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


  1. Registration and coffee

  2. Introduction

    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."

  3. Panellists

    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.

  4. Regulation 72

    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).

  5. 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.

  6. Morning coffee

  7. 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."

  8. Financial models

    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.

  9. 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".

  10. Lunch

  11. Recital 5

    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."

  12. Information requests

    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."

  13. Afternoon tea

  14. 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.

  15. 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

  16. Further Questions

  17. Close of conference