The Halliwells' Healthcare team was established to meet a growing demand in the marketplace for specific expertise in this wide-ranging but specialist area. As a full service law firm with a desire to provide advice and assistance which exceeds its clients' expectations, Halliwells brought in the Healthcare team to create a specialism in this niche but expanding area and also to complement the existing services offered by other departments, such as the employment and insurance litigation teams.

The 11-strong specialist team is led by Dr Andrew Peel, who qualified as a medical practitioner before retraining as a lawyer. The team members are based in both Sheffield and Manchester on a day-to-day basis but provide nationwide coverage from Halliwells' offices in Sheffield, Manchester, Liverpool and London as well as the team's established links with specialist healthcare advisors in Scotland. The Halliwells' team is highly skilled and experienced in all aspects of healthcare law, ranging from the day-to-day management of compensation claims to the provision of advice about public policy and statutory change.

Areas of Expertise

Our team members in both Sheffield and Manchester are specialists in the defence of clinical negligence claims against both individual healthcare practitioners and corporate healthcare providers. We do not act on behalf of claimants, choosing instead to enhance our service to clients by maximising our experience of the defence of these complicated, often high-value and sometimes high-profile claims. In this way, we offer a service tailored to our clients needs, which ensures that these cases are managed as efficiently and cost-effectively as possible with minimum impact on our clients day-to-day work. We make sure that all claims are thoroughly investigated and have ready access to a pool of recognised expert witnesses and specialist barristers to aid this process.

Our team members in both Sheffield and Manchester have extensive experience of the defence of proceedings brought against individual practitioners by the General Medical Council, in relation to conduct, health and performance issues. The investigation process is inevitably stressful to the practitioner as his or her registration is at stake but our expertise enables us to guide our clients through it with minimal disruption to their working lives; we advise from the outset, through the receipt of a Rule 4 or 7 letter, on to a possible appearance before the Interim Orders Panel and, ultimately, to a final hearing before a Fitness to Practise Panel. We also advise after the conclusion of a case when practitioners have concerns about the impact of the outcome of an investigation or hearing on their future.

Our team members in both Sheffield and Manchester have extensive experience of the defence of proceedings brought against individual practitioners by the General Dental Council, in relation to conduct, health and performance issues. The investigation process is inevitably stressful to the practitioner as his or her registration is at stake but our expertise enables us to guide our clients through it with minimal disruption to their working lives; we advise from the outset, through the Preliminary Proceedings Committee stage, on to a possible appearance before the Interim Orders Committee and, ultimately, to the final hearing before a Professional Conduct/Performance or Health Committee. We also advise after the conclusion of a case when practitioners have concerns about the impact of the outcome of an investigation or hearing on their future.

Our team members in both Sheffield and Manchester have extensive experience of advising clients in relation to Coroners Court proceedings. This expertise includes the initial investigation of the clinical or other issues giving rise to the Coroners interest in the matter through to representing clients themselves at inquest hearings. We understand the importance of proper preparation for these hearings, which often attract media interest and which can affect other legal proceedings (such as a compensation claim). A verdict which is unexpected can impact significantly on an individual or organisation and we work to ensure certainty so far as the outcome is concerned.

Our team members in both Sheffield and Manchester have extensive experience of advising clients in relation to fatal accidents inquiries, which often attract media interest and demand proper preparation. We are here to advise on all aspects of the events under scrutiny, whether a clients role is central or peripheral to the investigation. In addition to assisting clients prepare an initial response to a request to take part in such an inquiry, we are able to guide them through the process, liaise with the inquiry panel and other interested parties on their behalf and arrange specialist representation at the inquiry hearing itself if necessary. We also manage any media interest on our clients behalf with a view to the protection of their professional reputation.

The team provides advice to care home providers both in the capacity of instructed legal representatives on record for the provider and behind the scenes support and advice. The service we offer includes the provision of nationwide advice in the context of advisory and regulatory matters and registration requirements of nursing, residential and care homes. Examples of the teams expertise include:

• Advising on the criteria and requirements for registration of establishments, agencies, clinics and hospitals under the Care Standards Act 2000.


• Full service expertise where a death has occurred in a nursing, residential or care home. This includes attendance at police interviews under caution in manslaughter investigations, representation at coroners inquests and during Health and Safety Executive prosecutions.


• Crisis management following a death or other adverse incident, and advice on the implementation of risk management strategies for registered providers and registered managers.


• We also provide advice on corporate governance compliance, such as adverse incident reporting to the board of directors of a registered provider.


• Advice on risk management on compliance with regulatory standards, for example, to rectify regulatory defects identified during inspections undertaken by the Commission for Social Care Inspection.


• Advising on the process for issuing and responding to statutory notices under the Care Standards Act 2000.


• Assessment of regulatory liabilities and compliance with acquisitions and divestments of health and social care providers.


• Advice on the management of adverse publicity, including the preparation of press releases.

Our team has extensive experience of advising clients in relation to public inquiries, for example, the Shipman and Fahey inquiries, which usually attract media interest and demand proper preparation. We are here to advise on all aspects of the events under scrutiny, whether a clients role is central or peripheral to the investigation. In addition to assisting clients prepare an initial response to a request to take part in such an inquiry, we are able to guide them through the process, liaise with the inquiry panel and other interested parties on their behalf and arrange specialist representation at the inquiry hearing itself if necessary. We also manage any media interest on our clients behalf with a view to the protection of their professional reputation.

Our team members in both Sheffield and Manchester have experience of assisting medical practitioners who have become involved either directly or indirectly in a police investigation of some aspect of their work or personal lives. We also advise healthcare organisations which face a similar investigation. The teams expertise covers initial advice about a criminal investigation, its status and consequences, full representation at a police interview (under caution or otherwise), liaison with the police and other interested parties on the clients behalf, obtaining witness and expert evidence to prepare a response or defence, management of further and related proceedings (such as an inquest or GMC investigation) and the provision of specialist representation at trial.

Our team members in both Sheffield and Manchester have experience of advising clients in relation to fraud investigations, ranging from charges of financial impropriety within the NHS to allegations about plagiarism in the context of the publication of research. We guide clients through the different stages of the investigation process, advising as necessary about practical steps to be taken and the evidence needed to rebut allegations, which cannot be proved. We liaise with the authorities as necessary and aim to manage these cases with as little adverse impact on the client as possible. We also manage any media interest on our clients behalf with a view to the protection of their professional reputation. The team members in both Sheffield and Manchester have extensive experience of advising clients in relation to the disclosure of health records. On-the-spot advice is always available, whatever the circumstances, which range from the relatively commonplace, such as disclosure to patients pursuant to a request under the Data Protection Act 1998, through to the more unusual, such as disclosure of a childs records requested in the context of a criminal case involving the childs parent. We have a thorough understanding of the law governing the maintenance and disclosure of confidential health information and are able to advise clients how best to apply it to achieve a practical and lawful solution to any problem that arises.

The team members in Sheffield and Manchester are experienced in advising healthcare clients about consent to treatment issues. These range from queries about the treatment of children in the absence of parental consent to clinically challenging decisions to be made about the maintenance of life sustaining measures in circumstances in which the patient does not have legal capacity to give or withhold consent. These difficult situations often arise outside of usual working hours and a member of our team is contactable 24 hours 7 days a week to give urgent advice. When necessary, we can assist with emergency applications to the court for determinations about the legality of giving or withholding treatment deemed to be in the patients best interests.

The team members in both Sheffield and Manchester have extensive experience of advising clients in relation to the disclosure of health records. On-the-spot advice is always available, whatever the circumstances, which range from the relatively commonplace, such as disclosure to patients pursuant to a request under the Data Protection Act 1998, through to the more unusual, such as disclosure of a childs records requested in the context of a criminal case involving the childs parent. We have a thorough understanding of the law governing the maintenance and disclosure of confidential health information and are able to advise clients how best to apply it to achieve a practical and lawful solution to any problem that arises.

The team has extensive experience in defending enforcement proceedings in the magistrates courts in relation to the prosecution of offences under the Care Standards Act 2000 and related legislation. The team also has experience of acting in magistrates courts applications and in defending urgent injunction applications made outside normal court working hours. We are also one of the leading legal practices in respect of judicial review applications. We have experience of a wide range of instructions relating to decisions made by public bodies, including those of the Healthcare Commission. For example, the team has acted in a matter where a report was published by the Healthcare Commission that was factually inaccurate and could have given rise to an action in damages for defamation. Judicial review proceedings were threatened for the purpose of preventing publication of the report in its incorrect format. The team has significant expertise in drafting responses to inspection reports prepared by regulating bodies, and we have effected successful negotiations between the regulator, local authorities and families of residents to ensure a collaborative approach to compliance with the relevant legislation. Halliwells Healthcare team provides to its clients the benefit of a 24 hour 7 days a week rapid response hotline which provides legal advice in relation to regulatory inspections.

The team has extensive experience of advising about the specific legal complexities that arise to challenge providers in the delivery of mental health services. This expertise ranges from advising about the disclosure of health records when there are concerns raised by clinicians about the impact that such disclosure might have on a patient under their care to defending judicial review proceedings arising from a patients allegation of unlawful detention. The statutory provisions that regulate this specialist field are in a state of change with new legislation coming into force frequently. In addition to advising about disclosure, consent issues and claims, we can assist providers with compliance problems as well as ensuring that they are properly prepared for future change.

The team has experience of advising individual practitioners about applications to the Post-Graduate Medical Education and Training Board (PMETB), which is the independent regulatory body responsible for postgraduate medical education and training in the UK. In particular, we have advised and assisted clients in connection with appeals about the PMETBs certification decisions.

The team is one of the leading advisers to both insurers and insureds in respect of products envisaged to cover the almost unique risks which arise in the delivery of healthcare. These include, for example, advice on retrospective insurance to cover absent periods of insurance through to advice on the type and level of cover needed to indemnify specific singular risks. The team is regularly consulted to advise on issues arising from late notification and non-disclosure which may compromise the effectiveness of the indemnity.

The delivery of healthcare in the UK has become an increasingly sophisticated business. Numerous private suppliers have recognised opportunities that have become available, most notably benefits arising from the outsourcing of NHS work. Halliwells Healthcare team has been involved from the outset in a number of innovative programmes advising on the non-contentious issues which arise. These include, for example, the procurement of healthcare services, the creation of limited liability partnerships for the benefit of healthcare professionals and the development of a range of healthcare products and services. We also have experience in advising on the regulatory and commercial issues arising from medical prostheses.

The team has advised a number of healthcare product manufacturers across a range of issues. It has provided advice on the creation, marketing, and regulatory compliance of a number of medical devices, including prostheses. It is also able to draw upon the expertise of other Halliwells teams, for example those dealing with intellectual property use and protection, for such non-contentious issues. The team has also represented clients in discussions with the Medical and Healthcare Related Devices Agency (MHRA) and has also been involved in representing the interests of manufacturers in traditional litigation relating to defective products.