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Commercial services for the NHS

Our corporate and commercial lawyers have substantial experience in the health sector, both NHS and private, its organisation and structures and can advise on the appropriate form of contract or structure.

Our lawyers’ general corporate and commercial experience advising clients, both within the state sector and outside, as well as in a variety of areas of activity, not just health, enables us to take a broader commercial and legal perspective.

When disputes arise, our commercial litigators have significant experience of dispute resolution and litigation, including mediation where appropriate.

We believe that our emphasis on effective communication in the contracting process is a hugely useful resource for clients. This is because we firmly believe it enables a knowledge transfer to the client’s staff working with us.

For example, if we are asked to review a contract, we will strongly recommend that once we have looked at it, the next step should be for us to talk through our comments with the client’s relevant member of staff on the phone rather than writing a letter of comments or just starting to redraft.

Not only does that enable us to take account of the client’s needs much better, our approach to issues rubs off on the clients’ staff, enabling them to understand far better what the issues are. Sometimes we even find they are anticipating some of our comments after a while, which is useful for the client for the future. In contrast, we believe trying to work in isolation just leads to delay and poor contracting.

Examples of commercial matters relating to work undertaken for NHS trusts, hospitals and other public bodies:

  • Facilities management agreement for hospital including catering, cleaning, portering and security services (working on documents both before tendering and in finalisation post-tendering)
  • Hospital catering agreement
  • Nationwide transplant-related agreement
  • Out of hours, urgent care centre and NHS 111 agreements (working on documents both before tendering and in finalisation post-tendering)
  • Seconded services agreement for an NHS trust providing staff to private provider of a specialised health service unit
  • Agreements for IT products and services (including for patient records) and related licence agreements
  • Agreements for joint ventures between NHS entities and other NHS entities or private provider entities, including collaborative joint venture agreement between a hospital and a private provider for a community based service
  • Drafting of standard form purchasing agreement for an NHS trust
  • Agreements for cleaning and security for a PCT
  • Agreement for outsourcing of financial functions by an NHS trust
  • Agreement for provision of expert witnesses by an NHS trust
  • Agreement between a hospital and a national broadcaster
  • Agreement by a hospital relating to clinical trials
  • Advice to an NHS trust and a hospital on its intellectual property (IP) policies
  • Advice to a hospital on payment obligations of local authorities for a health service
  • Agreement for an NHS trust with foreign government health department body
  • Agreement by an NHS trust for research services
  • Agreement by an NHS trust with a training provider relating to web provision of training courses
  • Agreement concerning allocation of responsibility for sharers of NHS premises
  • Agreement relating to the use of personal data
  • Agreement between a hospital and a government department in relation to hosting of a healthcare service
  • Mutual confidentiality agreement for a joint service bid arrangement
  • Advice to a hospital about variation of an agreement with commissioners
  • Advice to a PCT on its form of GP PMS contract
  • Advice to a PCT on a learning and development agreement
  • Advice on procurement obligations
  • Advising an NHS trust on terms of termination of a joint service arrangement with a charity

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NHS Shared Business Services
We are approved suppliers on the HealthTrust Europe and NHS Shared Business Services frameworks.