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- 020 7484 7575
Call our advice line for up to 10 minutes of free legal advice for GPs
For many years we have been running, in conjunction with GP magazine, a GP advice line, whereby we offer up to 10 minutes free legal advice in connection with matters relating to issues which GPs encounter in their practice life.
Enquiries are usually dealt with by telephone contact (dial 020 7839 0278 and ask for the GP advice line).
The advice line service is very useful for the provision of general queries, although it is not possible to answer enquiries of a detailed nature for reasons of potential conflict of interest. It does however serve as a useful guide at an early stage to indicate whether more detailed legal advice should be sought.
More general information relating to other services we offer can be found on our GP page.
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- Harrogate, Manchester
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- London, Southampton
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NewsView all
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A guide to bidding for NHS contracts
It may feel counter-intuitive, but independent practitioners wanting to grow their private practices should look at opportunities to secure contracts with the NHS. These are often time-limited and project-focused to help resolve issues. Robert McCartney gives a legal view on preparing for procurement opportunities.
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Are collaboration agreements contractual?
Primary care expert, Justin Cumberlege, considers whether entering into collaboration agreements may result in a legal liability for your practice.
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Are you allowed to incorporate your GP practice?
Primary care partner Justin Cumberlege looks at what you need to do if you want to turn your GP partnership into a company.
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Are you licensed for your COVID Vacs sites?
Finding appropriate venues to give the COVID-19 vaccinations has resulted in some creative thinking as to places where this can be done.
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Are you using the right business structure?
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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Avoid falling out with your partners
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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Best Practice | 9-10 October 2019
Hempsons attended the Best Practice show on the 9th and 10th October 2019.
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Checked your Covid-19 Collaboration Agreement?
With the roll out of the Covid-19 vaccination programme by general practice starting next week, practices need to agree the terms on which they will collaborate to deliver the programme in accordance with the vaccination enhanced service specification
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Clinical Director – How well do you understand your role?
If you are a Clinical Director, have you considered getting some training? Hempsons has developed a Clinical Directors Masterclass.
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Considerations when taking on a new GP partner
Justin Cumberlege, a partner in the healthcare law firm Hempsons, highlights some considerations when taking on a new GP partner.
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Contract changes for 2021/22 announced
NHS England issued a letter on 21 January 2021 summarising changes to the GMS contract for 2021/2022. Ongoing uncertainty arising from the pandemic means that there will need to be further changes to the contract in the course of the year.
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Covid-19 employment law implications for your practice
We can help you with legal issues impacting your practice as a result of Covid-19 or the practice generally. Click here for details.
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Data protection – getting it right
Dentists across the UK will be all too familiar with the Data Protection Act 1998 (DPA) but possibly not yet accustomed to the EU’s General Data Protection Regulation (GDPR) which will apply from 25 May 2018. Notwithstanding Brexit, the UK government has indicated that it will implement the new regime.
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Declaration of Trust: A useful tool for the modern practice
Lisa Davison, Real Estate Partner, explains why a Declaration of Trust is vital to protect your GP surgery.
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Developing and improving your surgery premises
Bryn Morgan, a partner in the healthcare law firm Hempsons, specialises in advising GPs on property matters. In this article he provides some guidance on improving your premises.
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Discrimination claims when recruiting
Jon Pearce from specialist healthcare law firm Hempsons warns of inadvertent discrimination when recruiting which could result in a claim
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Documenting your practice arrangements
Are you currently operating as a Partnership at Will, with no agreed documentation to govern the operation of your partnership or the ownership of your practice premises?
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Don’t forget your partnership agreements!
With all of the work you are doing at the moment in relation to primary care networks and other forms of collaboration, it is easy to forget, or put to one side, your own internal practice arrangements.
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Don’t get crushed by staff litigation
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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Double jeopardy faced by doctors
2023 – a year of change at the GMC? The council is set to lose its power to appeal fitness-to-practise proceedings.
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Drifting into a contract is perilous
Some key points you should consider when entering a contract are outlined here by Justin Cumberlege, a partner at specialist healthcare legal firm Hempsons.
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GMS Contract Negotiations 2018/19 – what you need to know
GMS Contract Negotiations 2018/19 - what you need to know The outcome of the latest round of the GMS Contract negotiations for 2018/19 between NHS Employers and the General Practitioners Committee was published by NHS England recently (Gateway Reference 07813).
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GP partnership changes and your premises
James Molloy, real estate specialist at Hempsons, explains the key premises elements to consider when there is a change to a GP partnership.
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Health and Care Act 2022: What it means for GP practices
The Health and Care Bill received Royal Assent on 28 April and is now the Health and Care Act 2022. In this article, Justin Cumberlege explores what it might mean for the future of GP practices.
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Hempsons shortlisted for Firm (Specialism) of the Year Award at in The Legal 500 Awards 2020
We are delighted to announce that Hempsons has been shortlisted for its Partnership work in the Legal 500 Awards 2020.
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How to incorporate your practice
Justin Cumberlege, partner at specialist law firm Hempsons, looks at what you need to do to obtain consent if you want your practice to become a company
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Implications of the Health and Care Bill for general practice
The new Health and Care Bill sets out how the government plans to reform health services in England. Alison Oliver looks as what it will mean in primary care
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Incorporation of GP practices – what the NHS may require
GP practices wanting to incorporate will be considered in line with new guidance issued by the NHS. GP enquiries about incorporating their practices or forming PCN companies have risen in part driven by the added liability created by PCNs and other "at scale" providers.
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Is your PCN company eligible for NHS Pensions?
You may no longer be eligible to offer access to the NHS pension for your team if you incorporated a company for your PCN which is a management organisation hosting ARRS and support teams for your members’ practices, and not a health care provider.
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Is your primary care network ready for the future?
After three years of being a primary care network (PCN), most have developed a way of making decisions, sharing the Additional Roles Reimbursement Scheme (ARRS) staff and the costs, as well as distributing any surpluses.
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Joining a partnership? Get trained!
The Government has announced that it will pay for new partners joining GP practices to be trained in being a partner. Why not sign up to Hempsons’ New Partner training course?
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Judgment in BMA / NHSPS Service Charges Dispute
The High Court has released its long-awaited judgment in five “test cases” where GP practices, with the support of the BMA, have challenged service charges demanded by NHS Property Services Ltd.
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Merger or take-over: are you prepared?
Justin Cumberlege, from specialist healthcare law firm Hempsons, provides some guidance if you are considering a merger or being taken over by another practice.
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Navigating TUPE: Transferring staff to a new PCN company
The Transfer of Undertakings (Protection of Employment) Regulations 2006, better known as TUPE, offers protections for employees when a business or service provider changes hands.
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Network Contract DES – Amendment
NHSE has now published an amendment to the network contract DES for 2020/21. PCNs will be able to opt out of the Network Contract DES by giving notice to its CCG by 17th October if they do not wish to accept these revised terms.
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New GP Premises Costs Directions – they are here!
NHS England have published the long-awaited refreshed Premises Costs Directions governing the NHS funding of primary care estate in England.
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New Hempsons Southampton office
Announcing the opening of our fifth UK office.
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New partner Justin Cumberlege further strengthens Hempsons’ primary care team
Hempsons’ successful primary care team has been further strengthened by the arrival of another nationally-renowned sector leader, as GP specialist Justin Cumberlege joins our London office as a partner.
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New rules for GP Premises Improvement Grants – what you need to know
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
What do the Government’s new Employment Rights Regulations mean for employers calculating annual leave allowances? Rachel Levine explains.
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Opportunity knocks for GP provider organisations
The new Health and Care Bill published in the summer sets out how the government plans to reform health services and achieve better integration between health and care in England. Ross Clark and Alison Oliver explore some of its key elements and its implications for general practice.
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Parents’ rights are bolstered
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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PCN companies and the provision of ARRS
Justin Cumberlege, a Partner in the healthcare law firm Hempsons, considers points at issue in the provision of additional roles reimbursement scheme staff by primary care networks.
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PCN Pension Access Update
In April 2023 the NHS Business Services Authority (“NHSBSA”) amended the application process Primary Care Networks (“PCNs”) needed to use to secure pensions for their team members.
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Podcast – The need to know on the Network Contract Direct Enhanced Service (DES)
From the contract specifics, to the key considerations and the legal and practical implications in between, this podcast offers a bitesize overview of what primary care should be mindful of before 31 May 2020.
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Podcast: CNSGP – what is the NHS Resolution indemnity scheme for GPs?
In our latest podcast, healthcare litigation expert Patricia Roe and primary care expert Justin Cumberlege have summarise the key points of their webinar on the CNSGP, the NHS Resolution indemnity scheme for GPs.
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Podcast: Social media uses and abuses in primary care
Social media is a complex issue in employment law. What are the rules for doctors and other professionals? Find out in our latest podcast, hosted by Robert McCartney and Rachel Levine.
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Podcast: What does the Provider Selection Regime mean for primary healthcare providers?
Primary healthcare law experts Justin Cumberlege and Robert McCartney host our first podcast of the year, discussing what the new Provider Selection Regime means for primary healthcare providers.
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Points to watch about PCN staff employment
A tricky issue for primary care networks (PCNs) has been how to go about employing their staff. Some PCNs appoint a lead practice to employ staff on behalf of all practices. Others share employment responsibilities across all practices.
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Prepare your case for a tribunal
In her article last month, Julia Gray described the process of responding to an employment tribunal claim. Here she considers the steps to prepare the case for hearing or otherwise resolve the claim. Directions – also known as ‘case management orders’ – will be set out in writing by the tribunal telling the parties how to prepare the case for the final hearing.
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Preparing your PCN for the future
Robert McCartney, a specialist primary healthcare corporate lawyer at Hempsons, suggests how PCNs should prepare now for the changes in the contracts in 2024.
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Primary Medical Services Policy and Guidance Manual: Why is it important to me?
The latest updates to the Policy and Guidance Manual for primary care commissioners and providers include new rules for the Provider Selection Regime, guidance on partnership disputes, and directions for GP premises costs.
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Property ownership on a partner’s retirement
Hannah Lawton, a solicitor from specialist healthcare law firm Hempsons, provides a reminder that you must ensure that a retiring partner has been removed from the property ownership and released from any mortgages.
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Revised Network Contract DES – key date 31 August – Workforce
The network contract DES for 2020/21 contains various key dates of which practices, PCNs and commissioners need to be aware. Key dates for 2020 are summarised in PDF and upcoming dates are listed below.
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Should I become a partner as a practice manager?
Justin Cumberlege from specialist healthcare law firm Hempsons flags up some of the issues to be considered before joining the partnership
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The legal duties of maintaining a firm
Many businesses are choosing to limit their liability by operating as corporate vehicles instead of as sole traders or partnerships.
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The NHS Resolution Clinical Negligence Indemnity Scheme for GPs
On 1 April 2019 NHS Resolution began operating a new state indemnity scheme for general practice. This article seeks to outline the Scheme including an overview of the claims process, what is covered and when to contact NHS Resolution to report in potential clinical negligence claims. It also explains the support that will be provided to you if you are named as Defendant in a claim.
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The paperwork you have to cough up
Documents and their disclosure are a key component of every case Vicky Rowlands and Emma Summerfield work on as clinical negligence solicitors.
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The perils of social media
Rachel Levine explains who the law protects in social media and how you can shield yourself as an employer and/or employee against its dangers.
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The Primary Care Premises Forum: Rent Review and Lease Renewal Guidance for GP Tenants
The Primary Care Premises Forum (PCPF) has published a guide to help GPs through the complex process of rent reviews and lease renewal.
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Top tips to maximise income from your surgery premises
Could your building earn you more in these challenging financial times? Bryn Morgan provides some tips to consider.
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Trust registration service and the impact on GP partnership property
Since 2017 trustees have had obligations to register and provide information about trusts and their beneficiaries to HMRC’s Trust Registration Service (the TRS).
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Updated ACAS guidance on managing sickness absence
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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Watch how you hire advisers
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 duties as a company director?
Justin Cumberlege, a Partner in the healthcare law firm Hempsons, provides advice to practice managers on becoming directors of companies.
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What do the NHS Premises Costs Directions 2024 mean for practices?
The new NHS Premises Costs Directions are here and usher in long-awaited changes to the system of funding for GP surgery premises in England. Commercial property partner Bryn Morgan discusses what the changes mean for GP practices.
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What the new provider selection regime means for GP practices, PCNs and GP provider organisations
New procurement regulations have been laid before Parliament which, when in force, will make considerable changes to the commissioning of health care services including, in particular, primary care.
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What type of company should our PCN be?
Justin Cumberlege, partner in healthcare specialist law firm Hempsons, explains the options available to PCNs considering becoming a company.
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What you need to know about PCN sub-contracting
Practices wishing to sub-contract their services to PCN companies or other groups of providers since October 2022 have had to use an NHS standard template. But many PCNs have yet to adopt this contract or adjust it to their local needs.
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When partnerships go bad
Mounting pressures in general practice are leading to more disputes among partners. Ross Clark and Robert McCartney give some legal opinion on your options if it happens to you.
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When you’re asked to go to an inquest
In the first of a new three-part inquest series, Thorrun Govind explains the inquest process and what happens if you are called to attend – with additional material from James Down.
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You need to know the PGM 2024
NHS England released its updated Primary Medical Care Policy and Guidance Manual (PGM) this week. The PGM is used by the Integrated Care Boards to manage all aspects of general practice and helps to interpret and implement the various legislative regulations and directions which govern the sector.
Resources
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Chambers UK 2023
“Justin was fantastic in supporting us and very knowledgeable.”
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Legal 500 2022
“The “pragmatic yet brilliant” Ross Clark and “first rate” Justin Cumberlege head the practice.”
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Legal 500 2022
“Healthcare sector specific – in depth knowledge with one stop range of expertise and specialisms.”
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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”.”
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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.”
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Chambers UK 2023
“Hempsons has a market-leading team experienced in all aspects of healthcare partnership law.”
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Chambers UK 2023
“I was very impressed with the service we received from Hempsons - they were always available and willing to help.”
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Chambers UK 2023
“The team provides high-quality and timely service and has excellent understanding of this sector.”
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Chambers UK 2023
“The lawyers explained all the issues clearly, understood our needs and were responsive to our queries.”
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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.”
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Chambers UK 2023
“I was very impressed with the knowledge, level of care and support I received from Ross.”
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Chambers UK 2023
“Ross has an amazing knowledge of primary care, both strategically and in terms of what it's like on the ground.”
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Chambers UK 2023
“Ross consistently provides a professional and timely service demonstrating real depth of sector knowledge.”
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Chambers UK 2023
“He is extremely supportive and very collaborative.”
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Legal 500 2022
“Ross Clark. Extremely engaging, knowledgeable and a pleasure to work with. Really respectful and thoroughly decent. He has a good team around him who work very well – from my side he’s developed a good culture and leads a happy and very hard-working team. He has a happy knack of being able to distil and simplify very complex issues within healthcare.’”
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Legal 500 2022
“Ross Clark has “deep personal knowledge and expertise” in medical partnerships and dispute work”