Michelmores advises a wide range of clients in the care sector. Our specialist lawyers provide a comprehensive service to our clients ranging from advice on the acquisition and disposal of companies, employment and dispute resolution to the acquisition, development and disposal of land and premises.
We realise that the top priority for care operators is to provide outstanding care and support to your service users. We recognise that in the fast changing arena of care, operators face many legal issues. With our wide ranging experience in the care sector Michelmores will work pro-actively with you to manage the legal risks and find solutions to the issues you need to address.
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- Advising a Care Home operator on the asset purchase and funding of a new home, including resolving land ownership and poor maintenance issues.
- Advising on the sale of shares in a high value Care Home group, including negotiating complex share purchase agreement and tax deed.
- Advising a social care provider whose negotiations with the local authority regarding funding had stalled. The level of the local authority’s funding offers would have required the social care provider to operate the business at a loss because it was not sufficient to cover the actual cost of care. We wrote to the local authority to challenge its decision on the basis of unreasonableness, which re-started the negotiations. Our client then secured an increase in the level of funding for that financial year.
- Advising Care/Nursing Home owner on aspects of risks inherent in undertaking major demolition and reconstruction works to property, to include advising on the selection and appointments of Architect/Contract Administrator and broader commercial and H&S implications of undertaking such works to an operating home.
- Advising an NHS Trust in the defence of a highly sensitive, high value contractual claim by a care home owner relating to the commissioning of care for vulnerable adults. The claim arises out of the Trust’s decision to move residents from the care home as a result of deficiencies in care. The case has involved contractual issues; together with a detailed consideration of safeguarding adults and Mental Capacity Act policies and processes.
- Successfully represented Care/Nursing Home owner in a dispute with a building contractor who was late in undertaking major reconstruction works to the property resulting in a negotiated settlement.
- Advising the administrators of a Devon-based residential care home business on the sale process and all aspects of the administration, including a comprehensive licence agreement, dealing with the complex requirements for operation of the business and the stringent regulatory requirements for care provision, to minimise the administrators’’ exposure during this period.
- Advising a number of Care operators on retainer to provide strategic advice on day to day employee and HR issues.
- Drafting terms and conditions to regulate residents occupation of residential and nursing homes in line with the OFT guidelines.
- Advising clients in relation to the defence of employment tribunal claims involving whistleblowing/abuse allegations, restructuring of senior management teams and undertaking detailed investigations into cross grievance/ disciplinary complaints.
- Acting for a leading lending institution on the funding of transactions in the care sector.