Occasional disputes are an unfortunate feature of being in business. We try to work to ensure that disputes are resolved without recourse to litigation and we find that this is often possible once both sides understand each others position and the full risks and costs of going to court or tribunal.
That said, if no acceptable alternative resolution can be found, we fight our clients corner vigorously and often find that our deep understanding of the NHS regulations and our extensive network of other experts such as medical accountants and surveyors puts us in a position to outmanoeuvre the opposing side who lack this broader understanding. This undoubtedly contributes to our enviable track record of success in employment tribunals, arbitrations, the NHS Litigation Authority (NHSLA) and court hearings.
Recent work includes:
We have experienced a significant increase in the number of partnership disputes over the last few years. These disputes are highly complex, and often become very personal. We seek to ensure that disputes are settled in a way which protects patient care and minimises cost, but if a valid up-to-date partnership deed is not in place the entire practice can sometimes be put at risk.
We regularly contest NHS Contract termination, variation and other disputes through the NHSLA. Some of these cases have led to the regulations being clarified, and these cases are now quoted as legal precedents.
We contest disputes with NHS England about pharmacy licences refusals or variations in the NHSLA
When it has not been possible to resolve a disagreement with an employee, we will vigorously defend a claim in the Employment Tribunal. We also bring and defend discrimination claims between partners in the employment tribunal.
We have experience in contesting surgery valuations both between partners and with NHS England for the purposes of calculating rent reimbursement
Please contact Daphne Robertson
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