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Public Procurement

Drawing on his experience in EU law, Charles has substantial experience of advisory and contentious public procurement work. He is recommended as a leading junior in public procurement by Legal 500 UK (2017), which comments that he is very good at sorting the wheat from the chaff”. His clients in this field have included contracting authorities, contractors and potential challengers. He is a member of the Procurement Lawyers’ Association.

Much of his procurement work has been in the context of regeneration projects and development agreements. This has included the two leading cases on the circumstances in which such agreements trigger the need for procurement:  R (Midlands Co-Operative) v. Birmingham City Council [2012] Eu L.R. 640 (for the Council defending a challenge to a development agreement for a retail-led regeneration scheme in Stirchley) and R (Faraday Development Limited) v. West Berkshire Council [2016] Con. L.R. 131 (for the claimant in a challenge to a £125m development agreement relating to the regeneration of the London Road Industrial Estate in Newbury). He has advised on similar issues in the context of the proposed expansion of a world famous stadium, the relocation of a major sports club and retail-led regeneration proposals. He has also lectured and published extensively on this subject (see the ‘publications’ section above).

However, his practice also includes procurement issues more broadly. His experience includes:

  • R (Wylde) v. Waverley Borough Council [2017] EWHC 466 (Admin) – on the extent to which persons other than ‘economic operators’ as defined in the Public Contracts Regulations have standing to bring judicial review alleging that a contracting authority has breached the Regulations.

  • Advising the Skills Funding Agency on procurement issues relating to services contracts awarded by it to skills training organisations.

  • A dispute (ultimately settled) relating to the applicability of the Public Contracts Regulations to the Government’s Start-Up Loans scheme set up to boost youth enterprise.

  • Advising a housing association on procurement of housing stock from developers with planning permission for affordable housing.