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The Department of Health - and particularly the NHS - were early adopters of PPP and PFI. This innovation continues, in terms of procurement models and their application to new markets. Procurement aside, the coming into force of the Care Standards Act 2000 imposed increasingly stringent regulatory and corporate compliance burdens on health sector operators, necessitating specialist legal advice.

Team members have been involved in the health sector since the earliest Wave 1 PFI hospitals and assisted in drafting the documentation that was later adapted into the NHS Standard Form. More recently, we have been involved in numerous health initiatives, including NHS LIFT, NPfIT, ProCure 21, PACs, the National Decontamination Project, ISTCs and interventions in ‘no star’ NHS Trusts.

Corporate advice given in the health sector covers mergers and acquisitions, investment and further fundraising, public company matters, partnerships, joint ventures and corporate governance issues for care home and private health care operators.

Our planning and construction teams have in-depth knowledge of healthcare legislation, which aids their understanding of health clients’ requirements. Our work in this area includes advising on planning conditions, stopping up orders and planning agreements.

Osborne Clarke’s regulatory team is independently rated for the diversity and quality of its work, for example, advising on medical law, regulatory and health and safety (clinical and non-clinical), patient complaints, clinical negligence claims and inquests.

Examples of our recent experience include:
  • advising an NHS Trust regarding declaratory proceedings for the medical treatment and welfare decisions for a 17 year old patient refusing treatment.
  • advising an NHS Trust following a Medical Device Alert issued by the Medicines and Healthcare Products Regulatory Agency in respect of faulty intraocular lenses.
  • advising an NHS Trust on disclosure under the Freedom of Information Act 2000.

Richard Bretton
t +44 (0) 117 917 4046
richard.bretton@osborneclarke.com

clients:
  • Department of Health
  • Gloucestershire Royal NHS Trust
  • Hedra Plc
  • IDX Systems Corporation
  • Mercury Health Limited
  • North Hampshire Hospitals NHS Trust


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