Registration and coffee
Public Procurement: Shaping the Rules into Solution-Focused Answers for Clients
Fri 16 November 2018
The Landmark Hotel 222 Marylebone Road London NW1 6JQ
Answers to 13 Thorny Questions: Directly from 12 QCs, Solicitors, Judges and Policy Makers
Public Procurement: shaping the rules into solution-focused answers for clients
Chaired by: Ciara Kennedy-Loest of Hogan Lovells
Ciara acted for ALSTOM in the Channel Tunnel rolling stock litigation. She is "pre-eminent"- "absolutely first class" - and a superb public speaker, as well as being a "Global Procurement Lawyer of the Year."
Mary Dunne, a Specialist Adviser to the EC on Procurement
Totis Kotsonis, a Specialist Adviser to the EC on Procurement
Christine O'Neill of Brodies, a Standing Junior to the Scottish Ministers
Mary, Totis and Christine will be taking questions and inspiring practical solutions throughout.
Drawing on recent and live cases, at what point does a minor contractual change become substantial?
Answered by: Sarah Hannaford QC
Sarah’s skill in procurement law is “brilliant and unparalleled." She defended the challenges from 100 law firms over contracts for legal aid work (one of the Lawyer magazine's most significant cases).
Manifest error and damages
What is manifest error in evaluation after EnergySolutions v NDA?
How do you advise on damages: common law vs Factortame (after EnergySolutions, WordPerfect and Fosen-Linjen)?
Answered by: Chris Jackson of Burges Salmon
Chris led the team advising NDA in the Supreme Court litigation. He is uniquely placed to give an accurate, first-hand insight to the issues. Other high-profile cases of his include the West Coast Mainline.
Transparency and limitations
How are transparency requirements changing after EnergySolutions v NDA?
What are the likely appeal issues?
Answered by: Valentina Sloane of Monckton Chambers
Valentina acted as lead counsel for the MoD in defeating a challenge to the award of a contract for aircraft. “She is one of the very top juniors for procurement at the bar: a truly great and impressive advocate."
Applying the lessons of Carillion, what can you do to readjust financial evaluation models so as to protect clients (at PQQ stage and point of award)?
Answered by: Jonathan Davey of Addleshaw Goddard
Jonathan advised the Danish government on the procurement of an undersea road and rail tunnel between Denmark and Germany. He is co-editor of "Government Procurement Review" and Founder of the PLA.
Peering into the fog
What are the four main considerations for procurement practitioners post-Brexit?
Answered by: David Gollancz of Keating Chambers
David established and led the Treasury Solicitor's Public Procurement Team. He brings a huge number of the most closely watched cases to the table. He "just doesn't stop until he's found you a solution or an argument".
When can you purposefully avoid the Public Contract Regulations because of Recital 5 of Directive 2014/24/EU?
Answered by: David Elvin QC
David is acting in the Faraday Development litigation on the structuring of agreements outside procurement rules. "He has an encyclopaedic knowledge of the law and makes excellent strategic calls."
When facing up to early disclosure and FOI, what are the unwritten conventions on which records to release and withhold at different tender stages?
Answered by: Fionnuala McCredie QC
Fionnuala acted in the Roche Diagnostics and Pearson Vue litigation on early disclosure in procurement cases. She is "incredibly impressive" - "held in the highest esteem" - and "a joy to work with."
Conflict of interest
How can authorities mitigate against actual, potential, unwitting or perceived conflicts of interest in the tender process?
Answered by: Michael Bowsher QC
Michael is "an undisputed star” - "the UK's most prominent procurement silk" – “unmatched in his knowledge". He acted for FP McCann in its challenge to a £100 million Northern Irish road contract award.
View from the bench
What is the direction of travel for procurement cases in the UK, including the procurement protocol for litigating cases in the TCC?
Answered by: The Hon. Mrs Justice Jefford
Close of conference