Legal Insights from Capsticks
By Capsticks
Capsticks is a leading UK law firm providing specialist legal advice to the health, housing, regulatory and social care sectors; acting on some of the most ground-breaking, high-value and politically sensitive cases from our offices in Birmingham, Chorley, Leeds, London and Winchester.
Legal Insights from CapsticksMar 31, 2023
Security Charging Podcast Episode 6: Pre-charging and rolling charging: which approach is best for you?
Listen on demand to episode 6 of Capsticks' Security Charging podcast series in which our expert legal team give Registered Providers practical guidance on the charging process.
In this episode, Susie Rogers, Sarah Darvell and Lucy Bradbury discuss:
- what pre-charging and rolling charging involve;
- what their respective benefits are; and
- how to decide which approach to take.
Security Charging Podcast Episode 5: The Value of Collaboration (with guest speaker Yogeta Partridge)
Listen on demand to episode 5 of Capsticks' Security Charging podcast series in which our expert legal team give Registered Providers practical guidance on the charging process.
In this episode, Susie Rogers and Sarah Darvell are joined by guest speaker Yogeta Partridge of Rydeo Consulting to discuss:
- why collaboration between land, development and treasury teams is vital to help the sector meet its goals; and
- why collaboration is just as important within individual law firms working in the sector.
Security Charging Podcast Episode 4: Practical Guidance for Registered Providers
Listen on demand to episode 4 of Capsticks' Security Charging podcast series in which our expert legal team give Registered Providers practical guidance on the charging process.
In this episode, Susie Rogers, Sarah Darvell and Lucy Bradbury go back to basics, and discuss:
- where RPs should start when putting properties in to charge;
- how long the process takes (and how to speed that process up); and
- what we do as lawyers, and what the RP needs to do themselves
EMPOWERcast | Episode 3 | The HCSA Women's Network Podcast
In episode 3, Mary is joined by Rachael Ellis, Scan4Safety Programme Director at Hull University Teaching Hospitals NHS Foundation Trust. As well as sharing aspects of her current role, Rachael describes how she has overcome barriers in order to pursue her career ambitions.
We hear how Rachael has drawn upon positive and negative experiences to shape and influence those around her, particularly when it comes to behaviours, finding allyship and inspiring others to be ambitious.
Passionate about the written word, Rachael provides listeners with a unique take on 'empowerment’ and what it means to her.
The Empowercast features honest conversations and the sharing of experiences, and we hope you enjoy and benefit from the words of wisdom shared in this episode.
EMPOWERcast | Episode 2 | The HCSA Woman's Network Podcast
EMPOWERcast - refreshingly honest conversations with women in healthcare procurement and supply chain
The HCSA Women’s Network Podcast series hosted by Capsticks
Welcome to the HCSA Women’s Network Podcast series with Mary Mundy, Deputy Head of Healthcare at Capsticks, proud sponsors of the HCSA Women's Network.
Bringing women together from NHS Procurement, Supply Chain and other sectors to share experiences from personal and professional viewpoints, the EMPOWERcast series aims to uplift, educate, and inspire.
Each episode will focus on a topic where honest conversations really do make a difference to everyone – breaking down barriers, improving awareness and encouraging positive change.
Mary will be joined by some remarkable guests throughout the series, so please join us, tune in and feel empowered!
If you are interesting in joining the HCSA Women’s Network, please visit the HCSA Website.
In this episode, Mary invites Andrea Smith, ICS Procurement Director at Sheffield Teaching Hospitals NHS Foundation Trust and Pia Larsen, Chief Procurement Officer at Guys and St Thomas’ NHS Foundation Trust to talk about the many different aspects of their roles.
Together they will share personal insights of how they deal with change and the importance of prioritising wellbeing. Andrea and Pia will discuss professional and personal achievements and the role of the HCSA Women’s Network in supporting them.
The Empowercast features honest conversations and the sharing of experiences, and we hope you enjoy and benefit from the words of wisdom shared in this episode.
How Capsticks can help
Capsticks act for a number of public sector clients. Our specialist healthcare lawyers support the NHS and the healthcare sector with many unique challenges and opportunities across all aspects of procurement.
If you have any queries around what is discussed in this podcast, and the impact on your organisation, please speak to Mary Mundy to find out more about how Capsticks can help.
Procurement Act 2023: Getting to grips with the key gamechangers
Welcome to our latest podcast on the Procurement Act 2023. In this brief update, Mary Mundy and Katrina Day select the top game changers within the new procurement legislation, providing a clear and useful guide to help you prepare for the essential obligations and significant changes.
This podcast will be of interest to all procurement professionals working across the public sector and anyone procuring for, or delivering public contracts.
The discussion will include:
- Top 6 game changers you should be aware of
- The impact of those changes
- Practical tips about preparing for the new legislation
- How we can help
Estates Essentials: NHS Projects Podcast
Welcome to our NHS Projects Podcast which is part of our Estates Essentials series. Each episode will include a deep-dive discussion into NHS infrastructure projects, providing you with all the latest updates and insights to help you stay ahead of key developments.
In episode one, join Matthew Hunter and Lee Clarke as they reflect upon progress of the New Hospital Programme, including the delivery of successful and ongoing projects, availability of capital funding and potential challenges in unsettled conditions.
The discussion will include:
- Current state of play with the New Hospital Programme
- Availability of funding and models being applied
- Challenges and future developments
- Insolvency of contractors
This podcast will be of interest to anyone who is in involved in the delivery, planning or financing of NHS infrastructure projects.
How will the NHS Provider Selection Regime (PSR) shape the future of healthcare procurement?
Welcome to our latest podcast where our legal team discuss the recently published draft regulations for the NHS Provider Selection Regime (PSR), which comes into force on 1st January 2024.
Join Mary Mundy and Peter Edwards as they outline the key changes within the PSR and how this will shape the future of health services being procured and awarded.
This podcast will be of interest to anyone who provides health care services and those involved in awarding contracts for health care services in the NHS and Local Authorities.
The discussion will include:
- The key changes that the Provider Selection Regime will bring;
- How the Provider Selection Regime will shape the way in which health services are procured and awarded; and
- How to plan ahead for 2024.
- How we can help
Looking for something in particular? Skip ahead
1:06: Intro and when PSR comes into force, what and who it applies to
3:20: When the provider Selection Regime will kick in and apply depending on when the award process has started
5:45: Procurement Principles
6:30: What we see as the game changers
7:03:Overview of the direct award processes
9:02: Considerable change threshold to be applied to work out whether a relevant authority could use Direct Award Process C
10:03: Most Suitable Provider Process and Competitive Process
10:43: Notice requirements (for contract award and notice of intention to award)
12:02: What can happen during standstill
13:21: What information has to be recorded by a relevant authority and that aggrieved providers might ask for
15:31: Representations process during standstill
17:15: Notice requirements for Most Suitable Provider Process
18:49: Notice requirements for competitive process
20:40: Our views on the processes and aspects of the regime that should be noted
22:17: Details of the Independent Review Panel
24:00: Details on Conflicts of interest
27:04: Annual summaries to be published and monitoring requirements
28:36: How can people plan for the PSR?
EMPOWERcast - the HCSA Women's Network podcast series
EMPOWERcast – the HCSA Women’s Network Podcast series hosted by Capsticks
Refreshingly honest conversations with women in healthcare procurement and supply chain – removing barriers.
Welcome to the HCSA Women’s Network Podcast series with Mary Mundy, Deputy Head of Healthcare at Capsticks – sponsors of the HCSA Women’s Network.
Bringing women together from NHS Procurement, Supply Chain and other sectors to share experiences from personal and professional viewpoints, the EMPOWERcast series aims to uplift, educate, and inspire.
Each episode will focus on a topic where honest conversations really do make a difference to everyone – breaking down barriers, improving awareness and encouraging positive change.
Mary will be joined by some remarkable guests throughout the series, so please join us, tune in and feel empowered!
If you are interesting in joining the HCSA Women’s Network, please visit the HCSA Website.
Renters (Reform) Bill Podcast - The key proposals and changes
Welcome to our latest podcast where our real estate legal team discuss the key proposals in relation to the Renters (Reform) Bill and how these changes could have a significant impact on NHS staff accommodation.
The changes are yet to be introduced, but in this podcast we will cover:
- The key proposals and changes
- Potential impact for NHS organisations who provide staff accommodation
- What NHS organisations should do at this stage
- What happens next – and how we can help
Security Charging Podcast Episode 3: Pain Free Charging
In episode 3 of our security charging podcast series, our Capsticks experts talk about how to make your charging project pain-free. With a focus on what you can be doing in advance to avoid valuation reductions and/or delays once funders are involved, we consider:
- The pros and cons of pre-charging projects
- How to avoid duplication of costs
- What to do if there is a sudden and expected need for security, and no preparatory work has been done
Security Charging Podcast Episode 2: Planning Issues For Security Charging
Episode 2 of the Capsticks’ security charging podcast series looks at planning issues in greater depth. Capsticks’ Head of Planning, Suzanne Smith, chats with Susie Rogers about:
- what planning documents are relevant and why
- the implications of any restrictions in those documents
- hints and tips to achieve the best valuations
Security Charging Podcast Episode 1: Maximising Values When Charging Stock
Welcome to episode 1 of Capsticks' latest podcast series in which our expert legal team provide you with guidance and suggestions on security charging - focusing on maximising values whilst making the process as quick and easy as possible.
Whilst exploring some common themes and considering both the legal and practical implications, Susie Rogers, Suzanne Smith and Lucy Bradbury will discuss:
- How to maximise values
- Planning considerations
- Ensuring pain-free security charging
Covid-19 Inquiry Podcast – Key takeaways from the Module 3 preliminary hearing
Welcome to Capsticks' latest podcast, where our legal team provide first response perspectives of the preliminary hearing for Module 3 of the Covid Inquiry which took place on 28th February 2023.
Exploring the facts and findings, along with observations about the legal and practical considerations for the healthcare sector, Francis Lyons and Hugh Giles will discuss:
- Summary points from the preliminary hearing
- Predictions for the focus and scope of the full hearing
- Essential preparation if you are core participant or called as a witness
- What happens next – and how we can help
Procurement Bill podcast: Episode 6 - Who and what?
Welcome to Capsticks’ new Procurement Bill podcast. These podcasts are to help procurement teams in contracting authorities and bidders to navigate the expected changes under the Procurement Bill, providing practical tips on the implications of the changes. The podcasts relate to the first draft of the Procurement Bill and we know the final version of the procurement legislation may be different – we will provide updates.
With each episode, we will share a useful recap to highlight the key points. You can find this document for the sixth episode here.
This episode is delivered by Mary Mundy (partner) and Katrina Day (legal director) who specialise in public procurement; discussing the "who" and the "what" under the procurement bill and looking at the definitions of contracting authorities and public contracts.
Procurement Bill podcast: Episode 5 – Challenges and remedies
Welcome to Capsticks’ new Procurement Bill podcast. These podcasts are to help procurement teams in contracting authorities and bidders to navigate the expected changes under the Procurement Bill, providing practical tips on the implications of the changes. The podcasts relate to the first draft of the Procurement Bill and we know the final version of the procurement legislation may be different – we will provide updates.
With each episode, we will share a useful recap to highlight the key points. You can find this document for the fifth episode here.
This episode is delivered by Mary Mundy (partner) and Dylan Young (partner) who specialise in public procurement; summarising the new rules which will apply to challenges from bidders as well as remedies, investigations and automatic suspensions.
Procurement Bill podcast: Episode 4 - Direct award
Welcome to Capsticks’ new Procurement Bill podcast. These podcasts are to help procurement teams in contracting authorities and bidders to navigate the expected changes under the Procurement Bill, providing practical tips on the implications of the changes. The podcasts relate to the first draft of the Procurement Bill and we know the final version of the procurement legislation may be different – we will provide updates.
This episode is delivered by Katrina Day (legal director) and Anjli Vyas (principal associate) who specialise in public procurement; explaining how to make direct awards under the new legislation.
Procurement Bill podcast: Episode 3 – Frameworks and dynamic markets
Welcome to Capsticks’ new Procurement Bill podcast. These podcasts are to help procurement teams in contracting authorities and bidders to navigate the expected changes under the Procurement Bill, providing practical tips on the implications of the changes. The podcasts relate to the first draft of the Procurement Bill and we know the final version of the procurement legislation may be different – we will provide updates.
With each episode, we will share a useful recap to highlight the key points. You can find this document for the third episode here.
This podcast is delivered by Katrina Day (legal director) and Jennifer Galligan (associate) who specialise in public procurement; summarising how the Procurement Bill will change the structure of frameworks and dynamic markets.
Procurement Bill podcast: Episode 2 - Modifications
Welcome to Capsticks’ new Procurement Bill podcast. These podcasts are to help procurement teams in contracting authorities and bidders to navigate the expected changes under the Procurement Bill, providing practical tips on the implications of the changes. The podcasts relate to the first draft of the Procurement Bill and we know the final version of the procurement legislation may be different – we will provide updates.
With each episode, we will share a useful recap to highlight the key points. You can find this document for the second episode here.
This podcast is delivered by Mary Mundy (partner) and Katrina Day (legal director) who specialise in public procurement; explaining how the Procurement Bill permits changes to live procurement processes and to contracts that have been entered into.
Procurement Bill podcast: Episode 1 – Procedures and notices
Welcome to Capsticks’ new Procurement Bill podcast. These podcasts are to help procurement teams in contracting authorities and bidders to navigate the expected changes under the Procurement Bill, providing practical tips on the implications of the changes. The podcasts relate to the first draft of the Procurement Bill and we know the final version of the procurement legislation may be different – we will provide updates.
With each episode, we will share a useful recap to highlight the key points. You can find this document for the first episode here.
This podcast is delivered by Mary Mundy (partner) and Katrina Day (legal director) who specialise in public procurement; covering the proposed new procurement procedures and transparency requirements in relation to the new notices that may have to be published.
More information about procurement at Capsticks is available here: www.capsticks.com/our-expertise/procurement
Public procurement “how to” series: Episode 4 – Evaluation and moderation
This is the fourth podcast in Capsticks’ public procurement “how-to” series. These podcasts provide practical tips for different stages of the procurement lifecycle to help procurement teams in contracting authorities manage procurement processes and mitigate potential risks.
With each podcast, we will share a useful recap that will highlight our top tips. You can find the document for the fourth episode here: www.capsticks.com/assets/E4-EM.pdf
This podcast is delivered by Mary Mundy (partner) and Katrina Day (legal director) who specialise in public procurement. In this episode they discuss evaluation and moderation in procurement processes, including why it is important that evaluators understand their obligations, the information that evaluators need to record and what sort of information might be disclosable in a procurement challenge in the context of evaluation documents.
More information about procurement at Capsticks is available here: www.capsticks.com/our-expertise/procurement
Public procurement “how to” series: Episode 3 – The selection stage
This is the third podcast in Capsticks’ Public procurement “how-to” series. These podcasts provide practical tips for different stages of the procurement lifecycle to help procurement teams in contracting authorities manage procurement processes and mitigate potential risks.
With each podcast, we will share a useful recap that will highlight our top tips. You can find the document for the third episode here: www.capsticks.com/assets/E3-SS.pdf
This podcast is delivered by Mary Mundy (partner) and Katrina Day (legal director) who specialise in public procurement. In this episode they discuss the selection stage of the procurement procedure, including the purpose of selection questions, the importance of finance tests and the need for staff training and robust record keeping at this stage.
More information about procurement at Capsticks is available here: www.capsticks.com/our-expertise/procurement
Public procurement “how to” series: Episode 2 – Preparing to launch the procurement
This is the second podcast in Capsticks’ Public procurement “how-to” series. These podcasts provide practical tips for the different stages of the procurement lifecycle to help procurement teams in contracting authorities manage procurement processes and mitigate potential risks.
With each podcast, we will share a useful recap that will highlight our top tips. You can find this document for the second episode here: www.capsticks.com/assets/E2-PLP.pdf
This podcast is delivered by Mary Mundy (partner) and Katrina Day (legal director) who specialise in public procurement. The podcast covers what contracting authorities need to know, the documents required and key tips for valuing the contract, and future proofing the procurement/contract.
More information about procurement at Capsticks is available here: www.capsticks.com/our-expertise/procurement
Public procurement “how to” series: Episode 1 – Pre-procurement market engagement
This podcast is the first podcast in Capsticks’ Public procurement “how-to” series. These podcasts provide practical tips for different stages of the procurement lifecycle to help procurement teams in contracting authorities manage procurement processes and mitigate potential risks.
With each podcast, we will share a useful recap that will highlight our top tips. You can find this document for the first episode here: www.capsticks.com/assets/E1-PPME.pdf
This podcast is delivered by Mary Mundy (partner) and Katrina Day (legal director) who specialise in public procurement; starting at the beginning of the procurement lifecycle and covering pre-procurement market engagement, often known as “soft market testing”.
More information about procurement at Capsticks is available here: www.capsticks.com/our-expertise/procurement