Dentists

We have a large number of dental clients. We can advise on all aspects of the legislative framework which regulates dentistry, as well as being able to advise on contractual documents and variations.

We have solicitors who specialise in partnership law, commercial law, employment law, property law and NHS statutes and regulations, making us well-placed to advise on all aspects of a dentist’s business.

NHS Statutes & Regulations
GDS and PDS

Whether you require assistance with the terms of your current contract or are thinking of entering into a new contract with your PCT, we are well placed to advise or negotiate for you, your partners or your body corporate.
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.
Practice Purchases and Mergers
Forming Companies and LLPs

Dentists may wish to provide dental services through a company or LLP. Our commercial team are experienced in forming companies and LLPs and tailoring documentation for existing companies and LLPs to meet the particular requirements of the sector.
Shareholder Agreements
Goodwill
Partnership Issues
Agreements for Associates and Hygienists

In addition to the services we provide on Employment Law (link below), our Employment and Regulatory Teams are happy to advise on Associate and Hygienist Agreements and the legal issues surrounding them.
Expense sharing

Full partnership arrangements may not be suitable for dentists who merely wish to work alongside each other and share common expenses and we are happy to advise on the suitability of these arrangements for your particular needs and draft a tailored expense sharing arrangement that reflects the intended working arrangements. 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 applications.
Disciplinary and Fitness-to-Practise Issues
Employment issues
Premises issues
Business service

Judicial Review - January 2008

The British Dental Association (“BDA”), represented by Lockharts, successfully intervened in support of Mr E Crouch’s application for judicial review proceedings against South Birmingham Primary Care Trust.

The case was heard over 25 and 26 February 2008. The aspect of the case, which the BDA directly supported and made submissions thereon, concerned a point of general importance to all dentists working under the new NHS PDS contracts. South Birmingham PCT sought to include within Mr Crouch’s contract two clauses purportedly giving the PCT the right to serve a notice cancelling the contract at any time, without any reason, with termination effected on the date specified in the notice. The PCT argued that the PDS regulations required the inclusion of such a clause.

Dr Crouch argued before the NHS Litigation Authority that the clauses that had been included within his contract purporting to give this power were unlawful. Unfortunately, the Appeal Authority agreed with the PCT’s interpretation. As a decision of the NHS Litigation Authority is binding, Mr Crouch’s only option was to appeal by way of a Judicial Review.

Mr Crouch launched his Judicial Review application based on two grounds. First, Dr Crouch argued that the without cause termination clauses should not be included in his contract as these were unlawful. Second, Mr Crouch argued that a public consultation should have occurred prior to the award of the new dental contract. On Lockharts’ advice, the BDA only intervened in support of the first point.

Mr Justice Collins’ Judgment expressed his view that “…it is not surprising that Parliament decided that there should be a degree of security provided for such practitioners. And it seems to me to be self-evident that the 5-year minimum is there in order to provide that degree of security because if the agreement is brought to an end, the practitioners' livelihood will be gravely affected.” Mr Collins ruled that the inclusion of clauses that purported to allow a PCT the right to terminate PDS Agreements at any time without cause was unlawful.

Unfortunately for Mr Crouch, Mr Justice Collins ruled against him on his second argument regarding public consultation prior to the award of the contracts.

The PCT and the Secretary of State will have 21 days from the date that Judgment is handed down to petition the Court of Appeal for a hearing should they wish to challenge the Court’s present interpretation of the Regulations.

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