Overview
Our team has been at the forefront in advising our public sector clients on the challenges and risks, and legacy issues, presented by the new regimes under the Subsidy Control Act 2022 and the new procurement regime under the Procurement Bill 2023. Our breadth and depth of experience in public law means our team is well placed to advise on the challenges and risks presented by these new regulatory regimes.
Our team advises economic operators, contracting authorities and third parties on all stages of procurement competitions, including non-contentious advice on the design of tenders and ITTs, the conduct of competitions and litigation arising out of challenges to contract award decisions, through to post-award contract variations and assignment.
significant procurement cases in the High Court, Court of Appeal and the European Court of Justice including:
Camelot v Gambling Commission [2023] EWHC 1961
Atos v Met Office
Wylde v. Waverley Borough Council [2017] J.P.L. 861 – on the test for standing to bring a judicial review claim alleging a breach of the Public Contracts Regulations 2015.
R (Faraday) v. West Berkshire Council [2016] 168 Con. L.R. 831 – on whether a conditional obligation to perform works in a development agreement is sufficient to be a “direct or indirect obligation” so as to bring the agreement within the scope of Directive 2014/24/EU and the Public Contracts Regulations 2015.
R (Gottlieb) v. Winchester City Council [2015] EWHC 231 (Admin) - on the principles applicable to whether variations to an existing public works contract require procurement.
R (Leyton Orient Football Club) v. London Legacy Development Corporation [2013] EWHC 3653 (Admin) – the procurement challenge to the London Legacy Development Corporation’s rejection of a bid from Leyton Orient for the use of the London 2012 Olympic Stadium.
Covanta v. Merseyside Waste Disposal Authority [2013] 151 Con. L.R. 146 – on interim relief in procurement challenges.
R (All About Rights Law Practice) v. Lord Chancellor [2013] EWHC 3461 – on the principle of equal treatment of bidders.
R (Hossacks) v. Legal Services Commission [2012] EWCA Civ 1203 – on public authorities’ powers to seek clarification or amendment of a tender and the principle of equal treatment in the context of the contracting authority’s approach to mistakes in bids.
R (Midlands Co-Operative Society Ltd.) v. Birmingham City Council [2012] B.L.G.R. 393 – on the applicability of the Public Contracts Regulations 2006 to development agreements.
JR Jones v. Legal Services Commission [2010] EWHC 3671 (Ch) – on improvements in bids and the circumstances in which a mistake can be corrected.
Specific areas of expertise include:
- NHS procurement and commissioning (pharmaceuticals, clinical and other services)
- Central government contracting, including loan schemes initiatives and the MoJ’s implementation of legal aid reform
- Construction projects for national infrastructure projects
- Development agreements for urban regeneration, including local authority estate regeneration programmes
- Transport projects
- PFI/PPP contracts and project financing
- Electricity Market Reform and the Contracts for Difference auctions
- Renewable energy solar schemes
- Local authority PFI/PPP contracts, including waste and renewable energy schemes.
