High Court victory secures multi-million-pound NHS contracts for Sharpsmart

Supporting Sharpsmart through a High Court procurement challenge

Over a 12-month period, 24 NHS Integrated Care Boards put five-year contracts for healthcare waste collection and disposal services in primary care settings out to tender.

The contracts were said to have a combined value in the region of £168 million, with an option to extend by up to a further four years – comprising what is believed to have been the largest ever clinical waste procurement in the UK.

Sharpsmart submitted bids for 17 contracts, of which they were awarded 13.

However, the contract awards were challenged by the incumbent service provider, which claimed the procurement process had been defective. The challenge led to the suspension of the awards under the Public Contracts Procurement Regulations 2015.

Safeguarding major NHS healthcare waste contracts awarded to our client

Led by Dispute Resolution Partner Michael Peacock, with support from Dispute Resolution specialists Lindi Smith and Matthew Ross, we worked alongside Rhodri Williams KC and Tom Walker of Keating Chambers to support Sharpsmart to challenge the suspension of the contracts.

A two-day hearing was held in London, where evidence and submissions from the incumbent provider, the Integrated Care Board, and Sharpsmart culminated in Mr Justice Waksman ordering the suspensions to be lifted.

High Court success clears the way for 13 NHS contracts

In a landmark victory, the 13 NHS contract awards were allowed to proceed – supporting Sharpsmart’s future growth strategy, and enabling the business to continue delivering sustainability, financial, and efficiency benefits across healthcare waste management services.

The judgment also supports the NHS in advancing its environmental and operational goals, while ensuring best value and innovation across ICB services.

Reflections from Sharpsmart:

Commenting on the High Court decision, Neil Robinson, who oversees Sharpsmart’s business in the UK, said:

“Sharpsmart today welcomed the Court’s decision to lift the suspension on the NHS contract award, allowing the partnership to proceed and deliver significant sustainability, financial and efficiency benefits for healthcare waste management across the 13 ICBs originally awarded to Sharpsmart.

“We would like to extend our sincere thanks to our legal team Knights for their advice, professionalism, and strategic guidance throughout this process. Their meticulous case management and selection of exceptional counsel were instrumental in achieving this outcome. This judgment represents a fair and positive step forward, one that supports the NHS in advancing its environmental and operational goals while ensuring best value and innovation across its ICB services.”

Reflections from Knights:

Reflecting on the result, Dispute Resolution Partner Michael Peacock shared:

“We’re delighted to help our client with this landmark procurement in which success was a vital part of its future strategy. I anticipate that this is going to be a real springboard for its future growth and we are excited to see how the business continues to develop and flourish.”

Key results, in review

• Secured a High Court decision lifting suspensions on NHS contract awards.
• Allowed Sharpsmart to proceed with 13 NHS Integrated Care Board contracts.
• Supported contracts said to have a combined value in the region of £168 million.
• Helped progress what is believed to be the UK’s largest ever clinical waste procurement.
• Supported Sharpsmart’s future growth strategy and NHS environmental and operational goals.