Healthcare

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We support clients across primary, acute, community, residential and social care including mental health, special education and children’s services. Our award winning healthcare team is well known for the innovative advice they offer on a wide range of healthcare matters from significant transactional advice to complex high value medical claims and healthcare regulatory advice, inward investment and NHS capital procurement, PFI’s, PPP’s and other healthcare outsourcings.

CMS are committed to driving development and growth in the sector and are members of key industry associations. We provide exceptional, tailored, expert and appropriately priced advice to a wide range of health and social care clients relying on our deep knowledge of the sector.

Long-standing clients include Nuffield Health, Spire Healthcare, NFA Group, Barchester Healthcare, Welltower, Care UK, HCA Healthcare, Primary Health Properties, General Optical Council, NHS Greater Glasgow & Clyde, Civitas Social Housing and BMI Healthcare.
 

Laing Buisson Award 2020

 

HI Award Logo 2018

 

 

Legal 500 UK Top Tier 2020

 

 

 

"We always find them brilliant. They're very commercial, hugely responsive and know their onions."

Chambers, 2024

"The team always gets to a solution that meets all our needs in a timely and professional manner."

Chambers, 2024

"CMS' multi-disciplinary practice is spread across multiple offices and offers 'strong expertise' in high-value M&A transactional advice, international inward investment and NHS capital procurement, PFIs and PPP and other healthcare outsourcings."

The Legal 500, 2019
13/01/2020
Highlights of our experience in Healthcare
Spire Healthcare on a wide range of transactions, including the disposal of two cancer centres and the establishment of a partnership with Genesis Care. We also advised on a coverage dispute with its...
Law-Now: Healthcare
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Advising the Board

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15/04/2024
New and improved, or is it? – The CQC’s Single Assessment Framework
The new Care Quality Commission (CQC) single assessment framework is now in force for health and social care providers across England. As background, the new framework aims to provide a single vision...
11/04/2024
Navigating clinical trial disclosures: No reasonable expectation of success...
Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial...
04/04/2024
Supreme Court ruling on the correct approach for assessing PSLA in “mixed...
In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to...
25/03/2024
Patentability of inventions relating to diagnostic methods at the EPO
Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent...
20/03/2024
Court of Appeal clarifies legal test of reasonable foreseeability in mesothelioma...
The Court of Appeal has issued important guidance on the legal test to be applied in establishing liability in asbestos-related mesothelioma claims. In a number of cases the Judgment will make it harder...
20/03/2024
Court of Appeal determines costs budgeting issue in personal injury claims...
The Court of Appeal has decided that in principle, the Claimant’s solicitors’ costs of attending rehabilitation case management meetings are recoverable as costs of an action.This judgment is significant...
13/03/2024
Court of Appeal rules that defence of illegality in civil claim is not...
In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found...
20/02/2024
Court of Appeal confirms position on damages for breach of public procurement...
The much anticipated judgment in the Braceurself appeal has been handed down by the Court of Appeal. The Court of Appeal (led by LJ Coulson) has reaffirmed the position established by the High Court that...
26/01/2024
Commissioning Health Care Services in England: The new PSR regime
Following a lengthy consultation process, the Health Care Services (Provider Selection Regime) Regulations 2023 (the “PSR”), were laid before Parliament on 19 October 2023. The PSR has been designed...
18/01/2024
Out with the old, in with the new – what do healthcare and social care...
And so it has begun – the rollout of the long-awaited CQC’s new assessment regime is underway.   Having commenced in the South of England and working region by region, registered providers in London...
20/12/2023
Scottish QOCS case law for 2023 – the lessons learned so far
It is two and a half years since Qualified One-Way Costs Shifting (QOCS) was introduced to personal injury claims in Scotland. There has been much interest in how case law will develop the application...
08/12/2023
COP28: Global Health Under the Spotlight
Health took centre stage at the first ever ‘Health Day’ at COP28 on 3 December. The program focused the attention of world leaders on the profound public health-related issues stemming from climate...