Legal
process, from the memorandum of understanding stage where the parties capture their intentions to work together, through to a signed agreement to work together. Some NHS Trusts are at the start of their
international journeys and others are already well established in international working. English healthcare providers can work with organisations outside the UK in a broad range of ways. This could range from an organisation providing services such as training, support and shared learning, to an organisation providing services and clinical care, right up to taking over the management of a whole hospital. Many NHS organisations are not at the stage where they could, on their own, take over and run a whole hospital outside England yet for various reasons, the main ones being lack of resource, time, no capital to invest and concerns around protecting brand and reputation. However our experience means we can help at any stage.
Project structure We have experience of working with Trusts on new and innovative areas, and on creating contractual structures and arrangements to suit whatever is trying to be achieved. We work on public/private and public/public contractual arrangements of all kinds, and can help our public sector clients address the twin and often competing imperatives of delivering cost savings as well as income generation. Our work includes financing and building of
hospitals; large outsourcings, including clinical and near clinical services in the UK, Sub-Saharan Africa and the Gulf; and new and innovative partnering
CARLY CATON
Carly is Legal Director at the international law firm Pinsent Masons. She has worked in the healthcare sector for over 10 years and is currently leading Pinsent Masons’ initiative in exporting the NHS and
the globalisation of healthcare. She is advising several NHS organisations in relation to entering into contracts with international hospitals in places such as The Gulf, India and Sub-Saharan Africa, and is working on various international healthcare opportunities.
arrangements, including joint ventures, local asset backed vehicles (LABVs) and mutualisation. We have just been awarded the Istanbul Ikitelli
Health Campus PPP Project, our first healthcare PPP Project in Turkey, and have also worked on healthcare PPP projects in places such as Kuwait, Saudi, Dubai, Abu Dhabi, The Gambia and Uzbekistan. We have helped Trusts explore entering into
contractual arrangements with hospitals in Europe, India, the Gulf and Sub-Saharan Africa; and as the demand for better healthcare increases internationally we have the expertise to help players continue to develop opportunities in unfamiliar landscapes.
Further information
www.pinsentmasons.com
CASE STUDY: HORIZONS CLINIC, THE GAMBIA
Description of project: The client requires us to facilitate the development of a private hospital in The Gambia, the revenues from which will be used to fund the hospital’s charitable activities in maternal care. We co-ordinate and deliver all legal aspects of
the project, including corporate, project finance, procurement, operations and engineering, procurement and construction (EPC) in the context of the expectations of the international community and Gambian law and practice. The client requires us specifically to:
l Incorporate both UK and Gambian-based companies (including all ancillary documentation) to facilitate the raising of equity in UK, Gulf and Gambia l Produce all finance documents (including intercompany loan, common terms and facility agreements and security and agency documentation) l Produce consultancy agreements for both construction/EPC advisors and project managers l Produce both the EPC and the operating contracts (and the associated suite of documents), and assist with the operator and contractor selection. When choosing a law firm, the client required a firm
with international expertise, who would be aware of the country-specific issues which could arise in The Gambia. We have over 35 years’ experience of operating
internationally, and have built up a broad network of contacts with key legal practitioners, accountancy firms, government and public sector bodies, and specialist practices and organisations upon whom we can call to assist our clients in getting the job done. The client also requires advice on the best corporate
structure for the project, taking into account funding requirements, taxation and local laws. Our brief included negotiating with funders.
Knowledge of Shari’ah law and Islamic finance is key, as well as avoiding the need to liaise with one team on Islamic finance and another for facilities. Our global team has worked with a huge variety of
financing structures, acted for many of the multilaterals and export credit agencies (ECAs) and advised procuring entities on some of the world’s largest projects. Significant input on the EPC and operating processes,
including advice on appropriate risk allocation, interface between the two and drafting the respective contracts is necessary for the project. We were selected because of our previous health sector experience and our widely-acknowledged reputation for providing sound construction and projects advice. We are able to draw on our previous experience and gain valuable new experience through this project.
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Pinsent Masons
global-opportunity.co.uk
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