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Martyn Whiteman and Chris Pomfret are our specialist dental lawyers who have over a considerable number of years gained extensive experience in acting for dentists, dealing with their problems, and advising on solutions.
Some of the most common questions they are asked are:
- How do I sell my dental practice?
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If you are selling your practice and you have a General Dental Services Contract, we invariably advise you to use the partnership route to protect the benefit of the Contract and to prevent the PCT from putting the Contract out to tender. The partnership route is only available if you have a GDS Contract and cannot be used for transferring a PDS Contract, for example if you are an Orthodontist. If your practice is entirely private, the procedure for selling the practice is more straightforward, although there may still be complicated property issues to consider.
- How do I buy a dental practice?
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If you are intending to buy a practice, we will advise you on how best to acquire the goodwill, the issues you need to think about concerning the purchase of the dental equipment, and in regard to the purchase of the surgery premises. We will provide you with legal advice on how to deal with staff, the associates, and the hygienists. We will negotiate for you warranties and indemnities from the seller, and enforceable restrictive covenants to limit the seller's future dental activities. We may seek a retention to cover defective dental treatment.It is not uncommon that many dentists who are practising together do not have a partnership agreement, or an expense sharing agreement. When a partnership dispute arises between them, it can then prove extremely difficult to resolve. If you are intending to buy into a Partnership, or buying jointly with another dentist, as either a partner or an expense-sharer, we will recommend how you should regulate your relationship together, and advise you on the issues you need to think about, as well as preparing the legal documents for you.If you are intending to remain as an associate after you have sold your practice, we will advise you to have an Associate Contract with your buyer, and we can assist you in agreeing the terms of this.
- How do I set up a squat?
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If you are intending to set up a squat, we will advise you on the lease of the surgery premises, or assist you in buying the freehold.
- What is the partnership route?
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We are often consulted in regard to a problem with the Primary Care Trust. Unfortunately PCT disputes are not uncommon, invariably concerning the value of UDAs, or in regard to underperformance or even overperformance of the Contract. We can assist you if you are seeking extra UDAs from the PCT, or you are being removed from the Performers List.We can advise you on what it means to be a Provider or a Healthcare Professional. We can also give you advice on Regulatory matters concerning NHS Statutes and Regulations.We are members of ASPD ( the Association of Specialist Providers for Dentists ) and associate members of NASDA (the National Association of Specialist Dental Accountants). We are also on the list of solicitors kept by the British Dental Association (BDA) who have been recommended by dental clients.
- Do I need a specialist dental solicitor?
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We would say that it is invaluable to have someone acting for you who is fully conversant with the legal issues relating your profession and who can provide you with the benefit of this specialist knowledge.
"Many thanks to you and your team for all your help and advice during this transaction. It has always been reassuring to know that you and your team are leaders in this specialised field and this has been a great comfort to me"
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