Public Procurement 2026: Shaping New Law into Solution-Focused Answers for Your Clients

Programme

1. 09:00

   Registration and coffee

2. 09:30

   Chair's introduction

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

   Chaired by Ciara Kennedy-Loest, Hogan Lovells

   Ciara acted for Alstom in the £600 million Eurostar rolling-stock procurement challenge and successfully defended Europol and Fusion for Energy in procurement cases before the General Court.

3. Panel

   • Professor Albert Sanchez Graells

     Author of “Public Procurement and the EU Competition Rules” and a member of NHS England’s Procurement Panel.

   • Dr Totis Kotsonis

     A Global Procurement Lawyer of the Year and a Specialist Adviser to the European Commission.

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

4. 09:45

   Modification

   How has the National Lottery litigation changed existing thinking on how far you can push a modification before it becomes “substantial” — same old, same old, or important new thinking?

   Answered by Sarah Hannaford KC

   Sarah led for the Gambling Commission in The New Lottery Company v Gambling Commission [2026], where the court held that the challenged changes to the Enabling Agreement and Fourth National Lottery Licence were not substantial.

5. 10:30

   Morning Coffee

6. 10:50

   Duty to Clarify

   What counts and will sway the court over the “Duty to Clarify” following Optima v DWP [2025]? When does it arise, where are its limits, and how will it impact practice going forward?

   Answered by Azeem Suterwalla KC

   Azeem appeared for DWP in both the High Court and Court of Appeal in Optima v DWP, the leading case on the clarification of tender errors. Legal 500 describes him as the “go-to barrister for public procurement litigation”.

7. 11:30

   Exclusion

   How do you control the risks of excluding bidders, including meeting evidential thresholds and dealing with grounds that emerge only after final evaluation?

   Answered by Fionnuala McCredie KC

   Fionnuala acted in the Rail Franchising Litigation over challenges by Stagecoach, Virgin and Arriva to their disqualification from three competitions. She also appeared in CAF v HS2, concerning exclusion at the pre-qualification stage.

8. 12:10

   Frameworks

   At what point do neutral-vendor and single-supplier frameworks become “procurement by the back door” — and how can you safely support awards without further competition?

   Answered by Dr Steven Brunning, Addleshaw Goddard

   Steven is co-author of “The Marketisation of Framework Agreements in the UK: Practice, Regulation and Reform." He spent time as general counsel in an innovative defence contractor and completed a PhD in public procurement law.

9. 12:50

   Lunch

10. 14:15

    Buy British

    How far can you push “Buy British” using growth and social value criteria and national security considerations without breaching procurement law or the UK’s international trade obligations?

    Answered by Joanne Clement KC

    Joanne appeared in R (Cornwall Council) v Secretary of State for Housing, Communities and Local Government [2026], which addressed award criteria requiring subcontractors to be located in a particular geographic area.

11. 14:55

    Automatic Suspension

    Which way is the wind blowing on Automatic Suspension following Parkingeye [2026]— in favour of suppliers or contracting authorities — and will the new approach survive appeal?

    Answered by Joseph Barrett KC

    Joseph has acted successfully on both sides of automatic-suspension applications: maintaining the suspension in Bristol Missing Link v Bristol City Council and lifting it in Solent NHS Trust v Hampshire County Council.

12. 15:35

    Afternoon tea

13. 15:55

    Transparency

    Where are the limits of transparency obligations for award criteria and scoring indicators? How much can you hold back before your process invites a challenge?

    Answered by Anneli Howard KC

    Anneli acted in Trainline’s 2025 challenge to a £32 million rail-ticketing platform contract, concerning award-stage transparency and a competitor’s ability to challenge an undisclosed mid-term modification or extension.

14. 16:35

    Judicial Perspectives

    What will likely require clarification from the Courts under the Procurement Act at this stage?

    Answered by Lord Justice Coulson

    Lord Justice Coulson gave the lead judgment in Optima v DWP [2025] and is formerly Judge in Charge of the Technology and Construction Court.

15. 17:00

    Close of conference

16. 17:05

    Champagne Reception