Public Procurement: Shaping New Legal Developments into Solution-Focused Answers for Your Clients

Programme

1. Chair's introduction

   Public Procurement Law 2023: Shaping new developments into solution-focused answers for your clients

   Chaired by Ciara Kennedy-Loest of Hogan Lovells

   Ciara defended Europol, the European Police Office, in two procurement challenges brought before the General Court. She is a Global Elite Thought Leader for Government Contracts.

2. Panel

   • Christopher Vajda KC

     Christopher was the UK judge at the European Court of Justice from 2012 until the UK's withdrawal from the EU in January 2020

   • Dr Totis Kotsonis, Head of Procurement at Pinsent Masons

     Totis is a Specialist Adviser to the European Commission on Procurement and Global Procurement Lawyer of the Year 2022

   Throughout the day, Christopher and Totis will provide practical solutions, address questions, and offer commentary on the talks.

3. Levelling the Playing Field

   How can you lawfully level the playing field and assess bids objectively when the incumbent has a favourable position, supported by the latest case law?

   Answered by Valentina Sloane KC

   Valentina is "a star performer - tough, tenacious, brilliant and compelling." She acted for The Royal Parks in a challenge to its decision to permit AEG to stage music concerts in Hyde Park.

4. Evaluators’ Flexibility

   In light of new cases, where is the latitude for evaluators to shift their initial views during moderation or in response to clarifications and presentations?

   Answered by Sarah Hannaford KC

   Sarah's skill in procurement law is "brilliant and unparalleled." "Her advice is razor-sharp." She represented HS2 in the procurement process for Old Oak station's design and construction.

5. James Waste Case

   How has the James Waste case changed existing thinking on the “gateways to modification” under Reg 72(1), and how do you advise your clients?

   Answered by Jonathan Davey of Addleshaw Goddard

   Jonathan is advising the Houses of Parliament on its major refurbishment project, co-edits the "Government Procurement Review" and is a “Government Contracts Lawyer of the Year.”

6. Siemens v HS2 Insights

   What are the implications of the Siemens v HS2 litigation on expert evidence, and how do you uncover effective confidentiality workarounds for clients?

   Answered by Fionnuala McCredie KC

   Fionnuala is "an absolute star" - "superb" - "her grasp of the law is phenomenal." She appeared in the hotly contested Siemens v HS2 and the Rail Franchising litigation.

7. Negotiation Angles

   How do you leverage opportunities surrounding negotiation with bidders to gain an advantage for clients under the Procurement Act and side-step the potential litigation angles?

   Answered by Nigel Giffin KC

   Nigel is "an all-round brilliant barrister: completely at the top of his game." He acted in the challenge over the creation of the Haringey Development Special Purchase Vehicle.

8. Social Value Opportunities

   How vulnerable are clients, and why, when (1) incorporating sustainability and social value objectives in tenders and (2) ensuring that bidders fulfil their commitments?

   Answered by Parishil Patel KC

   Parishil acted for NHS England in a challenge over the procurement of orthodontic services. “He is brilliant for procurement challenges - knowledgeable, persuasive and commercial.”

9. Subsidy Control Challenges

   How does procurement co-exist with Subsidy Control, where are the flash-points, and how can you tell whether a subsidy exists in grey area cases?

   Answered by Anneli Howard KC

   Anneli advised the Gambling Commission on the procurement and award of the National Lottery from 2024 and beyond. “She is a client’s dream counsel – a real class act.”

10. New Regime

    What is the state of play with the incoming procurement regime, and how should contracting authorities prepare?

    Answered by Edward Green OBE of the Cabinet Office

11. View from the Bench

    Judicial insights into procurement law and new practices under the Procurement Act

    Answered by The Hon. Mr Justice Waksman