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Who Represents Who

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Brodies LLPprovides very good service’ to clients on a wide range of healthcare matters, with particular experience in the life sciences, medical device and pharmacy sectors. Areas of expertise include advising on regulatory matters such as the regulation of health and social care professionals alongside IP and licensing issues while the team is equally adept at guiding clients through investigations by the Medicines and Healthcare Products Regulatory Agency. The practice recently advised the Scottish Social Services Council on a number of issues arising from disciplinary matters including deficiencies in professional practice such as the mal-administration of medicines, poor standards of care and inappropriate behaviour within the workplace. Gill Grassie jointly heads the team with Paul Marshall.

CMS provides ‘timely advice’ to blue-chip and public sector clients, including financing and developing major health and social care projects, and health procurement matters. Team head Amanda Methven assisted hub East Central Scotland with the development of a specialist pharmaceutical production facility at the Ninewells Hospital in Dundee, and advised the same client on a project to redevelop the NHS Forth Valley Stirling Community Hospital site to provide a new primary care centre. Michael McAuley advised NHS Greater Glasgow and Clyde on the procurement of two primary care facilities under the hub West Scotland initiative, while Methven advised Canmore Consortium as one of the final two bidders to deliver a new acute and community hospital on Orkney for NHS Orkney. In another highlight, the ‘very experiencedAilsa Ritchie advised NHS Grampian on a NPD project to deliver the new Baird Family Hospital and Anchor Centre projects on the Foresterhill hospital site in Aberdeen, which will deliver a new woman’s hospital, maternity facilities and a cancer centre with a value of £110m.

Anderson Strathern acts for a wide range of public and private sector clients in predominantly corporate and contentious matters, including clinical negligence cases. It also advises on professional regulation, public procurement and employment issues. The team advised the Royal College of Nursing (RCN) on a wide range of issues, including employment, personal injury at work and professional negligence matters, and continues to act for members of the RCN in professional regulatory proceedings before the Nursing and Midwifery Council (NMC). Senior associate Gary Burton acted for the Scottish Social Services Council as legal presenter in proceedings against a social worker who failed to act on a report of abuse in the case of Liam Fee, a two year old, who was later murdered by his mother and her partner. The recommended Catriona Watt and chairman Robert Carr jointly head the team.

Burness Paull LLP specialises in assisting private and public sector clients with healthcare, commercial and project development work alongside contentious matters, including disputes over defective hospital designs, product liability issues and fatal injury inquiries. Team head Chris Mackay advised NHS Lothian on issues arising from the design, build, finance and maintenance (DBFM) contract for a new community hospital in Haddington, East Lothian. This role included advice on demolition and asbestos removal matters and a review of the construction and FM documents. Acting for the same client, he drafted and negotiated the DBFM contract and reviewed the construction and FM documents for the provision of three partnership centres known as the Lothian Health Centre Bundle. In the contentious sphere, Ray Gribben represented Boots UK at a fatal accident inquiry held at Inverness Sheriff Court, which concerned the death of a patient who was provided with medication by the pharmacy intended for another patient with a similar surname. Scott Wilson retired.

Davidson Chalmers LLP has a strong medical partnership client base, which the team regularly advises on a wide range of matters including funding, surgery leases, NHS contracting and employment and regulatory issues. The team also acts for dental sector clients on corporate, commercial, regulatory and employment matters. Andy Drane advised the Inverurie Medical Practice on the terms of its occupancy agreement with the Scottish government and the terms of the Scottish Futures Trust Hub contracts. In the dental arena, team head Craig Stirling acted for Shaw & Associates Dental Practice on the sale of two dental practices in Fraserburgh to two separate purchasers. Other clients include Ashgrove Group Practice, Orchard Medical Practice and Lammermuir Medical Practice.

Harper Macleod LLP’s ‘commercially minded’ team ‘has good common sense’ and ‘provides great service’ to care home and primary care providers. Recent highlights include assisting Carechoice with the sale of four care homes, which included advising on finalising the business purchase agreement and on regulatory aspects. It also advised dental group Brite Dental and its sister company Berkeley Clinic on the acquisition of a number of properties and on various lease arrangements as well as on the structure and roll-out of joint venture arrangements with five dentists and the purchase of a technical dental laboratory. Other work for the client included trade mark registration and employment advice. Paula Skinner assisted independently owned Cadham Pharmacy with an equity investment and a number of property matters. Jamie Watt is the main contact.

The team at MacRoberts LLPdisplays a very high level of attention to deal’ and is best known for its public procurement, commercial and M&A work, including contentious matters. Duncan Osler advised NHS Orkney on its procurement for the design, build, finance and maintenance of a new hospital in Orkney and healthcare facility in Kirkwall, and advised NHS Tayside on its procurement – through hub East Central Scotland – of new facilities at the Ninewells Hospital in Dundee. As well as health boards, the team is also well versed in acting for private sector clients such as Boston Scientific Corporation, which instructed the team to advise on procurement documentation issues. David Wylie heads the team, while Andrew Orr moved to Maclay Murray & Spens LLP.

Pinsent Masons LLPprovides prompt and commercial advice’ to public and private sector clients, as well as investors, with particular emphasis on public infrastructure projects in the healthcare sector, including project finance and transactional work. The team advised a number of public sector players on a range of DBFM projects in the North and East Central territories of the Scotland-wide hub programme. This included NHS Grampian’s bundled Foresterhill and Inverurie project in the North territory and the Stirling Care Village, which was procured by NHS Forth Valley. ‘Sharp’ team head Stuart Barrgets the big picture without losing sight of the details’ and is ‘good to work with’. He assisted Robertson Capital Projects with its successful bid, including associated funding matters, for the delivery of NHS Orkney’s new £65m hospital and healthcare facility in Kirkwall.

Shepherd and Wedderburn is particularly active in advising care home operators and healthcare investment funds on corporate transactions, project development and banking and finance matters. Team head and director John Elder assisted Four Seasons Health Care – the UK’s largest care home provider – with a number of transactions, including its sale of Whitecraigs Care Home in Glasgow and the sale of Guthrie Court in Edinburgh.

The ‘highly regarded’ team at Thorntons Law LLP has ‘very good subject knowledge’ and ‘guides clients through the legal framework in a friendly and professional manner’. Recognised for its broad offering, the team advises clients from the dental, medical, pharmacy, care home and veterinary sectors. Practice head and ‘good communicator’ Michael Royden advised two individuals on the sale of the entire issued share capital of Border Vets, which operated multiple veterinary practices in the Scottish borders, to a national veterinary corporate. Together with Ewan Miller, he advised another individual on the disposal of a large NHS dental practice in Greenock to one of Scotland’s leading dental corporates. This involved assisting with the business sale agreement and a disclosure exercise in order to limit the client’s liability for any warranty claims. Other work included advising Walter Davidson & Sons with the acquisition of a pharmacy business in Comrie, and advising Clyde Munro Dental on NHS dental regulations. ‘Very knowledgeable, reassuring and professional’ senior associate Kim McNaughton is also recommended.

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Legal Developments in Scotland for Health

  • TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) AND AGE DISCRIMINATION

    I have been asked to cover the topic of Employment law within my half an hour speaking slot today. I have narrowed my subject down to Transfer of Undertakings and Discrimination, with the focus on providing an update on the recent spate of cases on service provision change and on the important developments in the law of age discrimination. Needless to say, in my presentation I shall not be able to cover the level of detail which is contained in my written paper, which I will leave you to read.
    - 11KBW

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