017
Welcome to this latest edition of Hempsons’ healthcare newsbrief. Healthcare policy is always a challenging area to write about and this year the election, with its uncertain result, has made it even more so.

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Healthcare newsbrief: Winter 2017 edition now available
6 November 2017
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...

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Hempsons and Eastwoods: our 2020 vision
27 January 2020
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.

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Hempsons announces partner and associate promotions
3 July 2017
Hempsons is delighted to announce this year’s round of partner and associate promotions.

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Hempsons celebrate another great year in The Legal 500
2 October 2020
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.

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Hempsons listed in The Times Best Law Firms 2020
15 November 2019
We are delighted to announce that Hempsons has been named as one of The Times’ best law firms for 2020.

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Hempsons welcomes new partner to head up its employment team in London
3 July 2020
Hempsons is delighted to announce that Jon Pearce has joined our employment team in London.

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Hempsons welcomes three trainees
6 September 2019
We are delighted to announce that three trainee solicitors have started their two-year training period at Hempsons.

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Hempsons’ Dental Newsbrief: Spring 2021
24 March 2021
Welcome to the latest edition of Hempsons' Dental Newsbrief, a round-up of some of the hot legal topics in the dental sector.

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Hempsons’ Newcastle office receives a major boost through the appointment of commercial property expert, David Naughten
9 September 2019
David Naughten brings a wealth of experience to our commercial property team in the north.

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Hempsons’ specialist Dental M&A team support Envisage Dental on another key acquisition
1 November 2023
Hempsons have acted for national dental group, Envisage Dental, in their acquisition of a large 8 surgery private practice in South London.

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Holiday pay update
13 November 2017
Over the last few years the courts have increasingly ruled more types of payments ought to be included in holiday pay calculations. However, the prevailing view has been that only compulsory overtime need be included...

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How has doctors’ guidance altered?
19 February 2024
Good Medical Practice 2024: what you need to know from a legal viewpoint. Jordan Laybourn and Dr Tania Francis report.

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If that fateful GMC missive appears
23 November 2021
What should you do if you get a letter from the GMC? Partner Tania Francis from Hempsons shares ten tips.

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Implications for employers of lifting Covid-19 restrictions
9 July 2021
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.

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Implications of GDC v. Williams judgment for dentists mixing private and NHS treatment
9 May 2023
Dentists and dental lawyers have been watching the case of GDC v. Williams with interest, due to the implications for the long-held view that it is not permitted to mix NHS and private treatment by charging patients a private top-up fee in addition to the NHS charge for NHS treatment. The

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Indemnity cover – what you need to know
2 January 2018
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.

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Inquest podcast: Prison inquests
9 December 2021
Season two, episode four: Prison inquests

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Inspections get transparent
4 January 2024
The Care Quality Commission’s new single assessment framework is getting underway and private healthcare providers are wondering what it means for them.

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Intellectual Property and Health Tech – potential pitfalls
19 February 2019
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.

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Issues to consider when selling your dental practice post pandemic
24 March 2021
The effects of the COVID-19 pandemic have placed unprecedented challenges on healthcare professionals across the world and dentistry is no exception to this.

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Keep it legal – informed consent
20 June 2019
Montgomery five years on: how has the landscape changed for medical practitioners?

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Liberty Protection Safeguards – start date significantly delayed
17 July 2020
The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.

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Making probationary periods work for you
25 August 2020
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.

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Medico Legal Magazine – Duties of an expert witness: the importance of knowing your limits
20 May 2020
Regulatory expert, Stephen Hooper, highlights the importance of remaining objective as an expert witness.

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New rules for GP Premises Improvement Grants – what you need to know
26 July 2024
Further to the release of NHS Premises Costs Directions 2024 in May, NHS England has issued a new policy relating to primary care improvement grants (NHS England Primary care capital grants policy).

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New rules for holiday pay
18 April 2024
What do the Government’s new Employment Rights Regulations mean for employers calculating annual leave allowances? Rachel Levine explains.

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New Year partner and associate promotions
11 January 2021
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.

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Newsflash: Are you ready for the GDPR?
23 March 2017
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.

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Newsflash: Changes to the PSC requirements were made on 26 June this year
8 September 2017
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.

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Newsflash: Digital Health Services and the CQC
6 June 2017
Building on the CQC guidance issued in March this year for digital health providers (see http://www.cqc.org.uk/file/1295582) the CQC has issued an update on issues uncovered in a number of recent inspections, particularly in relation to online prescribing.

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Newsflash: Employment Tribunal fees abolished
8 September 2017
The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.

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Newsflash: Mandatory COVID-19 Vaccinations in Health and Social Care Revoked
4 March 2022
Hempsons legal experts discuss the latest VCod guidance

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Newsflash: New competition law requirements for the private healthcare sector including NHS private patient units
6 June 2017
The Competition and Markets Authority (CMA) has made an order to implement the “consultant fees remedy” under the Private Healthcare Market Investigation Order 2014 (the Order).

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Newsflash: New tactics required in intellectual property litigation from the Autumn
8 September 2017
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.

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NHS Dental Practices Year-End Reconciliation
20 January 2021
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.

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One slip gets you in a lot of trouble
3 November 2021
We all know that we live in an increasingly regulated world, and particularly so in the healthcare sector. But have you ever thought about just how many sets of regulatory proceedings a doctor may face out of one incident?

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Parents’ rights are bolstered
18 June 2024
New employment law regulations came into force on 6 April 2024, improving the rights of employees and giving them more flexibility.

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Partner and associate promotions
4 July 2019
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.

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Podcast: Complaints handling and an introduction to negligence claims
20 September 2023
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.

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Podcast: Walking the tightrope – patient capacity, best interests, and disclosure
22 July 2024
Stephen Maratos and Stephen Evans discuss patient capacity and best interest decisions when it comes to treatment, and the importance of accurate disclosure in inquests and civil claims.

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Private practice practising privileges – What to do when problems arise
30 May 2020
Stephen Hooper and Simon Eastwood give some essential guidance on practising privileges for independent practitioners.

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Protection for whistleblowing
25 January 2020
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.

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Provider Selection Regime – are you preparing your annual summary?
19 June 2024
A relevant authority must publish online, on a publicly available website accessible free of charge, an annual summary of its contracting activity for the provision of relevant health care services.

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Record keeping – how to avoid criticism by a critical eye
13 April 2019
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.

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Record Keeping: A Silver Bullet?
25 September 2018
Stephen Hooper has contributed an article to Implant Dentistry Today.

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

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Revalidation – a trap for the unwary?
1 September 2017
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.

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Revalidation – a trap for the unwary?
20 December 2017
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.

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Safeguarding personal data
13 March 2023
Failing to adhere to the data protection rules can be extremely costly. Independent practitioners’ responsibilities in dealing with personal data are highlighted here by solicitor Henry Forrester.

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Schrödinger’s consent: ARB v IVF Hammersmith Limited & R
13 November 2017
The doctor-patient relationship relies on mutual trust: to assume that every patient may be dishonest would cast a shadow over a doctor’s interaction with his patient. Unfortunately, however, there are rare occasions when patients intentionally mislead healthcare professionals, sometimes with grave consequences...

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Seven good reasons to make a will
13 May 2019
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.

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Sexual Harassment in the Workplace consultation: the government’s response
28 July 2021
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.

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Should I incorporate, and if so, which corporate entity should I use?
12 January 2022
Simply put, if you are not trading in a corporate entity you are going to be personally liable for any uninsured losses. If you are a sole trader or a traditional unincorporated general partnership, your house and all your other personal assets are exposed to be taken if a large claim is successfully made against you in connection with your business and the business does not have sufficient resources to meet the liability. When you are trading as an incorporated body, your liability is limited to the value of the business.

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Small print for start-ups
1 April 2020
For businesses both big and small it is all too commonplace for contracts to be agreed without either reading or understanding them.

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So you want to buy a practice?
13 July 2021
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.

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Staff problems after lockdown
11 June 2021
Doctor employers face ongoing staff management challenges as lockdown restrictions ease. Lucy Miles and Isobel Davis highlight some areas needing consideration.

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Starting out is a balancing act
9 February 2021
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.

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Stay safe when applying the Covid-19 response PPNs
3 July 2020
The UK Cabinet Office has published a number of Procurement Policy Notes (“PPNs”) in response to the current Covid crisis. Click to read our summary.

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Stephen Hooper appears in Modern Dentist Magazine
2 March 2020
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.

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Stephen Hooper appears in The Leaders Council podcast
21 February 2020
Stephen Hooper invited onto an episode of The Leaders Council podcast, which also included an interview with Lord Blunkett.

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STPs and accountable care roundup w/c 22 January
22 January 2018
Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

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STPs and accountable care roundup w/c 27 November
1 December 2017
Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

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STPs and integrated care roundup w/c 16 April
17 April 2018
Hempsons is pleased to bring you the latest in its series of news updates on STPs and integrated care.

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Success for Adam Smith as client acquitted of bribery charges
7 March 2022
On Friday 4 March, Mr Staunton was acquitted of the two bribery charges brought against him, related to the placement of medicines within the NHS. Assisted by trainee solicitor Clara Gogarty, and instructing Fiona Horlick QC of Outer Temple Chambers, this was the culmination of a six-week trial at Southampton Crown Court.

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Successful Corporate Transaction
3 December 2020
Successful Corporate Transaction by Hempsons' commercial lawyers for our client RD Capital Partners (RDCP).

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The attitude towards Litigants in Person: An end to latitude?
26 July 2019
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.

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The Cumberlege Review – our safety cultures need a fix
30 October 2020
Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests

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The importance of warranties
15 September 2019
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.

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The Independent Patient Choice and Procurement Panel completes its first PSR review and publishes new criteria
17 May 2024
It has been a busy week for the Independent Patient Choice and Procurement Panel. It has published the outcome of its first case, as well as publishing its acceptance and prioritisation criteria. Andrew Daly and Helen Redfern discuss the case.

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The paperwork you have to cough up
4 January 2023
Documents and their disclosure are a key component of every case Vicky Rowlands and Emma Summerfield work on as clinical negligence solicitors.

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The perils of social media
18 July 2023
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.

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The post-Brexit route to getting your non-UK dental qualification recognised in the UK
15 February 2021
The regulatory process for recognition of dental qualifications obtained outside of the UK has always proven somewhat challenging.

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The real costs of negligence claims – who pays?
22 October 2019
Niloo Bozorgi looks at the costs of clinical negligence claims for independent practitioners and upcoming changes that will affect them.

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The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020
15 April 2020
The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 came into effect on Thursday, 9 April 2020. Myles Evans provides a summary.

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Thinking of a move to the high street?
16 July 2024
Location, location, location is not only an important mantra for finding one’s home, it is equally, if not more important, for any independent doctor looking to open a surgery or clinic.

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To lease or to licence?
24 October 2022
The difference between a lease and a licence to occupy should be understood at the outset. Stewart Gregory explains about the lease licence dilemma, your rights and the vulnerabilities.

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Updated ACAS guidance on managing sickness absence
14 November 2023
What’s new in employment law? Solicitor Henrietta Donnelly examines the updated guidance issued by the arbitration service ACAS on managing sickness absence.

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Vicarious Liability and independent contractors – recent Supreme Court decisions
8 April 2020
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.

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Watch how you hire advisers
6 April 2023
Solicitor Robert McCartney has a warning to everyone who works as or who uses freelance workers – including ‘independent’ doctors.

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What are your obligations with The General Data Protection Regulation (GDPR) – are you going to be ready?
21 November 2017
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.

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What can we learn from GMC cases?
10 May 2023
We can learn a lot from the big GMC cases but there’s much to be usefully gleaned from the ‘run of the mill’ hearings. Dr Tania Francis reports.

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What has the impact of Covid-19 been on the dental market and how will this affect practices going forward?
24 March 2021
Covid-19 has had a huge impact on businesses across the country and dental practices are no exception to this.

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Whistleblowing dismissals – Employment Appeal Tribunal decision
18 November 2021
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.

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You’re all in it together
19 May 2021
A Declaration of Trust is a useful tool for independent practitioners to protect valuable property investments and exposure to unforeseen liabilities.

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