Lockharts Solicitors
We specialise in advising dental partnerships, sole practitioners, companies and professional bodies located throughout England and Wales.
By focusing on work in the healthcare sector, we have developed an excellent understanding of the range of issues affecting healthcare professionals and gained considerable expertise in creating practical solutions.
Andrew Lockhart-Mirams, the Senior Partner at Lockharts, is also a member the National Association of Specialist Dental Accountants (NASDA) and is ranked number one in Chambers 2008 and 2009 for his work and is recommended by the Legal 500.
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NHS REGULATION
We have comprehensive knowledge of the legislative and regulatory framework for dentistry and healthcare generally. We provide expert advice and professional support in the areas of GDS and PDS contracts, drafting and interpretation of healthcare provider contract terms, Pension Scheme Regulations, contract variations, and negotiations with Primary Care Trusts (PCTs).
New GDS Contract Reviews
Where PCTs are carrying out mid-year reviews relating to performance of contracts, we are able to advise on the legal issues leading to such reviews and on any action the PCT takes following a review.
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PARTNERSHIP ISSUES
Lockharts is top-ranked for Partnership work in Chambers UK 2008 and 2009 Legal Directory. Leading the field in partnership work, our firm's expertise encompasses: creation of tailored agree-ments for partnerships and limited liability partnerships (LLPs); interpretation and advice on existing partnership terms; expense sharing agreements; variation of partnerships and terms; advice on changes in partnership law; property matters; dispute resolution; fitness-to-practise matters; and employment issues.
Expense Sharing
We advise on drawing up expense sharing arrangements and the suitability of this
arrangement in respect of alternatives such as setting up a full partnership. We are experienced in tailoring expense sharing agreements to the specific needs and requirements of our clients.
Dispute Resolution
We always encourage our clients to take appropriate measures to limit the likelihood of disputes arising. However, invariably some practices will at some point find themselves faced with a dispute involving partners and/or employees.
We can help with: negotiations and settlements when partners retire voluntarily or compulsorily; advice on internal partnership disputes, dissolutions and expulsion of partners; acting on behalf of partnerships and individual partners in ADR, mediation, arbitration and court proceedings; and advising on the enforceability of restrictive covenants, including acting to obtain injunction applica-tions.
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PRACTICE PURCHASES & MERGERS
The firm assists with practice mergers and acquisitions, including advising on the due diligence process as it relates to healthcare practices, regulatory notice and consent requirements, staff transfers, property transfers and the regulations relating to sale of goodwill.
Forming Companies or LLPs
Dentists may wish to provide dental services through a company or LLP. Our commercial team are experienced in setting up companies and LLPs and tailoring documentation for existing companies and LLPs to meet the particular requirements of the sector.
Shareholder Agreements
As part of setting up company arrangements, shareholders often enter into a shareholders' agree-ment by which they agree on specific issues relating to the management of the company and on how disputes and 'dead-locks' between the shareholders can be resolved.
They are designed to ensure that companies achieve the objectives for which they are established by avoiding uncertainty and consequential disputes. They are also often used to protect minority shareholders against oppression by the majority.
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PREMISES
Combining our intimate knowledge of dental and medical partnerships with our commercial property expertise, we can give unique specialist advice to dental professionals in all matters relating to their premises.
We give advice and support in respect of any property transaction, including: leases; commercial property sales & acquisitions; re-mortgaging; transfers of partnership property; co-ownership arrangements; stamp duty land tax returns; disputes and property litigation; and, premises devel-opments & finance.
We take a practical and commercial approach aimed at completing property transactions quickly, thoroughly and with confidence.
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EMPLOYMENT LAW
Our extensive experience of working with professionals has equipped us to provide employment advice tailored to the particular needs of healthcare practitioners. As with so many areas of law, properly drafted policies, procedures and contracts will go a long way to helping to avoid dis-putes. Specialist advice at the right time will save money in the longer term.
We can give practical and informed advice in the following areas: employment contracts; statutory employment rights; data protection; disciplinary and grievance procedures; equal opportunities and discrimination law; health and safety; employment tribunal claims;
redundancy and dismissal; restrictive covenants; and employment aspects of practice takeovers and mergers.
Associate & Hygienist Agreements
In addition to the services we provide on Employment Law, our Employment and Regulatory Teams are happy to advise on Associate and Hygienist Agreements and the legal issues surrounding them.
Disciplinary & Fitness-to-Practise
Lockharts have membership of the Association of Regulatory and Disciplinary Solicitors. In the unfortunate event that a dental practitioner is the subject of investigation or charged with a discipli-nary offence by their regulatory and professional body, we can provide advice and, if required, representation where a disciplinary hearing is unavoidable.
Again, our solicitors bring the advantages of having worked almost exclusively with healthcare professionals along with their marked expertise in partnership law, regulatory law and litigation.
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CHAMBERS AND PARTNERS 2009 ENTRY
Offering a 'much wider breadth of knowledge and expertise' than many of its competitors, the firm comes highly recommended and gives clients 'very little reason to shop around.'
