In the UK we have been closely involved in all of the significant commercial developments within the English healthcare system and have developed a comprehensive understanding of the issues encountered in the industry. We are known for advising the Department of Health, the wider NHS and private sector healthcare businesses on all types of transactions within this sector and especially those for which there are no (or no readily applicable) precedents.
We are also working on health related matters across continental Europe, the Gulf and Asia Pacific.
Our firm is:
- recognised as having a blue chip healthcare team providing pragmatic and innovative solutions;
- one of the largest providers of commercial legal services to the health sector;
- nationally rated for our expertise in the health market in legal directories; and
- able to field one of the largest and most experienced teams in advising on transactions and business within healthcare, including an experienced team of corporate and M&A professionals operating within the health market.
The Legal 500 Directory states that Pinsent Masons LLP [in the healthcare sector] provides ‘unparalleled support’, and ‘outstanding creative and innovative advice’.
Our firm was also a finalist in the HealthInvestor Awards 2012 for best legal advisor in both the public and transactional categories.
The team
The healthcare team is headed up by Barry Francis, on the public services side, and Joanne Ellis in relation to private sector corporate transactions in the healthcare arena (both of whom are recognised as "leading individuals" in UK directories). We are an international team based across all three UK jurisdictions, continental Europe, the Gulf and Asia Pacific and firm wide there are over 30 lawyers with extensive experience of healthcare transactions.
Common Themes
Across the countries in which we operate we see a number of common themes emerging:-
- The search for new delivery vehicles to harness expertise, improve delivery, increase efficiency and source finance.
- A growing interest in partnering.
- Integration of health and social care and a greater emphasis on primary and community care.
Public Services
In the changing political landscape in the UK, we have been at the forefront of new ways of working in the NHS and the creation of new structures and processes to support the NHS in achieving its goals (for example joint ventures, LLP structures, ABIVs). We continue to advise in relation to PPPs and worked with the Business Services Association in developing models which address the government's "Mutuals" agenda. We are well placed to advise clients on the opportunities and threats arising from the NHS reforms and the new Health and Social Care Act 2012.
Bearing in mind the extent of our involvement for the NHS on health PFI schemes, we are advising a number of NHS organisations about operational PFI schemes and how to drive benefits out of them through active and innovative contract management. We are also advising on a number of variations, including complex rebuilding variations.
In an NHS that is seeing reconfiguration and the commercialisation of relationships we are, amongst other projects, advising several Trusts on the structuring and delivery of mergers as well as advising on contracts, contract performance and renegotiation between Foundation Trusts and PCTs and have advised on various solvency issues.
We are well placed to advise on the changes and reorganisation of the NHS to be brought about by the Health and Social Care Act 2012.
In the Gulf we are advising the Kuwaiti MoH on its first hospital PPP project and we are also active in Qatar
In China we are involved in a high spec geriatric accommodation and care complex in the PRC and are looking at various healthcare city developments and projects relating to community care and training.
Private sector
We have a market-leading social healthcare practice acting for 8 of the major operators in the independent care home sector and 7 of the major operators in mental health and learning disability care, advising on strategic acquisitions, property investments and restructurings.
Our private sector team also has extensive experience acting for private equity and other investors in the social healthcare arena, advising on investments in adult and children's residential care, domiciliary care and fostering agencies.
Our experience extends beyond social care; we have acted on a number of other transactions in the industry including medical products and occupational health and we continue to expand our healthcare offering entering new sectors such as private hospitals and healthcare provision, dentistry and pharmacy and engaging new clients attracted by our experience and reputation.