Public Procurement Law: Shaping New Developments into Solution-Focused Answers for Your Clients
Solution-focused, Court-Proven, Answers to 8 Thorny Questions: Directly from Top-rated KCs, Judges and Solicitors
Live Attendance
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Highly recommended
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Available online
All talks are pre-recorded, to the standard of a TV broadcast service, so you can watch on-demand and online, whenever suits you best
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Information you won't find elsewhere
Our experts talk under Chatham House Rule, so you get the best, most readily usable information they wouldn't share elsewhere
Programme
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09:00
Registration and coffee
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09:30
Chair's introduction
Public Procurement Law: 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.
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Panel
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Christopher Vajda KC
The UK judge at the European Court of Justice from 2012 until the UK's withdrawal from the EU in January 2020
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Dr Totis Kotsonis
A Global Procurement Lawyer of the Year, a Client Choice Award winner for procurement and a Specialist Adviser to the European Commission.
Throughout the day, Christopher and Totis will provide practical solutions, address questions, and offer commentary on the talks.
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09:45
Framework Conditions
How far can you go in tightening or adding to participation conditions at the call-off stage under a framework, without breaching the framework’s original structure or legal principles?
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.
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10:25
Poor Performance
How do you build a case for excluding a supplier for poor performance? What level of poor performance would have to be demonstrated, and would it need to be relevant to the contract being procured?
Answered by Fionnuala McCredie KC
Fionnuala is "an absolute star" - "superb" - "her grasp of procurement law is phenomenal." She appeared in the hotly contested Siemens v HS2 and the Rail Franchising litigation.
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11:05
Morning Coffee
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11:25
Evaluator's Judgment
How much leeway do suppliers have to challenge an evaluator’s judgment in applying the assessment methodology to the award criteria?
Answered by Joseph Barrett KC
Joseph is the “go-to barrister - fearless and tactically superb.” “He instinctively knows the arguments that will work in court.“ He edits the “EU Procurement Law and State Aid Bulletin.”
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12:05
Refining Criteria
How do you design a process that uses different criteria or approaches at different stages, while staying compliant with both s20 (down-selection) and s24 (refinement)? What is the interplay between s.24 and s.31 in this context?
Answered by Kate Gough of Freshfields
Kate acted for EnergySolutions in its successful claim against the NDA over contracts to decommission twelve nuclear sites. “She is a stellar lawyer, communicator and presenter.”
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12:45
Lunch
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14:15
Automatic suspension
To what extent will the new s.102 test for the automatic suspension produce substantially different outcomes to those based on American Cyanamid? What will count and sway the court?
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.
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14:55
Have Regard
When can you use the “have regard to” section 12 objectives, or other problems with the process, for a procurement challenge or judicial review?
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.
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15:35
Afternoon tea
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15:55
Dynamic markets
Where are the legal and practical uncertainties around dynamic markets under PA23 - and to what extent are they vulnerable to challenge?
Answered by Ewan West KC
Ewan was instructed on claims involving urgent PPE procurements undertaken during the COVID-19 pandemic. “He is a recognised leader with encyclopaedic legal knowledge.”
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16:35
View from the Bench
Where is the certainty under the Procurement Act at this stage, and what will likely require clarification from the Courts?
Answered by The Rt. Hon. Lord Justice Coulson
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17:00
Close of conference
Live Attendance