Henrietta Frew
Senior Associate Solicitor
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Date Published:21 Sep 2021 Last Updated:25 Jan 2022

Healthcare Litigation for Care Providers


The current economical and political climate presents a number of different challenges for care providers, such as an ageing population, increased running costs on reduced funding, and competition from other providers.

The added pressure of having to deal with legal disputes is less than ideal for a care provider. If managed poorly, the costs of a legal dispute can be a real drain on already limited finances which might otherwise have been spent on your business. Therefore, if a dispute does occur, it is important to seek quality independent legal advice as soon as possible.

Potential Disputes

There are a number of potential disputes that a care provider might encounter, to include:

  1. Recovery of unpaid fees – care providers should have proper credit control procedures in place, but may want to see seek legal advice to ensure that recovery of any outstanding debt is being sought in accordance with the correct debt regime and in a way that is likely to result in a successful commercial conclusion.
  1. Contractual disputes, such as service user contract disputes, supplier and local authority disputes – this might include breach of contract, negligence, or a negotiation of contractual terms during negotiations for example.
  2. Defamationcare providers often have to deal with people making negative comments on social media or to the press. We can help with removing those to avoid potential damage to your reputation.
  3. Banking and Finance disputes –providers may have had to take out loans, such as asset finance, development loans, or debt restructuring loans, as a result of increased financial pressure. Disputes may arise in relation to product mis-selling, performance of the terms of a loan, or a threat to call-in a loan, for example.

How can we help?

Our Healthcare Team understand the importance of maintaining a strong reputation within the highly scrutinised healthcare sector. As such, our aim is always to reach the best possible commercial resolution in an efficient manner and without recourse to court proceedings wherever possible. We will work closely with you to provide specialist and tailored advice to suits your needs, in order to protect your position and your business.

If you wish to discuss a potential dispute, please contact Henrietta Frew by email at Henrietta.Frew@ellisjones.co.uk or phone 01202 057863.