Skip to main content
Share via Share via Share via Copy link

Promoting commercial thinking within the NHS

09 April 2026
Carly Caton

By embracing commercial thinking, NHS trusts and foundation trusts can generate sustainable income through commercial ventures, including subsidiaries, joint ventures, private patient services and international contracts, provided they navigate the applicable legal, regulatory and governance requirements.

In this challenging environment of rising financial pressures and growing demand, NHS bodies must look beyond traditional funding models to explore innovative commercial opportunities.

Successful ventures can generate sustainable revenue streams whilst maintaining their core mission of delivering high-quality patient care.

Navigating NHS commercial ventures: Comprehensive insights and practical guidance

This hub brings together our latest thinking on commercial opportunities within the NHS, covering the legal frameworks, structures, and practical considerations your trust needs to understand. 

Topics covered include:

  • Private patient units: Governance, charging, and compliance.
  • Wholly-owned subsidiaries: Formation, VAT, and employment considerations.
  • International healthcare partnerships: Contract structuring and risk management.
  • NHS collaboration arrangements: Provider collaboratives and joint ventures.

Unlocking commercial potential

From establishing wholly-owned subsidiaries to expanding private patient services, NHS trusts and foundation trusts have a range of options available to diversify their income and strengthen their financial position. 

However, navigating the complex regulatory landscape and ensuring compliance with NHS governance requirements demands specialist expertise and strategic thinking.

Strategic partnerships that combine public healthcare delivery and commercial enterprise present unique opportunities. 

Whether through joint ventures with private sector partners, international healthcare contracting or developing innovative service delivery models, NHS organisations can harness commercial thinking to:

  • Generate sustainable revenue streams that support reinvestment in patient services.
  • Leverage existing assets and expertise to create new income opportunities.
  • Build strategic partnerships that enhance service delivery and operational efficiency.
  • Access new markets both domestically and internationally.
  • Develop innovative care models that improve patient outcomes whilst creating commercial value.

Comprehensive insights and practical guidance

This hub brings together our latest thinking on commercial opportunities within the NHS, providing practical guidance on everything from establishing subsidiary companies to maximising revenue from private patient services. 

Whether you're exploring your first commercial venture or looking to expand existing activities, our insights will help you navigate the opportunities and challenges ahead.

Structured advisory support for NHS commercial activity

The articles in this hub reflect a consistent theme from our work with NHS trusts across England: in our experience, the ambition to generate commercial income is rarely the obstacle. The obstacles are structural: understanding the scope of the trust's statutory powers, how to prioritise competing opportunities within the constraints of the NHS Act 2006, and how to put the right governance and contractual frameworks in place to make activity sustainable.

Our commercial team works with NHS trusts at every stage of that journey, from the earliest strategic conversation through to the implementation of complex commercial arrangements. Drawing on that experience, we have developed three specialist advisory products for trusts that want structured, practical support:

  • NHS commercialisation accelerator: A commercial opportunity audit and board-ready action plan, covering your trust's powers and constraints under NHS legislation, a prioritised assessment of income-generating opportunities, and analysis of the structures best suited to your objectives.
  • NHS international partnerships accelerator: Legal, regulatory and commercial guidance for trusts considering global partnerships, covering partnership structures, risk assessment, governing law, and the full range of issues from IP protection to anti-bribery compliance.
  • Spin-out as a Service: An end-to-end pathway for NHS innovations with commercial potential, delivered in partnership with Blüm Health, taking ideas from concept through to investor-ready company.

Contact

Contact

Carly Caton

Partner

carly.caton@brownejacobson.com

+44 (0)330 045 2846

View profile
Can we help you? Contact Carly

You may be interested in...