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Public Procurement: Shaping the Rules into Solution-Focused Answers for Clients

  • Friday, 15th November 2019
  • The Landmark 222 Marylebone Road London NW1 6JQ
  • 5 hrs 30 mins CPD

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Answers to 13 Thorny Questions: Directly from 11 QCs, Solicitors, Judges and Policy Makers

  1. Registration and coffee

  2. Chair's 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

    • Professor Dr. Dr. h.c. Carl Baudenbacher, Monckton Chambers, Former President of the EFTA Court
    • Dr. Totis Kotsonis, Specialist Adviser to the EC on Procurement

    Prof. Baudenbacher and Totis will be taking questions and inspiring practical solutions throughout.

  4. Transparency

    Is there a shift towards full disclosure from the outset, following the Serco v SS for Defence?

    How do you advise clients about possible breaches of confidence or prejudicing retenders?

    Answered by: Fionnuala McCredie QC

    Fionnuala is "held in high esteem for her busy procurement practice; those who know her will not even consider using anyone else." She acted in the challenge over the new emergency services communication system.

  5. Reg. 33

    What are the practical ramifications for client advice of the ECJ's decision in Autorità Garante della Concorrenza e del Mercato, in terms of Reg. 33, setting up a framework and consent?

    Answered by: Valentina Sloane QC

    Valentina is “extraordinarily bright,” “incredibly compelling” and “a formidable opponent.” She appeared in Flogas v Minister for the Cabinet Office over the appointment of Calor to a national framework for the provision of fuel.

  6. Morning coffee

  7. Abandoning procurements

    Weighing up the different legal and practical options, how can clients control - and overcome - the risks of abandoning a procurement following the Amey judgment?

    Answered by: Sarah Hannaford QC

    Sarah’s skill in procurement law is “brilliant and unparalleled." "Her advice is razor-sharp." She acted for HS2 in a challenge to its rolling stock procurement and in NATS v Gatwick Airport over the tender of air traffic control services.

  8. Conflict of interest

    What are the unresolved arguments - legal and practical - over conflict of interest in the tender process following the spate of recent cases?

    Where are clients at risk?

    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", a Founder of the PLA and a Government Contracts Lawyer of the Year.

  9. Lunch

  10. Faraday judgment

    How has the Faraday judgment moved the law and market practice concerning (1) VEAT notices and (2) the drafting of development agreements?

    Where are clients open to challenge?

    Answered by: Nigel Giffin QC

    Nigel is "a leading light, incredibly astute: a real star completely at the top of his game." He acted in the challenge to the creation of the Haringey Development Vehicle for the purposes of a large redevelopment project.

  11. Abnormally low tenders

    How have the STRABAG and Clestra Hauserman cases (June 2019) changed existing thinking on clients' obligations to investigate abnormally low tenders?

    What is the correct approach?

    Answered by: Fergus Randolph QC

    Fergus acted in the AEW Europe claim for a declaration of ineffectiveness over a £multi-million redevelopment in Basingstoke. "He is astonishingly intelligent and articulate; extremely clear with superb advocacy skills."

  12. Afternoon tea

  13. View from the bench

    What is the direction of travel for procurement cases in the UK?

    Answered by: The Rt. Hon. Lord Justice Coulson

  14. Contract extension

    Cutting through all the conflicting opinions, when does an extension to the term of a contract (due to expire) constitute a permissible “modification” within the meaning of Regulation 72?

    Answered by: Michael Bowsher QC

    Michael is "an undisputed star” - "the UK's most prominent procurement silk" – “unmatched in his knowledge." He acted for Bechtel in a hotly contested challenge over the decommissioning of the Magnox nuclear reactors.

  15. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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