Family disputes - how can you settle arguments over inheritance?

In recent years the number of people contesting wills has increased dramatically. One reason is that it is common for families today to be structured in a less traditional way. Second marriages are more common than they were in previous generations and it is...

Planning an exit from your healthcare business

Whether you operate your healthcare business as a sole trader, partnership, LLP or company there will always come a point where you need to consider your exit strategy. The need for succession planning might arise due to circumstances forced upon you, such...

Do you have resident care home employees?

Some employees live at their place of work in connection with their employment. This can arise with care home workers. There is a belief that if the employee resides at their place of work then they would lose their right to occupy the property once their...

Are GP premises leases "off-putting"?

A GP Partnership Review was published in 2019. The review found that GPs had considered the personal financial risk of owning or leasing their GP surgery was a major reason why they were leaving or choosing not to join partnerships. The General Practice...

Completing and updating your company's Person with Significant Control Register

As of 26 July 2017, it has been a legal requirement that limited companies and limited liability partnerships maintain a Person with Significant Control Register ( PSC Register ) so why is it, after all this time, when I look up a company at Companies House...

Having a contract in writing: why you need one and why it's a good investment

Many business deals are concluded by “Gentleman’s Agreements”. These can work for people and businesses - until there is an issue or uncertainty. Unfortunately, deals and relationships in business can, and do, go wrong for many reasons....

What happens if you don't make a will?

The law does not require you to make a will but if you die without having made one, your estate, which includes all your property, money and other personal possessions, will be distributed in accordance with the law and your wishes will not be taken into...

Should your GP surgery lease contain a break clause?

When negotiating a new lease, there are lots of terms to consider. Whilst GP surgery leases are fairly similar to standard commercial leases, there are specific points that should be considered when negotiating the terms of the practice lease. Consideration...

GDPR - special category (sensitive) data

As 25 May 2018 fast approaches, and the EU General Data Projection Regulation (GDPR) comes into force, the GDPR has expanded data protection and refers to special category data, which the regulation says is sensitive personal data that needs more protection....

Is a worker entitled to be paid for all hours whilst "on call"?

A recent decision of the European Court has brought this issue back into the news. In the case the Court heal that stand-by time spent at home but within 8 minutes travel of a workplace was 'working time'.   The question of whether a worker...

LPAs are important for care homes too

Running a care home can be stressful - managing budgets, keeping residents and their families happy and ensuring consistent ongoing care. This burden increases when a resident has an accident, becomes unwell or loses mental capacity. If that happens, who...

NHS funding: who pays for what?

We are often asked about the confusing area of top up fees. If someone is eligible for continuing health care, fees are funded entirely by the NHS. But where do those financial obligations start and end? In essence, it is not possible to top up NHS...

Essex law firm behind major care homes deal

Essex law firm Birkett Long has been praised by client Runwood Homes after its specialist healthcare team advised on a deal that saw the Benfleet-based organisation buy three care homes in Northern Ireland, making national news there. Runwood Homes...

Corporate manslaughter - conviction in care

July 2007 saw the enforcement of the Corporate Manslaughter and Corporate Homicide Act 2007 and the consequences of breaches fell under the spotlight when former care home director, Mr Yousaf Khan, was sentenced to three years and two months’...

Mental capacity - what does the law say?

The Mental Capacity Act 2005 sets out five statutory principles which underpin its legal requirements.   The principles are designed to help people take appropriate action in individual cases and help people find solutions in difficult or uncertain...

Surveillance in care homes - expert guidance

The Care Quality Commission guidance “Using Surveillance” was updated in June 2015 and includes a reminder that the legal framework requires that the use of surveillance in care services must be lawful, fair and proportionate.  Concerns over...

Partnership retirement and restructuring

Birkett Long acted for the Partners of a GP Practice and their Bank (in connection with the financial arrangements) in relation to the retirement of a Partner. The work involved restructuring the GPs loans to newly appointed and continuing Partners who run...

Building and refurbishment projects - new regulations introduce significant changes

The Construction (Design and Management) Regulations 2015 came into effect on 6 April 2015 making sweeping changes to previous CDM regulations.  The former exclusions for small projects no longer apply, which means that care homes and professional...

Employee dismissal and the question of disability

Heritage Homecare Limited (“HHL”) has successfully appealed a finding of ‘direct disability and discrimination arising from disability’ due to the failure of the employment tribunal to properly explain its decision.  The case...

CCTV in care homes - Implications for insurers

The mistreatment of elderly and vulnerable people in care homes is an issue that sadly continues to rear its ugly head.  A Panorama programme aired in April 2014 showed undercover filming of a number of distressing incidents arising in care homes. ...

Regulations could affect landlords and tenants of commercial property

Last year the Government consulted on its proposals to enforce a minimum energy requirement for commercial and residential lettings and in April 2015 issued a response to that consultation as well as draft regulations on the topic.  Although these...

Birkett Long LLP acted for the sellers on the sale of their shares in Gemini Care Limited

Birkett Long LLP acted for the Sellers on the sale of their shares in Gemini Care Limited to a new corporate owner. After being involved in the care home business for a long time and creating two respected care homes, Winchley Home and The Lodge, which have...

Break clauses in healthcare leases - avoid the traps

Many present day healthcare leases contain a “break clause” which gives the tenant the right to terminate the lease before the end of its term. Landlords will often include conditions attaching to the break clause such as: The rent has been...

Reclaiming care home fees

When an elderly relative needs care, difficult choices can result in an emotional time for everyone concerned.  The elderly person may be facing a loss of independence for the first time, while the rest of the family must select the right care home and...

Health and Social Care Act 2012

On 27 March 2012, the Health and Social Care Bill 2010-12 received Royal Assent to become the Health and Social Care Act 2012 (“Act”). Key reforms under the Act include the introduction of clinical commissioning groups with responsibility for...

Care homes represent a viable investment opportunity post-recession

It is well known that the care home industry has endured a turbulent few years as a result of the worldwide economic downturn.  Purchases and sales have reduced as funding has become more difficult to obtain, while local authorities have been squeezing...

Lifes inevitabilities

The fact that you will need a funeral is one of life’s inevitabilities.  However, the cost of even the most basic funeral is out of reach for many people.  Funeral costs have risen, on average, by 7.32% per annum over the last five years...

The rise of fraudulent compensation claims

With the political spotlight on the so called “compensation culture” and numerous news stories appearing in the press about “crash for cash” road accident claims, the courts are showing a greater appetite for giving prison sentences...

GP Premises - a battleground for disputes

Not only are GP practices involved in an increased number of disputes with their PCTs regarding practice premises, relating to the current market rent for the premises, the practice premises are also the reason for internal disputes between GPs. The...

GP Premises - why do GPs need written agreements?

Maintaining practice premises can be expensive and responsibility for such expense is not always clear. When GPs used to occupy premises with all partners having the same ownership interest in the property this was not an issue, since everyone understood who...

Abolition of GP practice boundaries

Andy Burnham, the Health Secretary, has announced that within the next 12 months patients will be given the right to choose their GPs, under reforms to open up real choice in primary care. To achieve this he wishes to abolish practice boundaries to allow...