Welcome to our latest healthcare, digital health and life sciences newsletter, which addresses key legal and regulatory issues and evolving areas of law affecting healthcare, digital health and/or life sciences businesses.
In this quarter, we:
summarise a panel discussion of ways to optimise the process of raising debt capital or refinancing,
explore practical steps to avoid deal disruption when selling a healthcare business,
examine rent arrears and enforcement for pharmacy and ancillary tenants,
look at the recommendations of the recent report of the National Commission into the Regulation of AI in Healthcare,
provide an overview of the latest changes under the Employment Rights Act employers need to prepare for,
review the lessons from Cunningham v BBC for employers, when it comes to disability discrimination and reasonable adjustments, and
address some key people risks in M&A transactions, particularly around off payroll workers, holiday pay arrangements and sponsor licences.
Healthcare continues to attract strong interest from lenders and investors driven by robust fundamentals underpinning the sector, including favourable demographic trends, a continued shortage of high-quality assets, and the growing importance of ESG considerations in investment and lending decisions.
The funding market is also more diverse than it has been for many years. Alongside traditional banks, businesses can now access funding from specialist healthcare lenders, debt funds, REITs and other alternative providers. For organisations looking to refinance existing facilities or raise capital to support growth, there are often more options available than they might expect. The challenge is understanding how to access those options and secure funding on the right terms.
At the HealthInvestor Healthcare Summit, Ashfords sponsored the CFO stream and hosted a discussion with Jamie Stuart, Co-founder and CFO of Fortava Healthcare, and Nick Essex, Acting CEO and CFO of Liaise, who shared their experiences of raising capital and refinancing in today's market. Here are some of the key practical takeaways from that session for organisations seeking funding.
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For businesses in the healthcare and life sciences sector, there are various elements that go into a successful sale. However, the sellers who achieve the smoothest process and strongest valuations are usually those that have prepared early: clarifying their sale structure, resolving diligence issues and demonstrating regulatory readiness.
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It's common for GP practices and medical centres to grant leases over units within or adjacent to their premises to commercial tenants, such as pharmacies, retail operators, food businesses, or organisations providing ancillary services. In most cases, these arrangements work well for landlords and tenants. Most importantly, patients benefit from convenient services located near and linked to the surgery. But what options can a medical centre pursue if their commercial tenant doesn't pay rent on time?
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AI has the potential to transform healthcare. It could support earlier diagnosis, enable more personalised care, improve patient outcomes, and enhance the experience of clinicians, while helping the NHS and wider health system respond to growing demand. However, AI-enabled technologies present regulatory challenges that differ from those associated with traditional medical devices. Unlike many conventional products, AI systems may evolve over time, and their performance can be influenced by the context in which they are deployed and used. Against this backdrop, we look at the recent report of the National Commission into the Regulation of AI in Healthcare.
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August and October 2026 mark the implementation of several significant employment law reforms affecting UK employers following the Employment Rights Act 2025. These developments are particularly relevant to healthcare organisations, which operate in a highly regulated environment and frequently face complex employee relations issues, including whistleblowing concerns and discrimination complaints.
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The healthcare and life sciences sector relies heavily on shift working and out-of-hours services, making the decision in Cunningham v BBC particularly relevant. The case serves as a reminder that employers cannot simply wait for Occupational Health to confirm whether an employee is disabled. Where information suggests that a health condition may be having a substantial impact on an employee, employers should make reasonable enquiries and consider whether adjustments to working patterns, shifts or duties may be required. For a detailed analysis of the decision and the practical lessons arising from it, read our article, Disability discrimination and reasonable adjustments: lessons from Cunningham v BBC for employers.
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Businesses in the healthcare, digital health and life sciences sectors frequently engage consultants, contractors and specialist professionals to support service delivery, research projects, technology implementation and fluctuating workforce demands. As a result, employment status and off-payroll working arrangements can present a significant area of risk in corporate transactions. We also consider the issues which holiday pay arrangements and reliance on sponsor licences can raise on corporate transactions.
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Alexis Karim was recently appointed corporate partner in our London office. He covers a range of sectors including healthcare and life sciences and has significant experience advising on corporate transactions, including private company M&A, private equity and venture capital investments.
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Jocelyn Ormond
Partner and Head of the Healthcare & Life Sciences Sector
+44 (0)7872677082 j.ormond@ashfords.co.uk View more
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