Commercial

We advise on the full range of commercial law issues relevant to our public, private, and third sector clients operating in the Health and Social Care field.

We advise on supplies and services contracts between public bodies (including NHS bodies, local authorities and central government departments) and where third and private sector organisations are contracting with public bodies for the delivery of supplies and services.

The NHS is increasingly moving towards the use of legally binding contracts, instead of non-legally binding Service Level Agreements (SLAs), and we advise on both types of agreement. We have an in-depth understanding of all of the standard contracting regimes applicable to service provision in the NHS, including primary care contracts (GMS, PMS, APMS) and standard contracts for acute, mental health, ambulance and community health services.

We advise many clients on the flexible powers of Section 75 of the NHS Act 2006 to ensure effective joint commissioning and integrated provision of health and social care services.

We also advise on grant funding arrangements under Section 256 of the NHS Act 2006 and under Section 64 of the Health Services and Public Health Act 1968.

We have worked with many commissioning bodies on the development of commissioning strategies, including the development of specifications. We also advise on public procurement law and regulation.

We have expertise in the drafting and negotiation of clinical trial agreements, which naturally complements the commercial work that we do for the NHS. In addition to our clinical trial contractual competency, we have expertise in advising on the regulatory aspects of clinical trials (MHRA regulation, ethics approval, data protection, patient protections and sponsor responsibilities).

Key Services and Issues

  • Supplies and services contracts between public bodies
  • Supplies and services contracts between public bodies and third sector / private sector organisations
  • Non-legally binding Service Level Agreements between NHS bodies
  • NHS contracting regimes for:
  • Commissioning – including strategies, specification development and the Framework for procuring External Support for Commissioners (FESC)
  • Public procurement law and regulation
  • Partnership Agreements
  • Capital and Revenue Grant Agreements
  • Clinical Trial related commercial and regulatory advice

Our Work

  • We supported Ashton, Leigh and Wigan Primary Care Trust (PCT) in a deal under FESC which aimed to greatly improve the health of people in the North West. The deal between the PCT and healthcare commissioning experts Tribal Consulting Limited created a partnership which it was hoped would impact significantly on the health of local people by commissioning access to healthcare services they need.
 

Key Contacts

 
Picture of Adrian Parker

Adrian Parker

Partner, Harrogate
Procurement, Corporate, Commercial
01423 724029
Picture of Christian Dingwall

Christian Dingwall

Partner, London
Corporate, Commercial
020 7484 7525