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Answers to 13 Thorny Questions: Directly from 11 QCs, Solicitors, Judges and Policy Makers
Registration and coffee
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."
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.
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.
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.
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.
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.
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.
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."
View from the bench
What is the direction of travel for procurement cases in the UK?
Answered by: The Rt. Hon. Lord Justice Coulson
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.
Close of conference
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500