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Nadeem Arshad

Partner

I advise both the public and private sectors on projects for the delivery of public services and infrastructure in the UK. I have advised in sectors such as large corporations and SMEs, education, social care, leisure, waste, and energy and renewables.

I specialise in the commercial contracts for complex services arrangements and infrastructure projects using project finance, PPP and PFI/PF2 models. This includes various funding streams such as bank debt, corporate finance, equity, prudential borrowing and other forms of public sector funding. In an era where conventional bank debt is no longer the default financing solution, I use my experience of different contractual models to help deliver innovative funding solutions for my clients.

In recent years, I have focussed on the waste, energy and renewables sectors for both private and public clients. In addition to the commercial contracts for funding, EPC and O&M arrangements, I advise on EU procurement, planning and environmental issues.

In relation to waste, I advise on infrastructure for both merchant plants and PPP procurements across a range of technology sectors. My clients include Viridor Waste Management, Veolia Environmental Services and a number of local authorities across the UK. Examples include Merchant EfW plants in Oxfordshire and Cardiff, as well as an extensive number of PFI/PPP projects in England, Wales and Northern Ireland.

I also advise on a range of other waste services delivery and environmental matters. This includes waste collection, street cleansing and recycling contracts, as well as advice on planning/consenting issues. Examples include waste services procurements in Cheshire and Bridgend and planning appeals/statutory reviews for waste infrastructure.

My energy experience covers energy generation, decentralised energy networks and energy efficiency projects. I have been involved with on shore gas and coal mine methane CHP projects in Nottinghamshire and Yorkshire. I am advising on district heating/heat networks and CHP schemes in London, Plymouth and Cardiff. I advise on Green Deal and various projects for local authorities and NHS Trusts which deliver energy cost savings and improve the energy efficiency of public sector infrastructure.

In terms of renewable energy, I advise on wind, solar, marine, biomass and geothermal projects. Examples include, on shore wind projects in Yorkshire and Avonmouth, solar/PV deals for NHS Trusts, a wave hub project for a regional development agency and biomass plants for private sector developers.

Publications:

I am a contributor to journals in the waste and renewables sector including Materials Recycling World.

Seminars and Training:

My work involves regularly speaking at conferences and seminars, including a recent talk for the Environmental Services Association.  I also plan and run in-house training for external and internal clients.

Career Highlights:

  • I led a team on advising Viridor Waste Management on a major PPP contract with a partnership of five local authorities in South Wales. The project involves the development of £220 million worth of energy from waste plants with the potential creation of a district heating network in Cardiff.
  • Our market leading Green Energy Team advised the developer, Balcas Limited on an innovative RHI based biomass project for a distillery in Inverness, Scotland. We are currently advising the developer on a number of similar biomass/heat projects across the UK.

James Atkins

Partner

I am a Partner in the property team specialising in the healthcare sector.

I have considerable experience acting on estates matters for:

  • NHS Trusts and Foundation Trusts;
  • commissioners of NHS services, including CCGs and NHS England;
  • private and voluntary sector providers of healthcare services; and
  • national bodies such as the Department of Health, Community Health Partnerships and NHS Property Services Limited.

I offer pragmatic, commercial and cost effective advice to my clients and recognise the importance of delivering projects on time and within budget. I am recognised as a recommended individual in the Legal 500 2016 in the Health Sector.

My particular career highlights include:                                                      

  • providing extensive strategic advice to NHS England on the statutory framework governing investment in primary care premises;
  • advising on all aspects of the use and occupation of NHS LIFT premises; and
  • advising on numerous high value disposals of surplus NHS land to unlock capital receipts for my clients

I have a very detailed knowledge of the health sector and its current challenges. I advised extensively on the abolition of Primary Care Trusts and I have been involved in estates related work on the development of New Models of Care and on devolution projects. 

Publications

I have contributed a number of articles on aspects of the funding of primary care premises to GP Newspaper and other publications. In addition, I have contributed on several occasions to Property Law Journal and Landlord and Tenant Review, including, in particular, on the subject of the rights of undocumented occupiers.

Judith Barnes

Partner

I am an experienced public sector lawyer and manager. I provide strategic advice and consultancy support for local authorities and other public sector bodies. I also give expert legal advice and assistance, usually directed at the highest levels of organisations.  My work often requires political awareness and sensitivity.

I am a team player and worked in-house for over 15 years before joining the private sector.  My last role in local government was as Borough Secretary and Solicitor for Greenwich Council managing a team of 150 staff across a dozen functions, including; contracts standards and monitoring, equalities, community safety and emergency planning, democratic services, elections and legal. Before that I was Head of Legal Services for Lewisham Council and prior to that was Assistant Head of Legal and Principal Economic Development Solicitor for Kirklees Council where I was involved in many new and innovative projects, including; Kirklees Stadium, Kirklees Henry Boot Partnership, Kirklees Community Association and Kirklees Theatre.

I regularly advise on public sector vires and governance including advice on decision-making and constitutional issues; conduct and ethics; option appraisals and structuring (both public-public/shared services and public-private sector partnerships); major projects and regeneration schemes, including asset vehicles; PPPs; setting up and managing companies, charities and social enterprises; income generation; judicial review and minimising challenge.

My team and I strive to provide seamless additional support to in-house legal departments.

Publications

I have contributed articles to Health & Social Care for Local Government Lawyer, EM LawShare, SOLACE and the Municipal Journal.

Seminars and Training

I recently ran a conference entitled The Shape of Local Government Governance and spoke at the Westminster Forum on Health & Social Care.

 

 

Michael Boyd

Partner

I am a partner in the commercial healthcare sector. Since spending time on secondment with the Department of Health early on in my career, I have specialised in advising both the NHS, organisations that do business with the NHS and care providers about commercial and regulatory issues.

My experience includes advising on significant capital projects, outsourcings, complex procurements, joint ventures and the effective management operational PFI projects. I am also advising on the transactions which are arising out of the need to change the way health and care is provided as well as the policy of delivering integration between the NHS and local government, including devolution. I have an interest in helping to develop the role that housing can play in delivering greater efficiency across the sector.

My clients include the Department of Health, NHS Foundation Trusts, Commissioners, local authorities as well as independent sector health and social care organisations.

Publications

I have contributed a number of articles for various publications, including:

  • "Sustainability and Transformation Plans" – published in several Local Government journals
  • "Integration between the NHS and Local Government" – published in the Health Services Journal
  • "FT status" – published in the Health Services Journal

Market commentators know [Michael Boyd] to be "really good on PFI."

Chambers 2018 ,

Seminars and Training

I regularly speak at conferences and conduct many in-house training sessions for clients on subjects including:

  • "The Role of Housing in Health": Chartered Institute of Housing National Conference
  • "Accountable Care Organisations"
  • "Effective Management of PFI Contracts"
  • "Sustainability and Transformation Plans"

Career highlights

  • Leading the team which completed the procurement phase of the £750m Birmingham New Hospitals project

Nathan Bradberry

Partner

I am a partner in our Commercial and Infrastructure department and Head of our Infrastructure Practice.

I provide legal and commercial advice on all aspects of projects (construction / EPC through to service delivery, operation and maintenance) in the energy, waste, renewables, rail, road, water, nuclear (civil engineering), tunnelling infrastructure, education, leisure, health and housing sectors.

I regularly present at seminars and workshops on these work areas including topics such as business case development / strategic objectives, involvement of key stakeholders, legal risks and pitfalls, project structuring and legal models.

Summary of Experience:

ENERGY / DISTRICT ENERGY

  • Acting for energy generators, developers, lenders, energy off takers and technology providers including renewables such as biomass, solar and wind
  • Acting on district energy, heat and cooling networks and energy efficiency projects across the UK
  • Advising on the creation of municipal energy supply companies

CONSTRUCTION AND CIVIL ENGINEERING

  • Over 12 years' experience negotiating, drafting and advising on bespoke and standard form construction and engineering contracts (including WIDIP, SOPC4 (PFI/PPP), NEC, IChemE Red Book, FIDIC, MF/1, ICE/ICC, JCT)
  • Acting in development and regeneration projects on behalf of Developers, Contractors, major Sub-Contractor packages, Local Authorities, Commercial Tenants and Funders/Investors
  • 1 year secondment at Costain (one of the UK's leading, tier one engineering contractor with an annual turnover in excess of 1 billion) advising on numerous major infrastructure developments including Hinkley Point C, Thames Tideway Tunnels, AMP6 Water Schemes, Swansea Tidal Lagoon, London Bridge Redevelopment, Cross-Rail and a number of significant Highways

WASTE AND RESOURCE MANAGEMENT

  • Acting for Local Authorities, contractors, equity funders, feedstock suppliers and technology contractors in PFI, PPP and merchant Energy from Waste (EfW), Energy Recovery Facilities (ERF), Advance Thermal Technology (ATT), Anaerobic Digestion (AD), Mechanical Biological Treatment (MBT) and Material Recycling Facilities (MRF)
  • Advising on waste services delivery and environmental matters including waste collection, haulage, street cleansing and recycling contracts

Neil Brand

Partner

I am a partner in the Housing Management Department, which falls within the firm's housing and property dispute resolution team.

My clients include landlords (specifically social landlords/housing associations) and local authorities and my work comprises a mix of advising on contentious landlord and tenant matters across all forms of tenure, including secure and assured tenancies and leases, and conducting litigation, involving issues such as on matters such as disrepair, possession, subletting and nuisance from the first stages through to completion. I also have a great deal of experience in drafting tenancy agreements, leases, notices and other contractual and statutory documents within the ambit of landlord and tenant law.

I have worked closely with many social landlords and local authorities for nearly 20 years and, as such, I have an in-depth knowledge and understanding of the pressures and concerns facing landlords in increasingly competitive and difficult times. I put this knowledge to good use on behalf of my clients, working collaboratively with them to ensure effective management of their housing stock and ensuring compliance with regulatory guidelines.

 

Seminars and Training

I have over 15 years' experience of delivering training to clients on landlord and tenant-related issues, both in-house and externally. I have spoken at events organised by the CIH and by the Housing Quality Network, and have given bespoke training to clients at their offices and at larger venues.

 

Career Highlights

  • Ward –v- 1066 Housing Association – I acted for 1066 HA in this case regarding the requirements for the making of a possession order where alternative accommodation had been made to the tenant by 1066.
  • (1) Hyams (2) Anderson –v- Wilfrid East London Housing Co-Operative– I acted for the Housing Co-Operative in this important case regarding the construction of leases and liability for service charges upon the exercise of the Right to Buy.

 

Publications

I have written several articles including:

 

Vincent Buscemi

Partner

I am a highly experienced health and social care lawyer who advises independent and public sector organisations on a diverse range of commercial, corporate and regulatory matters, as well as a diverse range of issues relating to powers, decision making and governance arrangements.

I have extensive experience of advising organisations on a wide variety of commercial and transactional issues, including: the development of services; policies and procedures; the establishment of corporate vehicles and contractual structures; mergers, acquisitions, disposals, reconfigurations, reorganisations and service transfers; public engagement and consultation; outsourcing and insourcing; pharmacy law; the legal, regulatory and commercial contract issues in primary care; and the constitutional, governance and regulatory issues facing NHS trusts, foundation trusts and clinical commissioning groups.

 

 

I regularly advise on and contribute to the development of business cases, options appraisals and evaluations, and other associated investment and business strategies.

 

I lead Bevan Brittan’s work in supporting organisations to deliver new models of care and accountable care systems/organisations and the development of sustainability and transformation partnerships.

 

I am recommended by Legal 500 and ranked in Chambers and Partners.

 

Publications

 

I have written a number of articles for the Health Service Journal and Health Investor.

 

Seminars and Training

 

I regularly provide training and developmental support to Boards of Directors on a wide range of commercial, corporate governance and regulatory issues.  I am a regular speaker at national and regional health and social care seminars and conferences.

Carly Caton

Partner

I am a partner in the Commercial and Infrastructure team, specialising in the healthcare sector. I advise on a wide range of commercial transactions and partnering arrangements including joint ventures, private patient hospital projects, consolidations and mergers, and integrated care / new models of care projects. I also have considerable experience advising NHS and private sector healthcare clients on international healthcare projects. I led the team which closed the Sandwell and West Birmingham NHS Trust’s new PF2 hospital project (Midland Metropolitan Hospital), the first hospital to be procured under HM Treasury’s PF2 model and involving the construction of a new hospital on a brownfield site. I have also advised on numerous health PFI projects, and variations to health PFI projects.

Publications

I have authored various healthcare guides for LexisNexis and have contributed two articles to the Global Opportunity Healthcare magazine entitled:

  • Education in Healthcare; and
  • Exporting the NHS

Seminars and Training

I have delivered a number of seminars and spoken at conferences internationally on the UK Health PFI model and the move to PF2.  I have also conducted various training sessions on the "NHS Standard Contract" and the "NHS Contract for the Supply of Goods and Services".

Career Highlights

  • Closing the first health project under the HMT new PF2 model – Sandwell Midland Metropolitan Hospital.
  • Advising on The Christie / HCA joint venture private patient hospital project – the first where a foundation trust became a partner in an LLP.
  • Winning the "Gold Team Award" for best Healthcare Innovation Idea at Arab Health.

Julie Charlton

Partner

I am a Partner in the Clinical Risk team specialising in clinical negligence/medical malpractice litigation, mental health and human rights law.   

I lead in both public and private clinical negligence matters and I work closely with NHS Resolution.  I have considerable experience advising on high value and complex cases. I have extensive experience in cases involving brain damage through obstetric treatment, neurosurgery and anaesthetic claims.   

Human Rights Act claims and mental health are special areas of interest and I have extensive experience in both areas.  I have experience in prison health matters and Disability Discrimination Act claims.  My practice also extends to advising on general healthcare and mental health matters.    

I also undertake many private medical malpractice claims for a number of insurers, focusing on cosmetic and aesthetic surgery claims.  I am a non-executive director for the British Association of Cosmetic Nurses. 

Seminars

I prepare and present many seminars and talks for Bevan Brittan’s clients on topics including; mediation, human rights, the depravation of liberty, policy and good practice, the duty of candour and saying sorry and apologies.

Career Highlights:

I have worked on a number of reported cases including:

  • Savage v South Essex Partnership NHS Foundation Trust where the House of Lords considered the threshold a claimant must meet to succeed in a claim involving a detained patient under Article 2 ECHR; 
  • Winspear v City Hospital Sunderland NHS Foundation Trust. The court considered the issue of Article 3 ECHR and its application in DNAR claims; and
  • Best v St Georges Healthcare NHS Trust (1) and London Ambulance NHS Trust (2) which considered the application of Articles 2 and 3 ECHR in the provision of healthcare to a prisoner who suffered a fatal heart attack. 

Virginia Cooper

Partner

I am a partner in the Litigation; Advisory and Regulatory department in London and I lead the firm's insolvency and restructuring practice.

I have a particular interest in the local government sector and I act for a large number of public bodies including local authorities, regulators, NHS Trusts and Ombudsmen in resolving complex commercial, regulatory and public law disputes. I specialise in collective actions for large groups of clients, advising on all aspects of litigation including mediations, High Court proceedings and judicial reviews. My work often encompasses jurisdictional issues and I have a wealth of experience in financial services disputes.

Publications

I regularly contribute articles to the Local Government Chronicle and the Local Government Lawyer.

Seminars

I regularly speak on all aspects of litigation to clients across all sectors of local authorities and ombudsman.

Career Highlights

  • I represented all UK local authorities affected by the collapse of the Icelandic Banks in 2008 to secure the return of almost £1.4bn of much needed funds for local authorities. My work on these cases led to Bevan Brittan ranking as Highly Regarded in the FT Innovative Lawyers Awards 2009 and being shortlisted for the Legal Business Awards Litigation Team of the Year 2012 and the Lawyer Litigation Team of the Year 2012.
  • Selected for the Lawyers Hot 100 in 2012
  • Advising the Local Government Association and its 365 member authorities in a multi-party action brought by personal search companies against all local authorities in England and Wales as well as central Government and the Welsh Assembly. 

Memberships

Ombudsman Association

John Cox

Partner

I joined Bevan Brittan as a partner within the housing team.  My areas of specialism include contentious housing matters, advising landlords on matters such as breach of covenants, nuisance, possession, subletting, hoarding, disrepair and failing to provide access.

My practice involves acting for private, housing association landlords and local authorities.  The Legal 500 have recognised me as, “first-rate".

 

Publications

Over the past few years, I have written several articles for Inside Housing and 24Housing, together with media statements on:

Gas Safety: updated regulations offer more flexibility

 

Seminars and Training

I have spoken at the National Federation of ALMOs on private rental sector tenancies.  In addition, I regularly also organise and facilitate training sessions for clients, both in-house and on-premises.

 

Career Highlights

  • I acted for a large housing association who acquired a block of flats pursuant to a section 106 agreement. Each of the ten units suffered from damp and disrepair, and a subsequent investigation found the development was substandard.   My client faced disrepair claims from 10 separate tenants.  We threatened to enforce the development agreement and negotiated with the developer a settlement of in excess of £200,000.  We then settled all the disrepair claims for £64,000, leaving my client with a profit of in excess of £100,000.
  • I acted for a housing association defending a disrepair claim which resulted in a costs award in my client's favour in excess of £30,000.

Alastair Currie

Partner

I am a Partner in the Employment and Pensions Department.

I advise on a wide range of contentious and non-contentious employment issues, both in the private sector and public sector (Health and Local Government).  I advise on matters in Tribunals and the EAT, usually defending claims for unfair dismissal, discrimination and breach of contract.  I also specialise in internal dispute resolution, in particular carrying out complex conduct, capability and grievance investigations.

My non-contentious advice includes advising on all scales of reorganisation and redundancy exercises, and drafting employment / TUPE provisions in commercial agreements. 

Seminars

I regularly provide training workshops to private and public sector clients on numerous aspects of Employment Law including the implications of TUPE in reorganisations, transfers and service provision changes; redundancy; employment after retirement age; and mock Employment Tribunal workshops.

Career highlights

  • I have rewritten, and simplified and improved the national Maintaining High Professional Standards framework document (relating to doctors' and dentists' conduct and capability proceedings) for implementation by clients as a non-contractual policy document. I am currently advising several clients on the implementation of this document.
  • I have advised a major international media network on Tribunal claims including a sensitive whistle-blowing and constructive unfair dismissal claim and a high value health and safety automatic unfair dismissal claim.
  • I am one of the three core employment lawyers who advised the South West Consortium on the options for departure from Agenda for Change and national medical and dental terms and conditions (including advice on governance issues and the Public Sector Equality Duty amongst other thorny issues) to achieve cost savings.

Steven Eccles

Partner

I’m a property litigation partner and I head up the firm's housing and property dispute resolution team.

I provide advice to clients from most of the firm's markets but a large proportion of my work is for housing associations, NHS trusts, local authorities and private companies. I deal with all types of residential and commercial property issues. I have particular expertise in dealing with the removal of telecommunications operators from land, dilapidations disputes, Landlord and Tenant Act 1954 claims, rights of light, the exercise of break clauses to terminate commercial leases and residential leasehold management issues (including statutory leaseholder consultation).

Much of my work constitutes risk management advice, whereby I help clients manage issues early to stop them turning into disputes. Where a dispute has arisen, however, I take a robust and commercial approach to the dispute resolution process and am experienced in resolving disputes via litigation, arbitration, expert determination, mediation and in the various property tribunals.

 

Seminars and Training

I deliver a great deal of bespoke training to clients, on housing and property-related issues. I also speak regularly at key sector events and recent examples include the Resolve ASB national conference, the NHS Property Conference, CLT seminars and webinars as well as RICS events and other seminars targeted at surveyors.

 

Career Highlights

  • Laindon Holdings Ltd v South Essex Partnership NHS Foundation Trust – this case made a new law regarding the loss of rent, and fixture and fitting issues following dilapidations and the expiry of a lease.
  • Levett -Dunn and Others v NHS Property Services Ltd – This case developed a new law regarding the correct address for the service of break-clause notices in commercial leases.
  • Barnsley MBC v Hadfield [2018] EWHC 866 (QB) – acting for the Council to obtain an interim and final High Court injunction to restrain breaches of a TPO that protected woodland. The decision created new legal precedent on the interpretation and procedure for enforcement of TPO infringements.

 

Publications

I have written several publications including:

Emily Heard

Partner

I am head of the Procurement, Competition and State Aid teams.  My practice involves dealing with all aspects of contentious and non-contentious procurement law. I have particular expertise in litigation, High Court procurement challenges, judicial review and other statutory challenges. 

My team and I are well-known for our involvement in leading, high-profile procurement cases in the public, private and third sector, and our experience stretches across a range of different markets.

Publications

I have written several articles in 2018 including:

 

Seminars & training

I teach the litigation module for the Law of Public Procurement (Masters) course at Nottingham Law School alongside Professor Sue Arrowsmith.

I recently spoke at the University of Nottingham’s Global Revolution Conference and the Whitepaper Public Procurement conferences in Belfast and Manchester.

Career Highlights

  • R (Fair Crime Contract Alliance) v Lord Chancellor - included within The Lawyer magazine’s top 20 cases of 2016 and described by the High Court as the most complex public procurement dispute ever brought.
  • Bristol Missing Link v Bristol City Council [2015] EWHC 876 (TCC) – described by the High Court in a subsequent judgment as a "paradigm case" whereby the automatic suspension was kept in place in favour of our client (a landmark decision). Following the judgment, my team and I were tasked with finding a solution to the dispute between the parties, which resulted in a contractually agreed re-evaluation of the parties' tenders by the Council. As a result, our client was judged to have submitted the winning tender.
  • Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group and NHS Dartford, Gravesham and Swanley ([2016] EWHC 1393 (TCC)) - this case is significant in relation to whether damages are an adequate remedy for public bodies.
  • Sysmex UK Ltd v Imperial College Healthcare NHS Trust [2017] EWHC 1824

Tim Hodgetts

Partner

I have been a partner in Bevan Brittan since May 2007 and lead a team of 15 solicitors working across three offices.

As a Nominated Partner for NHS Resolution work in the firm's Clinical Risk department, I have been acting on behalf of NHS Resolution and NHS Trusts and in the defence of clinical negligence cases since 2001.  I am recognised as a leading clinical negligence and medical malpractice solicitor by both Chambers and the Legal 500.

I act for a leading medical insurer, advising on medical malpractice issues. This work involves dealing with all the client’s claims and inquests from various sectors including; prison healthcare, out of hours GP services, cosmetic surgery treatments and NHS 111 services.

I deal with a broad spectrum of cases and have experience in most clinical disciplines. Typically, my cases are high value and complex claims often involving brain or other neurological injury. I have successfully defended many claims at trial and have fought cases to the Court of Appeal.

I also manage the firm’s relationships with a number of our insurance and health clients in both primary care and acute settings.

Seminars:

I provide training on the medico-legal process to doctors and nurses and have developed specific training packages for Obstetric and Neurosurgical practice.

Recently, I spoke at a primary care setting conference run by an insurer for their clients and insurance brokers on claims arising out of an inquest.

Publications

I have published articles and case reports in Clinical Risk and Healthcare Risk Report.

Career highlights

  • Lead solicitor on a group action for claims of sexual abuse arising from neurological treatment.
  • MC and JC v Birmingham Women's NHS Foundation Trust, [2016] EWHC 1334 (QB) - successfully defended cerebral palsy claim.
  • SB v Sandwell and West Birmingham Hospitals NHS Trust; [2016] EWHC 90 (QB) - successfully defended cerebral palsy claim.
  • Popple v Birmingham Women's NHS Foundation Trust; [2012] EWCA Civ 1628 -Court of Appeal decision on material contribution.
  • Appleby v Northern Devon; [2012] EWHC 4356 (QB) - High Court guidance on double recovery in personal injury.
  • LK v SWBH; [2010] EWCH 1928 (QB) - Anonymity in clinical negligence litigation.
  • Evans v Birmingham and the Black Country Strategic Health Authority; [2007] EWCA 1300s - successfully defended cerebral palsy claim upheld in the Court of Appeal.

David Hutton

Partner

I am a partner in our Commercial and Infrastructure department and Head of our Local Government practice, responsible for client relationships and business development to government, national and local, and private sector organisations bidding back into these markets.

I have advised on more than 90 PPP and outsourcing projects and procurements including being the creator of Building Schools for the Future model.

In the last year I have advised on proposed partnerships for local authorities with annual budgets amounting to more than £1 billion. In the same period, I advised private sector bidders to win annual contracts worth more than £100m.

Being familiar with the political, economic and legislative landscape I am supporting clients on alternative methods and models of service delivery (outsourcing, joint ventures, commissioning only council models and procurements), regeneration, use of assets and funding structures including the implications and opportunities under Devolution.

Clients have said:

"David’s strongest skill is his client management. He is very personable with a great deal of fortitude. I find him always very positive and seems to fully commit himself. I have never seen him drop his professionalism. He is very easy to work with."

"One of the good things about David is that he is regularly involved so can reinterpret objectives for us by asking questions and making suggestions."

"David is very likeable, very good in meetings - he inspires confidence and is a capable lead."

" Your support and that of your team has been absolutely excellent. Many thanks indeed for your personal commitment. I have really enjoyed working with you."

Career Highlights:

  • I recently advised Nottinghamshire County Council on the creation of its joint venture with Cornwall Council for the delivery of its highways services
  • Advising Northamptonshire County Council on its Next Generation commissioning model.

Rosemary Jago

Partner

I am a health infrastructure partner in the commercial and infrastructure department.  I also head up and lead the team for Strategic Estates Partnership work.

I have extensive experience of leading and advising on complex public private partnership (PPP) procurements in Health and Local Government. I lead on the delivery and structuring of EU procurement processes for PPPs and innovative joint venture arrangements, including Strategic Estate Partnerships (SEPs) and Local Asset Backed Vehicles (LABVs).
 
I was lead advisor on the first major (£430 million) acute health PFI scheme to use Competitive Dialogue and the application of HM Treasury guidance on senior debt funding competitions and I continue to advise the public sector on large acute PFIs and smaller community PFI/PPP transactions still in procurement and on operational PFI/PPP matters.

Following my secondment to Community Health Partnerships (CHP), established to deliver the NHS LIFT initiative, one of the largest public/private sector joint venture arrangements to have been initiated in England to invest in primary and community health and social care infrastructure, I was a key member of the Bevan Brittan team that structured and drafted the standard LIFT contract and procurement documentation. I have also been responsible for further updates to the standard LIFT documentation, liaising closely with the Department of Health and CHP.  I have been the day to day Bevan Brittan lead on over 35 NHS LIFT schemes since 2003 and I continue to provide strategic advice on new projects as well as ongoing matters.

I currently lead our team on the procurement of a number of innovative joint venture arrangements including Strategic Estate Partnerships (SEPs) in Health and Local Asset Backed Vehicles (LABVs) in Local Government which combine leisure, housing and complex infrastructure projects using the Competitive Dialogue procedure for regeneration.

Publications

I have contributed articles to the Health Investor magazine and Health Service Journal.

Kathryn Lawrance

Partner

I am a partner and head of Bevan Brittan’s planning team. I advise on all the issues involved in bringing sites forward for regeneration and sustainable development including compulsory purchase advice, negotiating planning agreements, advice on highways matters and stopping-up applications, planning appeals, listed building and conservation area applications, contaminated land and the defence of town green applications.  

I have a full understanding of the present and emerging legislative and policy framework which underpins the planning applications process and my objective is always to work closely with our clients to secure the best possible practical and commercial outcome.

 

Career Highlights

 

Seminars & Training

I regularly present seminars on planning and environmental issues on subjects such as: the compulsory purchase process, getting the most out of the planning process and negotiating planning agreements.

 

Memberships

I am a member of Compulsory Purchase Association

 

Publications

I have written several articles including:

Compulsory Purchase Orders - The essential development tool 

Simon Lindsay

Partner

I am a partner in the Clinical Risk Department and lead the medical law team. We provide advice and support to healthcare organisations, in particular NHS clients, in inquests, court of protection matters, challenges to treatment decisions, health and safety and general clinical practice. We are a team of 12 lawyers working out of Bristol, London and Birmingham. We take pride in providing high quality support which is clear, user-friendly and responsive.

I specialise in general medical law and am a nominated partner for NHS Resolution. I have a special interest in mental health and capacity law and provide accredited training for s.12 doctors and approved clinicians for the Royal College of Psychiatry. 

'The support in the run-up to the inquest was impressively thorough. My colleagues and I felt well supported and my clear impression is that everyone involved in supporting us went out of their way to be helpful and considerate during this long and at times difficult process. Mr Lindsay was consistently and impressively outstanding in performance throughout the preparation for the inquest and during the inquest itself. He demonstrated in-depth knowledge of the case, impressive sensitivity to the needs of the team, he was available and flexible, including cancelling prior engagements in order to provide continuity of representation. I am very impressed with the quality of his work he is obviously a deeply experienced, caring and highly able professional – we were fortunate to have him on our team.'

Seminars

I regular do in-house talks on mental health law, HR issues, mental capacity & equality law for healthcare clients. I have also run seminars on the treatment of children, especially regarding their mental and physical health.

In May 2016, I delivered a presentation on EU Health and Safety law at The National Autonomous University of Mexico.

Joanna Lloyd

Partner

I am a dual qualified Barrister and Solicitor. Since 1995 I have been based in Bristol working as a partner at Bevan Brittan LLP (since 1997) where I lead the Clinical Risk team.

My role involves running a large team of lawyers advising the NHS about the multiplicity of processes that arise following an adverse incident. As a result, I have a passionate interest in patient safety which has led me to work with NHS Resolution to explore how learning can be extracted from claims data.

I run a patient safety focus group within Bevan Brittan to explore how we can align the work that we do on behalf of the NHS so claims and inquest data can support patient safety developments. I work closely with acute Trusts and Trust Boards to identify themes from claims and complaints.

The opportunity provided via two Lay appointments to Government Advisory Panels, has given me a platform to use my experience of health related adverse incidents constructively to challenge and test the conclusions of each Panel. My aim has been to ensure that patients have been put at the centre of decision making.

Publications:

I have recently had an article published in the Clinical Services Journal discussing the role of the Coroner and patient safety.

Career Highlights

  • Developing and publishing ‘Ten years of Maternity Claims: An analysis of NHS Litigation Authority Data.
  • Successfully advised the Lewis Smithers v Taunton and Somerset NHS Trust on the case of a breach baby born with severe disabilities.

Stuart Marchant

Partner

I am a Partner in the Clinical Risk Team and I specialise in health and social care law and regulation.

Many of my clients are providers of care services, either in the NHS, private or not-for-profit sectors.  I am used to working with organisations in the ways that suit them best, having also recently worked in-house advising on quality, compliance and strategy issues in mental health and learning disability services. 

I regularly advise and represent health service commissioners and local authorities.
 
I assist clients who either need help with technical areas of law such as the Mental Health Act, the Human Rights Act or the Health and Social Care Act or who are facing practical problems in delivering their services.  I aim to provide advice and representation which is centred around my clients’ best interests, being mindful of their legal responsibilities, commercial interests and the value of their reputation.

When necessary, I support and represent organisations in the various courts that apply to them, including the Court of Protection, the Administrative Court (Judicial Reviews), the Coroner’s Court, Mental Health Tribunals, the Care Standards Tribunal and the Criminal Court.  I also represent clients in safeguarding investigations, equality challenges and health and safety investigations where necessary.

I enjoy writing and speaking on health and social care issues and have an ongoing interest in the way that care services are supported and/or impacted by the law.

In addition to my practice I am a Visiting Fellow of Loughborough University,

I am always happy to speak to new and existing clients by telephone or by email and I understand the reassurance that a quick conversation can often provide.

Publications:

I have written a number of articles for Care Management Matters. I am also a member of the Editorial Committee of Clinical Risk magazine and a peer reviewer for The Psychiatrist by the Royal College of Psychiatrists.

Seminars and Training:

I regularly provide in-house and external training to clients on health and social care regulation, mental health law, mental capacity law, inquiries and investigations.  I also speak at conferences and seminars on issues pertaining to the Care Act 2014, and safeguarding vulnerable people and deprivation of liberty.

Matthew Mo

Partner

I am a partner specialising in public procurement law. My work involves advising local authorities, NHS bodies, central government departments and other public bodies on the application of the procurement rules to their range of activities from establishing co-operation arrangements to conducting public contract tendering exercises. 

I advise public bodies on planning for and conducting multi-stage procurement exercises from exploring competition and evaluation strategies, preparing procurement documentation, evaluating tenders, awarding contracts to debriefing bidders. I have advised on awarding contracts across a broad range of major project sectors including property development and regeneration, school building partnerships, municipal waste and energy management, leisure services, highways services, national framework agreements, rail franchising, IT projects, PFI hospital developments to NHS and community care services.

Because I work across many markets I am able to pass on an in-depth knowledge of procurement approaches and innovation to help clients resolve their procurement strategies.

The recent focus of my work has been in helping clients achieve efficiencies through establishing co-operation arrangements between public bodies to deliver shared services as well as advising on tendering strategic partnership joint ventures with the private sector to transform estates and services.

I am involved in advising on legal challenges both in bringing and defending actions in relation to procurement award or elimination decisions.

Seminars

I also provide training to local authority and NHS procurement practitioners and advisors on developments in procurement law.

Sandy Munroe

Partner

I am a partner leading the Property team in Birmingham.  I have over ten years' experience of commercial property transactions and have worked for both public and private sector clients including registered providers and local authorities.  I have particular experience in dealing with larger complex transactions and have managed a property team in dealing with the property aspects of large corporate transactions as well as retail portfolio management and disposals. 

I act predominantly for health and local authority clients on complex sales or disposals with an element of redevelopment or regeneration

On the residential development side, I act for private development clients, as well as local authorities and social housing, on acquiring housing for social housing. I also act for funders in property finance transactions, and provide property support for large-scale projects.

Career Highlights

  • Advised Places for People Homes Limited on the disposal by way of a building licence of a plot for 250 housing units, to include revenue overage and minimum price provisions.
  • Partner advising Letchworth Garden City Heritage Foundation on all aspects of their property portfolio to include (mainly) lease and lease renewals, licences for alterations of their office, break notices.
  • Advised Chelsea & Westminster Healthcare NHS Trust on the £20 million purchase of the freehold reversion of the residential accommodation adjoining its site as part of a redevelopment of the Hospital site with complex overage provisions and an option for the vendor to re–acquire.

"A personal thanks to Sandy Munroe.  Her commitment to conclude the deal was outstanding."

- David Butcher, Director of Estates & Facilities, Chelsea & Westminster Hospital

Sharon Renouf

Partner

I am a partner in the Commercial and Infrastructure team. My work involves advising on major transactions for the public and private sector in the healthcare field. I manage outsourcing, shared services and commercialisation.

My experience and expertise extends to all aspects of the procurement process. Because I act for the both public bodies and bidders, I can understand the challenges and opportunities each side faces and the problems the body offering the contract needs to solve.

In my sixteen years working on commercial contracts and projects I have advised on transactions for: pharmacies, pathology departments, private patient units, renal services, radiotherapy, MRI & PET/CT, soft and hard FM and retail. I manage the entire cycle of a procurement process; from shaping the commercial aspects of the competition, through to running the process, drafting contracts, negotiating with bidders and completing the final agreements.

I am also experienced in PFIs, having closed a number of schemes for NHS clients. My practice also includes working on variations, renegotiation and refinancing for both the public and private sector.

Publications

I have contributed articles to the Health Service Journal and the Health Investor magazine.

Seminars

I have provided training sessions to clients on commercial contracts, pharmacy outsourcing, and PFI.

Career Highlights

  • Leading the £450m North Bristol NHS Trust PFI scheme, the first to run a Treasury led funding competition for financing.
  • Working with University College London Hospitals NHS Trust on their procurement of a private partner for their proton beam therapy unit.
  • Assisting Barts Health NHS Trust with its £500m, 10 year contract for outsourced soft FM services

Louise Robling

Partner

I lead our Construction and Engineering Contract Management and Dispute Resolution team. I am a specialist in advisory and dispute resolution work in the construction, engineering and FM markets with particular expertise in the operational management of PFI/PPP contracts and the resolution of disputes in long term partnering contracts. I act for a wide range of employers, contractors, sub-contractors and consultants across a wide range of sectors and covering all aspects of construction and engineering law.

I have over 20 years of experience in advising clients on both the detail of their disputes and the process by which they might achieve a satisfactory resolution of those disputes including arbitration, litigation, mediation and adjudication. I have a particularly strong track record of dealing with complex and fast moving adjudication claims which have now become the preferred method of formal dispute resolution construction and engineering contracts.

'Knowledgeable and creative’ Bristol-based practice head Louise Robling is noted for her ‘essential advice’ to public sector clients and contractors on construction disputes, and also provides non-contentious advice on PPP/PFI procurement contracts.

Legal 500 2017 ,

Seminars

I regularly speak to client groups on PFI and PPP contracts and dispute issues.

Career Highlights

  • Advised on disputes arising from the first termination of a PFI contract in the UK.
  • Advised on the first formal dispute resolution procedure to establish liability for the fire compartment defects in a PFI hospital.

Jodie Sinclair

Partner

I am the Head of Bevan Brittan’s Employment, Immigration and Pensions Team, with nearly 20 years' experience as a specialist employment lawyer. I act primarily for healthcare employers on the various employment issues they face, including the NHS as well as independent and third sector health and social care organisations who operate in this market.  I also have considerable experience advising employer organisations in a range of other industry sectors including financial services, hospitality and manufacturing. 

My practice covers both contentious and non-contentious work including workforce reorganisation and organisational change including, contractual advice and disputes, employer relations matters such as grievance and disciplinary processes and drafting policies and procedures, high value or complex discrimination claims, joint venture arrangements, TUPE and collective and individual consultation exercises. I have a particular interest in high-value or complex discrimination claims, the Raising Concerns and whistleblowing agenda and doctors’ capability and disciplinary cases, including those that lead to High Court proceedings.

I am a regular sounding board to management and executive teams, including Boards, on strategic workforce issues and have provided legal support on driving efficiencies, workforce productivity as well as initiatives to implement the principles and recommendations of the Francis Report, for example the Fit and Proper Person Test.  

I chair a Workforce Forum on strategic workforce issues for Workforce Directors within the healthcare sector and I actively support and attend the AIHO/NHS Partners HRD Network. I speak extensively both in-house and externally on a broad range of employment and workforce matters and regularly provide bespoke training workshops to clients on a broad range of employment issues and legislative developments.

By working proactively with clients on a knowledge and skills transfer providing risk based advice, I help them manage their workforce legal spend.

Publications

I regularly contribute to our Employment Eye publications as well as the HPMA monthly newsletter and have been published in the Health Investor Magazine and Health Service Journal.

Career Highlights

I represented St George's Healthcare NHS Trust in the seminal SOSR case of Perkin v St George's Healthcare NHS Trust [2005] IRLR 93.

Steven Smith

Partner

I lead Bevan Brittan's local authority team in London.

I specialise in large scale regeneration and development schemes. I also advise a wide variety of national and regional public and private sector organisations involved in this area, including Greater London Authority, the Homes and Communities Agency and the City of London, as well as a range of significant London Boroughs and other local authorities across the UK.

I have a particular interest in specialist joint venture structures involving public/public and public/private partnerships, ranging from projects involving establishment of corporate special purpose vehicles, through bespoke investment models such as the Croydon Council Urban Regeneration Vehicle, to a series of purely contractual joint venture collaborations and other arrangements.

Some examples of large scale regeneration/development projects I have been involved with include:

  • Advising the Olympic Park Legacy Company and subsequently London Legacy Development Company on the funding and development of the Olympic Stadium and Aquatics Centre at the Queen Elizabeth Olympic Park, as part of London 2012.
  • Advising on the Homes and Communities Agency and Sheffield City Council's contractual collaboration for the retail-led development of the Sevenstone area of central Sheffield.
  • City of London Corporation's £500m joint venture with Henderson Global Investors for the retail-led redevelopment of the former General Market and Annexe Building, Smithfield Market.
  • London Borough of Ealing's partnership with Queens Park Rangers Football Club for development of a new, state of the art training ground and Sports Academy at the 61-acre Warren Farm sports ground.
  • Representing the London Borough of Lambeth on its £250m Somerleyton Road project, forming part of the Council's wider 'Future Brixton' scheme, involving creation of significant new retail and leisure accommodation as well as over 280 new homes, significant new health and education facilities, coupled with a scheme to relocate the Oval House Theatre, set to comprise a key component of the new development.
  • Advising the London Borough of Ealing on its £50m redevelopment of Acton Town Centre, involving creation of a significant new retail offering, over 500 new homes, new leisure and community facilities as well as significant additional new infrastructure.
  • Representing the Homes and Communities Agency on its 10-year joint venture with Kier Homes,  Derbyshire Healthcare NHS Foundation Trust, Derby Hospitals NHS Foundation Trust and East Midlands Ambulance Service, for the £150m development of the Manor Kingsway Hospital Site in Derby to create over 700 new homes and a high-quality business park to service, and provide circa 450 jobs for the area.
  • Advising the Homes and Communities Agency on its £150 million joint venture with Urban Splash and Great Places Housing Association for development of Park Hill, Sheffield, to create over 3,000 new homes for the benefit of the local community.

In addition I also act for several registered charities, including in particular the Orders of St John Care Trust, in relation to a variety of care home developments across the Country.

Hugo Stephens

Partner

I am recognised as a leading housing lawyer specialising in corporate, finance and major projects. My clients are housing associations, local authorities, private companies working in the sector and funders.

I have a wide range of expertise encompassing:

Corporate:

  • Governance issues, regulatory compliance, charity law and powers;
  • Formation of housing associations, registrations with (and deregistrations from) the HCA, rule changes, transfers of engagement, amalgamations and conversion into companies (and vice-versa);
  • Group Structures, mergers, demergers, acquisitions and disposals and advice re commercial subsidiaries;

Finance:

  • Bilateral and Syndicated loans to individual housing association and to housing groups;
  • Private Placements;
  • Public Bond issues;
  • Loan restructurings and refinancings;
  • Secured lending including development funding and bridging loans;
  • Security trusts;
  • Derivative transactions; and
  • Intra-group loans;

Projects:

  • VAT Savings schemes;
  • Solar projects;
  • Cost sharing vehicles;
  • Joint ventures; and
  • Large scale housing stock transfers.

Publications and conference speaking

I am the author of the NHF's book: "Understanding Loan Documentation" for board members and officers and have contributed to the NHF's Housing Finance Manual.

I have led workshops and spoken at the NHF Finance and Chartered Institute of Housing conferences on matters such as money laundering and new models of housing finance.

Career Highlights

  • Leading the team on one of the first housing association bond issues outside of London and the South East: Longhurst Group's £250,000,000 bond;
  • Advising on the first metropolitan local authority housing stock transfer which became the model used on all subsequent ones;
  • I advised Halton Housing Trust on its debt restructure via several private placements totalling over £1,000,000;
  • I led our team that advised the Chevin, Prospect and Trans-Pennine Housing Groups on their merger to form the Together Housing Group; one of the largest groups in the North;
  • Advising Warrington Borough Council on its public bond issue (the first local authority bond issue in over ten years) and on its programme of loans to housing associations;
  • I advised Gentoo Group on its unique funding structure comprising a public bond, bank debt and bespoke loans from the European Investment Bank all governed under a common terms agreement which raised over £500,000,000 facilities for the Group;
  • Following the introduction of new regulatory regime for housing associations, I advised a non-RP charity on the formation and registration of a new housing association subsidiary including drafting bespoke provisions into the intragroup agreement to satisfy the Regulator's new requirements;
  • I assisted the board of a housing association to navigate a path back to full regulatory compliance following a major breach of the regulatory regime.

Olivia Carter

Senior Associate

I am a senior associate in the Litigation, Advisory and Regulatory department, specialising in public law disputes and commercial dispute resolution for both private and public sector bodies. I act for a broad range of clients in different sectors including local government, health, education and legal services regulation, advising on dispute avoidance and the resolution of disputes through negotiation, mediation and, where necessary, litigation.

I have acted on numerous complex judicial review challenges relating to decisions on funding, large-scale outsourcing projects, the restructuring of public bodies and the reduction or consolidation of public services. I also advise public sector bodies on their statutory powers and duties particularly in respect of consultation and obligations arising under the Equality Act 2010, with a view to mitigating the risk of challenges or disputes where difficult decisions have to be made. In addition, I specialise in procurement law, regularly advising clients (including NHS commissioners) on their obligations, rights and options arising under the procurement regime and representing both those bringing and defending procurement challenges.

In terms of commercial disputes, my work mainly involves advising public sector bodies on contract disputes, particularly those arising in local government and the health sector (often under the NHS standard form contracts).

 

Publications

I have written several articles including:

Richard Hiscoke

Senior Associate

“Richard Hiscoke has gone above and beyond in both patience and helpfulness. He has been great at linking us with other likeminded organisations.”

- Ed Rowberry, Chief Executive, Bristol & Bath Regional Capital CIC

I have worked for many years advising owner managed businesses, social enterprises and multi-nationals on corporate affairs and governance. I have developed a special interest and expertise in social investment, group restructuring and reorganisations (including buybacks, insolvent turnarounds, s.110 demergers), share capital structures, debt and equity investment, corporate governance, directors' duties and business sales.

Experience

  • Leading the team advising on the first structured charity bond with a social investment tax relief qualifying element. The £1m raised enabled South Bristol Sports Centre to build 6 five-a-side soccer pitches and have a social impact on over 1,000 community users a week.  It also received the 2016 Social Enterprise UK Social Investment Deal of the Year Award.
  • Structuring a quasi-equity bond issue for Glasgow Together CIC & leading the English and Scottish legal teams implementing the bond issue; advising Bristol Together CIC in its CITR qualifying social bond issues and refinancing enabling the CICs to expand the offender construction industry training programme.
  • Lead advisor to a housing association on shari'a compliant property yield sharing investment offering, enabling it to diversify its property portfolio and increase the size of its refugee resettlement programme.
  • Lead advisor Bristol City Council, Business West, the Society of Merchant Ventures, the University of the West of England and other civic organisations on the establishment of, and governance structures for, regional social investor Bristol & Bath Regional Capital CIC.
  • Leading the UK, Canadian and USA legal teams advising on an international tripartite merger and tax driven group reorganisation for Western Global Holdings Limited including innovating the implementation of ‘exchange shares’.
  • Leading the team advising on the CIC merger of three GP federations.
  • Designing exit options for and leading the team advising a client on the implementation of the exit of an Australian investor
  • Advising on the £32m MBO of a GIS mapping software company, which implemented a successful business succession.
  • Advising on and implementing tax driven share capital restructurings including: growth share & freezer share schemes; employee share schemes; management incentives and phased management exit schemes.

Colin McConaghy

Senior Associate

Warning: Please note that my identity has been used in an email scam relating to estates of overseas relatives. Bevan Brittan LLP will never issue unsolicited communications suggesting that the recipient may be in a position to benefit from an inheritance from a named estate (e.g. "the estate of John Smith"). We suggest that you ignore and delete the email.

 

I am a Commercial Projects lawyer, specialising in complex public private partnerships, energy and outsourcing transactions.

I advise on a wide range of commercial contracting arrangements including ICT outsourcing, back office services outsourcing, energy projects (including energy performance contracting) and facilities management.  My experience covers a wide range of public private partnership/Private Finance Initiative sectors including education, health, leisure, badged services and waste.  I have particular experience in structuring and advising on complex contractual arrangements. 

I advise on all stages of projects from inception and scoping, negotiation, close and post close.  I have significant experience in advising on post close operational matters and have implemented many contract variations (including both high value complex and simple variations).

My client base is broad and includes private sector companies, bidding consortia, joint ventures, special purpose vehicles, project sponsors, funders, local authorities, NHS Trusts and third sector organisations.

David Moore

Senior Associate

I am a Banking lawyer based in our London office specialising in providing funding and finance advice to local authorities, housing associations, private sector lenders, contractors, banks and other public and private sector bodies. My experience includes advising on a variety of finance matters, such as debt and equity finance arrangements (including secured lending), project finance, housing and development finance, joint ventures, loan refinancing and restructuring. 

I have experience as a major infrastructure projects lawyer which enables me to provide cohesive funding advice across a variety of project types and sectors (including housing, education, health and energy) and to manage complex projects to completion on budget and on time. 

Examples of my experience include:

  • Advising Warrington Borough council on the provision, management of and variation to loan facilities totalling in excess of £430 million to multiple housing associations.
  • Advising Leeds Teaching Hospital NHS Trust on the £261 million refinancing of the Bexley Wing of the St James's University Hospital PFI Project in 2017 comprising a mixture of bonds and notes.
  • Advising Brighton & Hove City Council in relation to the financing of its £120 million joint venture with Hyde Housing to provide 1,000 new affordable and shared ownership homes.
  • Advising Places for People on the creation of and lending into a number of joint ventures vehicles for the delivery of retirement housing including its £200 million venture with Octopus Investments.
  • Advising Aviva Commercial Finance in relation to the funding of multiple PPP schemes in England, Scotland and Ireland.

Advising a bank and hedging provider on the voluntary termination of a PFI project.

Fran Mussellwhite

Senior Associate

I am a Senior Associate in the Litigation, Advisory and Regulatory department. I trained with Bevan Brittan and qualified into the department in 2010.

My work focusses on the resolution of disputes in both the private and public sectors, particularly around the procurement, commissioning and delivery of public services, and challenges to public authorities' decision making processes.  While these disputes can cover a broad range of subject matters and legal principles, my key area of expertise is public procurement and challenges brought under the Public Contracts Regulations 2015.  In that field, I advise clients on all aspects of bringing or defending a procurement challenge, including dealing with pre-action disclosure, applications to lift the automatic suspension, pursuing alternative dispute resolution and the management of litigation to trial.  I am recognised as an "Associate to watch" in the field of public procurement by Chambers UK and am a member of the Procurement Lawyers' Association.

I have also acted on several complex judicial reviews involving challenges to the reconfiguration of public services, consultation processes and care funding decisions. 

Career highlights include:

  • Bristol Missing Link v Bristol City Council [2015] EWHC 876 (TCC) – in which we successfully defended an application by the contracting authority to lift the automatic suspension in a procurement challenge.
  • Openview v London Borough of Merton [2015] EWHC 2694 (TCC) – representing the contracting authority in a procurement challenge, including managing a large-scale, complex e-disclosure process, up to settlement at mediation.
  • R (RB) v Devon County Council and Devon Primary Care Trust [2012] EWHC 3597 (Admin) – acting for the Defendants in a challenge to the compliance of a complex procurement process with the Public Sector Equality Duty.
  • R (Luton Borough Council and others) v The Secretary of State for Education [2011] EWHC 217 (Admin) – in which we obtained an order quashing the Secretary of State's decision to cancel funding for school building on the basis of failure to consult and breach of the Public Sector Equality Duty.

Penelope Radcliffe

Senior Associate

I am a senior associate in the clinical risk team. I specialise in representing defendants in high value and complex medical cases, particularly involving claimants who have sustained extensive brain damage following obstetric or neurosurgical treatment. Cases I have represented the Defendant on include Verlade v Guy's & St Thomas NHS Foundation Trust [2017] a high value brain injury claim relating to pediatric intensive care which was successfully defended and AS v Guy's & St Thomas NHS Foundation Trust [2017] a significant Bolam judgement concerning pioneering techniques used in pediatric cardiac surgery in 1998 in which liability was repudiated on the grounds that there was no established body of opinion on brain cooling at the time. I acted on behalf of the intervener in the recent important Privy Council case of Williams v Bermuda Hospitals Board [2016] which considered the doctrine of 'material contribution' in causation.

Prior to joining Bevan Brittan LLP I qualified as a barrister. I am an expert in using mediation and alternative dispute resolution as a means to achieve settlement where appropriate. As the instructing solicitor in one of the leading quantum cases Whiten v St George’s Healthcare NHS Trust [2011] EWHC (QB) I have a detailed understanding of the difficult issues involved in quantifying large awards and structuring settlements. I have been involved in developing innovative forms of indemnity and periodic payment arrangements to ensure the needs of severely brain injured children and adults are met imaginatively and with contributions from other appropriate providers.

I lecture on risk management and legal issues arising out of claims. I have also represented Trusts at inquests and worked with NHS staff involved in the sensitive area of public child protection litigation, giving advice on evidence and information sharing.

For over 10 years I have been recognized as a leader in the field of Clinical Negligence by Chambers & Partners and am currently ranked as a Star Associate in this specialty, UK wide.

Debbie Rookes

Senior Associate

I am an experienced healthcare lawyer offering specialist advice in relation to complex inquests, police investigations and enforcement action by regulators for public and private sector organisations.

I am regularly instructed on large complex inquests with parallel investigations. I provide strategic advice at Board level as well as support to the employees involved, including representation through voluntary police interviews and those under PACE.   

I frequently provide advice on all aspects of potential enforcement action by regulators, including prosecutions by CQC and the HSE, as well as defending clients following any subsequent enforcement action.

One client said:-

'I have worked closely with Debbie for a number of years in connection with three Coroner’s inquests and possible enforcement action from the Health & Safety Executive. Each case has had a high profile and reported to the Board of Directors, consequently the legal competency required has been very high. Debbie’s work has always been exemplary, completely trustworthy and timely but with a human touch so that colleagues have felt able to provide an honest account to ensure the best possible advocacy in each situation.

I would have no hesitancy in recommending Debbie.'

I have a wealth of experience in dealing with complex health and social care issues, advising clients in relation to the Mental Capacity Act, deprivation of liberty safeguards framework, commissioning and provider responsibilities, safeguarding referrals and human rights issues. I am experienced in bringing s16 and s21A applications in the Court of Protection as well as applications to restrict vexatious communications and to resolve contact issues. I also provide mental health law advice as well as representation at Mental Health Review Tribunals.

I am well recognised for my advocacy skills, my ability to adapt to my environment, and to respond to the needs of my clients and the Court. An Assistant Director of Governance & Compliance, said:

'I have worked in partnership with Debbie for a number of years and have personally always found her to be responsive, attentive to detail and helpful in terms of providing advice to the Trust regarding complex matters of mental health law. Additionally, I am in receipt of feedback from colleagues who have attended inquests to provide verbal evidence, who unanimously identify that the support provided by Debbie to them personally, and the advocacy on behalf of the Trust was exemplary.''

I also have a keen interest in sharing learning to prevent future incidents and frequently deliver training. My article in the Clinical Services Journal examined the Coroner's role in patient safety with a particular focus on hospital related deaths. I have presented at the Health Estates & Facilities Management Association (HefmA) South West regarding water management and subsequently regarding 'Attaining Compliance'. I was also a key speaker at the South West & Wales Water Safety in Healthcare Forum.

 

Carlton Sadler

Senior Associate

Carlton leads the firm's Healthcare Regulatory team and is an experienced regulatory and public lawyer specialising in service regulation of health and social care.  

Within this context he works on contentious and non-contentious matters ranging from advice to regulators on the exercise of their powers, representation in judicial review challenges, regulatory enforcement work in terms of prosecutions and appeals to the First-tier Tribunal, and representation in public inquiry.  Carlton's work on quality governance issues includes advising clients, in both the public and independent sector, upon quality governance processes and the handling of complex high profile investigations into patient safety and quality issues.

Carlton advises health and social care providers in both the public and independent sectors on various aspects of regulatory law. Such advice includes the impact of regulatory considerations on the re-structuring exercises and governance arrangements, the making of applications for registration, issues relating to on-going compliance, and responses to enforcement action taken by the regulator.  His experience includes numerous cases in the First-tier Tribunal, regulatory prosecutions and urgent applications to magistrates as well as judicial review challenges to the exercise of regulators’ powers.

He has advised regulators in the health and social care sector since local regulation in the 1990s. He has subsequently acted extensively for the National Care Standards Commission and its successors up to and including the Care Quality Commission ("CQC").  Carlton was the recognised legal representative for the CQC in the Mid Staffordshire Inquiry.

Carlton also advises on the conduct of complex investigations and participation in inquires.

Regulatory Support

Examples of support provided include:

  • Registration
    • advice on the regulatory implications of restructuring/ partnership working
    • support with making applications for registration
  • Compliance
    • Advice and assurance on quality and information governance arrangements
    • Review and advice on key policies and procedures such as: Incident Reporting; 'Being Open’; 'Mental Capacity/DoLS'; 'Raising Concerns/ Whistleblowing' and the Fit and Proper Person Requirement
  • Inspection
    • supporting a NHS trusts in their preparation for comprehensive CQC inspections, including Board workshops and conducting mock inspections and interviews with senior executives and Board members
    • supporting providers in making factual accuracy responses to inspection reports
    • advising an acute foundation trust over the scope for challenge to a full hospital inspection it received shortly before being taken over by another trust
    • supporting trusts in their preparation for a post-inspection Quality Summits
    • advising on the implications of CQC's ratings formulae and rules for the aggregation of ratings and bringing challenges to the same
    • drafting Quality Rating Review Requests
    • representing providers securing independent reviews of inspection reports resulting in changes in ratings
  • Enforcement
    • advising on representations and strategic responses to Notices of Proposal to remove locations
    • advising a mental health foundation trust and submitting representations in response to a Notice imposing a condition to close an inpatient unit due to safety concerns
    • advising an acute trust on responding to urgent restrictive conditions imposed by CQC in relation to the operation of the A&E Department and EAU
    • representation in urgent applications to Magistrates Courts to cancel the registrations of health and social care services.
    • Representing clients in numerous appeals in the First-tier Tribunal against decisions to refuse, impose conditions upon, and cancel registrations of health and social care services.
    • Representing the CSCI in a judicial review of its regulatory powers – R –v- CSCI (ex parte Walton)
    • Representation in regulatory prosecutions – including advising the defendant in the first ever prosecution by CQC of a NHS trust – CQC –v- Southern Health NHS Foundation Trust.

Specialist Healthcare Regulatory Due Diligence

Carlton provides due diligence advice on various regulatory regimes arising in the context of mergers and acquisitions, re-financing and joint ventures and partnerships in the health and social care sectors.  Significant transactions include:

  • Classic Hospitals – acquisition of 10 independent sector acute hospitals by Spire Healthcare.
  • Priory – advising Advent International on its acquisition of the UK wide Priory Group of mental health, specialist care and education services.
  • Acorn Care and Education – re-financing of a leading provider of fostering services and schools for children with learning disability.
  • Pathway Care - advice on acquisition of independent fostering agency in England and Wales, by Fostering Solutions.
  • European Care Group - advising bidder on proposed acquisition of care home group.
  • Cygnet Healthcare - advising bidder on proposed acquisition of mental health provider.
  • Acadia Healthcare - advising bidder on proposed acquisition of 22 Priory and Partnerships in Care mental health facilities.
  • Oasis Dental Care - advising bidder on proposed acquisition of over 380 UK dental practices.

Investigations and Inquiries

Carlton's work includes advising clients, in both the public and independent sector, upon the handling of complex high profile investigations and participation in public inquires.  Experience includes:

  • acting as recognized legal representative for the CQC in the Mid Staffs Public Inquiry
  • advising Leicestershire County Council in the Independent Inquiry into Child Sexual Abuse
  • advising Colchester Hospitals University NHS FT on issues relating to the conduct and publication of an independent investigation into cancer waiting time data.
  • advising local authorities and private and voluntary sector care providers in relation to Safeguarding investigations.

Other

He writes regularly in trade publications such as Health Investor, Care Management Matters and Caring Times and also lectures on many aspects of the law relating to the regulation of care settings.

Hannah Taylor

Senior Associate

I am a senior associate in the healthcare team dealing with a range of general healthcare matters, both contentious and non-contentious. I advise on capacity, best interests and deprivation of liberty cases, serious medical treatment cases, applications to the Court of Protection and the Inherent Jurisdiction of the High Court, legal frameworks for packages of care for service users whose behaviour challenges and children transitioning into adult services. I have a particular interest in mental health law and my specialist practice area is the interface between the Mental Health Act and the Mental Capacity Act. 

I am recognised by clients as being a "go-to expert for all matters relating to the Court of Protection" and for my "team-approach" to supporting supports health and social care professionals throughout the entire journey of these matters. 

I represented an NHS Trust in the first ever CQC prosecution under the Health and Social Care Act 2008 in October 2017, and regularly advise organisations on serious/catastrophic incidents (often attracting national media interest) and the parallel processes arising out of these, including; HSE investigations and prosecutions, police investigations and CPS prosecutions for corporate and gross negligence manslaughter, complex inquests, NHS England/CCG reviews, CQC inspections and the interface between enforcement agencies.

 

From a client’s perspective, she feels like an incredibly safe pair of hands, always accessible and ready to talk through an issue and working for the Trust with as much passion and commitment as if she were one of its employees.

Head of Executive Affairs An NHS Foundation Trust,

 

A significant proportion of my work revolves around advising on appropriate legal frameworks for complex, vulnerable service users who require restrictive and intensive packages of care and support across a variety of care-settings; ranging from high-secure/specialist hospitals, general psychiatric low-secure/open units, rehabilitation centres, residential/nursing homes, traditional supported living placements, core and cluster models, "hospital-at-home", family home packages and own tenancy arrangements. They often involve regularising invasive and often ethically contentious interventions such as high-levels of physical restraint, seclusion, use of CCTV, removed-clothing personal searches, intercepting correspondence and monitoring/regulating telephone/face-to-face contact.

Frequently, there are disputes concerning the appropriate treatment, management technique and placement which I have to facilitate the mediation of between health and social care professionals, family members and others involved in the service user's care. I have been involved in some of the most significant matters before the Court of Protection over the past 5 years, with cases that have directly impacted the application of the law and how care and support has to be delivered in practice.

 

Hannah’s ability to coordinate the different strands in a case is outstanding.  Her preparation is meticulous. She has an excellent reputation amongst the solicitors working for the Official Solicitor.  They readily acknowledge her attention to detail, high quality of judgement, and the fact that “she knows what she’s doing”.

QC Chambers,

 

I have experience in representing clients seeking declarations regarding and authorisations for the delivery of Serious Medical Treatment to a service user who lacks capacity or is unable to make a lawful decision about the proposal. These can be longstanding for non-urgent interventions (such as long-term contraception/non-therapeutic sterilisation or treatment of chronic conditions) or emergency applications for life-saving interventions. I support health and social care professionals throughout the entire journey of these matters; at the outset with initial planning or safeguarding multi-agency and multi-professional meetings, scoping the whole of the intervention from how the service user will get to hospital (using forced entry where necessary) to how they will get home upon discharge, throughout the gathering and compilation of the evidence required to support the application and attendance and giving evidence during the Court hearings.  

 

Hannah's style is intuitive – she knows when I would understand something and when something may need qualifying – she uses helpful examples to aid understanding… Without exception Hannah's my ‘go to’ expert for all matters of dispute or court.

Deputy Director for Commissioning A CCG,

Lee Taylor

Senior Associate

I act for developers, funders, landlords, tenants, retail operators, renewable energy operators and public sector clients on the full range of property disciplines. I advise clients on regeneration projects, residential and commercial development, disposals and asset management. Much of my work involves delivering development schemes and generating income and profit sharing for land owners, public sector bodies and private developers through joint ventures, collaboration agreements, land promotion agreements and other contractual arrangements.

Notable transactional experience includes:

  • Advising a public sector client on its £110 million loan to refinance an oil refinery.
  • Advising Welsh Government on the disposal of Waterstone, Milford Haven to Egnedol for the £650 million development of a jetty, biomass plant and business park.
  • Advising eleven of the top twenty house builders on all types of transactions, including advising on site acquisition and assembly; option agreements and strategic work; planning applications; statutory agreements; securing complex overage provisions and advising on construction issues.
  •  Advising a NHS Foundation Trust on its £120 million strategic partnership/estate optimisation scheme to identify commercial and income generating opportunities to deliver main entrance retail arcade, a hotel, a patient facilities/buildings, an office block (as part of a space utilisation project to consolidate the Trust's back office function), and disposals of surplus land to generate income streams and improve patient services.
  •  Advising local authorities, the National Health Service, Welsh Government and the Ministry of Justice on their regeneration and disposal programmes advising on property and development, and resolving and managing OJEU procurement, public, law, governance and constitutional, state aid, best value, vires issues in delivering the schemes.
  •  Advising a NHS Foundation Trust on its £40 million estates rationalisation programme to identify commercial and income generating opportunities, including the implementation of a leasehold asset management system, which increased rental and service charge income to £3 million per annum and freed-up capital for other strategically important projects (included in the Chambers & Partners Guide).
  •  Advising ESRG Group on a mixed use scheme to promote a sports stadium for redevelopment to include retails shops, hotel, with a hybrid option agreement to enable the developer to purchase part of the site for the development of 600 units. 
  •  Advising NHS bodies on all types of development and asset management transactions including strategic public sector work (for example the £7.4 billion estates transfer of part of the NHS estate to NHS Property Services Ltd).
  •  Advising a developer to secure land assembly of seven parcels of land through option agreements and conditional contracts in a city centre regeneration scheme for a mixed use development of 800 residential units, retail units and leisure facilities.
  •  Advising a developer on the acquisition and development of three Grade II listed buildings for the development of 170 residential units.

Amy Tschobotko

Senior Associate

I specialise in public and administrative law including Judicial Review challenges, as well as regulatory law. A key part of my experience also includes acting for public bodies in a civil litigation context. Highlights include:

  • Acting for the Bar Standards Board in relation to a Judicial Review challenge to the Legal Services Board's decision to approve the Quality Assurance Scheme for Advocates (QASA) in the High Court, Court of Appeal and Supreme Court (Lumsdon and others v. Legal Services Board (Defendant) and Bar Standards Board (Interested Party) and others [2015] UKSC 41);
  • Working within a team acting on behalf of 369 local authorities in respect of restitution claims brought by a large number of property search companies;
  • Acting for the Bar Council and the Law Society in an intervention into the Supreme Court case of R (on the application of Hemming and others) v. The Lord Mayor and Citizens of Westminster [2015] UKSC 25;
  • Acting for the Local Government Ombudsman (LGO) in relation to a Judicial Review challenge to the scope of the LGO's jurisdiction and the LGO's guidance on remedies in both the High Court and Court of Appeal (R (NR) v. Local Government Ombudsman [2014] EWCA Civ 1407); and
  • Acting for a group of six local authorities in relation to a Judicial Review challenge to DCLG's decision in respect of the local government finance settlement.

I provide training around Judicial Review and principles of good decision making. I am a member of the British and Irish Ombudsman Association.

I spent seven months on secondment to the in-house legal team at the Financial Services Compensation Scheme (FSCS) in 2016/17, and six months on secondment to the in-house legal team at the University of Oxford in 2017/18.

Memberships

 

Philip Woolham

Senior Associate

I practise across all aspects of pension law, across the public, third and private sectors.  I have experience on advising on public sector pension schemes, including the Local Government Pension Scheme, the National Health Service Pension Scheme and the Teachers' Pension Scheme, and national industry-wide arrangements such as the Social Housing Pension Scheme and the Independent Schools Pension Scheme.

I have experience of a wide range of private sector pension arrangements, including advising in relation to defined-benefit (final salary type) pension schemes on an ongoing basis, and also in relation to their closure and winding up. I have extensively advised foreign owners of UK organisation which sponsor pension arrangements on their duties and obligations.

I advise employers, trustee bodies and individuals, including parties to transactions with a pension element.  I have experience in outsourcing from the public to the private sector, advising public bodies, private and third-sector employers, including in respect of secondary transactions and insourcing.  I advise in relation to trust-based, unfunded and contractually-based pension arrangements.

I have extensive experience of advising in relation to automatic enrolment pension obligations, both in relation to existing schemes and when appropriate arrangements must be set up.

I advise on all aspects of their legal obligations, in relation to disputes between members and trustees and employers, from informal discussions to the level of complaints to the Pensions Ombudsman.

Michelle Knight

Associate

I am an Associate Solicitor in the Property Team in the Birmingham office.  I have over ten years of property experience working for both the public and private sector including local authorities, NHS trusts and registered providers. I have particular experience in dealing with large portfolio transactions as part of regeneration schemes.

Experience

Health

  • Advising East Kent Hospitals University NHS Foundation Trust on the disposal of eight sites for £23 million for residential development and health facilities. The sale included complex title issues, overage and an option for the Seller to re-acquire some of the sites.
  • Part of the the team advising East & North Hertfordshire NHS Trust on the disposal of the former QE II hospital site for £16.5 million for residential development and a new care home, to include the sale of the freehold reversionary interests to the current hospice, nursery and short term housing occupiers. The sale included complex overage and planning conditions, and the relocation of the telecommunication operators.
  • Advising a NHS Trust on the sale of the freehold reversion of land adjoining the main hospital site for residential development. The sale included numerous conditions precedent to be satisfied and the surrender of a telecommunication operator lease.

Public Sector

  • Advising Shropshire Council on the property aspects of the redevelopment of a residential care home and supported living accommodation to a registered provider. This was a complex transaction which involved the grant of a 25 year lease, permitting the tenant on the fifth anniversary of the term to redevelop the site and on completion of the new facility, the surrender of the existing lease and grant of a new lease for 125 year term.
  • Advising Nottinghamshire County Council on the property aspects arising from the establishment of a new registered mutual company to operate local library and cultural services from existing facilities. The transaction included the negotiation of 66 leases to the new entity.
  • Advising a local authority on all property aspects on the grant of leases for three sites for public health services.
  • Advising on the property financial transaction for a local authority, including one involving the grant of a legal charge for the design and construction of a data centre together with a car park and other ancillary facilities.

Property Finance

  • Advising on various property finance transactions for lenders taking legal charges on commercial development land and housing stock held by registered providers.

Nadia Osborne

Associate

I am an associate in the Litigation; Advisory and Regulatory department in Bevan Brittan's London office, specialising in general commercial litigation and dispute resolution, including cross-jurisdictional disputes, multi-party actions, insolvency law and regulatory matters. I joined Bevan Brittan in September 2007 as a trainee and qualified in September 2009. I act for both claimants and defendants and advise a variety of national and international public and private sector organisations.

Experience

  • Acting for a financial services regulator in relation to the recovery of approximately £115 million from a complex multi-jurisdictional corporate structure involving fraud; local and cross border insolvency issues; and on-going management of claims both in and outside the UK including Cayman Islands, the BVI, Dominican Republic, SVG, St Lucia and Barbados.
  • Advising and representing over 100 different public and private sector clients with deposits in 4 Icelandic banks to assist them in recovering sums in excess of £1bn arising out of the global financial crisis. Work involved international multi-party litigation at District Court and Supreme Court level in Iceland as well as attendance at Informal Creditors' Committee meetings and Open Creditors' meetings in UK and Iceland.
  • Advising a large number of wholesale depositors in respect of two sales of claims, as well as advising on the sale of escrowed ISK via the Central Bank of Iceland currency auction and a sale to Deutsche Bank.
  • Advising and representing the Local Government Association and its 365 member authorities who faced in excess of 8000 restitution claims for refunds for property search fees levied by authorities since 2005 allegedly contrary to the Environmental Information Regulations and for damages under the Competition Act (collective claim value of £300m).
  • Advising a local authority in relation to a complex ICT contract dispute regarding their ability to set-off against sums due to the contractor on exit losses suffered by them as a result of failures in service delivery both during the life of the contract an on exit. The potential claim and counterclaim value was in excess of £2m.
  • Advising in relation to £1m fraudulent misappropriation of assets by a contractor's employee.
  • Regularly advising on a wide range of breach of contract claims including agency fee disputes, invoice disputes and contract termination/repudiatory breach disputes.
  • Providing insolvency-related advice including advising on the insolvencies of corporate entities such as Carillion and Prezzo, advising on the potential winding up of a company to recover a substantial debt and advising on the ability of a third party with a beneficial interest to challenge a proposed asset sale by an administrator.
  • Acting for the Solicitors Regulation Authority in relation to a civil claim as well successfully defending an application regarding consent order terms, striking out of an appeal of an interlocutory decision by the Solicitors Disciplinary Tribunal before the Court of Appeal and judicial review proceedings before the Administrative Court ([2017] EWHC 1249 (Ch)).
  • Advising Local Government and Social Care Ombudsman on regulatory matters, including judicial review.

 

Career Highlights

  • Part of team short listed for the Legal Business Awards Litigation Team of the Year 2012 and The Lawyer Litigation Team of the Year 2012 for work done representing public and private sector clients affected by the collapse of the Icelandic Banks in 2008.

Thomas Graham

Solicitor

I am a Solicitor in the Commercial and Infrastructure department of Bevan Brittan.

I advise both the public and private sectors on waste and environmental services projects in the UK, including a range of waste collection, recycling and street cleansing procurements.

Before going into law, I worked for eight years in central government in various policy and project management roles at the Cabinet Office and Department for Culture, Media and Sport. I worked closely with local authorities and gained a good understanding of the political and commercial issues affecting the delivery of their services.

Brief summary of recent experience:

  • Advising a group of four Welsh Councils on their food and green waste projects, including options appraisal and procurement through Competitive Procedure with Negotiation
  • Advising a Borough Council about the procurement of their waste collection services contract, using Competitive Procedure with Negotiation
  • Advised a District Council on their waste collection, street cleansing and recycling contract using the Competitive Dialogue procedure
  • Advising a waste disposal authority on the legality and financial consequences of using their powers of direction under the Environmental Protection Act 1990 to procure new contracts for green waste to be used by district and borough councils
  • Advising a Special Purpose Vehicle (in relation to a signed waste PPP project) on the construction and operational issues involving a gasification treatment facility, including the mechanism and timescales for receiving provisional Renewables Obligation Certificates

Maxim Laithwaite

Solicitor

I am a Solicitor in the Commercial and Infrastructure department of Bevan Brittan.

I advise the public and private sectors on a range of infrastructure projects and services contracts within the energy, waste and renewables sectors, including contractual arrangements, procurement and regulation.

Before qualifying as a Projects Solicitor, I was a Change Project Manager and Freelance Consultant working for clients from the private, public and third sectors. I have advised on all aspects of organisational and operational development and have developed and managed agile and waterfall projects from London to the South West.

I have conducted research and authored reports, articles and press releases on both legal and non-legal topics.

Highlights of current and recent experience:

  • Advising a District Council on their procurement of its dry recycling materials services contract.
  • Advising a City Council on its procurement of waste services including energy from waste.
  • Advising a Combined Authority on the economic and technical feasibility stage for two district energy networks in partnership with an NHS Trust and a University.
  • Advising the lead partner of four local authorities in seeking a development consent order for a £100m rail infrastructure project.
  • Advising a Statutory Body through competitive dialogue for its highly significant financial services procurement.
  • Advising a private sector company on due diligence for the acquisition of an oil tank storage facility in Ghana, West Africa.
  • Presented on the District Heat (Metering & Billing) Regulations 2017 at the Secure Meters District Heat event in Manchester.

Matthew Tucker

Solicitor

I am a Solicitor in Bevan Brittan's planning team. I advise on the full range of planning matters, and have specialist local government expertise - having previously worked for local authority legal services for over half a decade.

I have extensive experience of acting for public, private and third sector clients in both contentious and non-contentious planning matters.

My practice includes: planning agreements, Compulsory Purchase Orders, planning enforcement, technical planning advice, highways matters, planning strategy, public inquiries, statutory appeals and judicial review challenges.

Career Highlights

  • A significant proportion of my practice involves negotiating, drafting and advising on section 106 agreements, section 38/278 highways agreements, development agreements and deeds of variation.
  • Advising and providing tailored support to local authorities on Compulsory Purchase Orders, including:
    • Supplying legal advice on pre-Order enquiries and negotiations.
    • Advising and assisting authorities with the procedure required to make an Order.
    • Drafting, amending and submitting the required documents to the Secretary of State.
    • Acting on behalf of authorities throughout the public inquiry process; liaising with relevant parties, producing and managing documents, and working closely with Counsel.
    • Successfully resisting legal challenge under the statutory procedure in the Planning Court.
    • Providing advice and support during the vesting and implementation process.
  • Supported local authorities as Legal Adviser to their Development Control Panels/Planning Committees, providing strategic and technical high-level planning advice to Officers and Members where required.
  • Acted as in-house solicitor for local authorities in respect of planning enforcement matters, including:
    • Providing detailed bespoke advice on technical enforcement and planning policy queries.
    • Reviewing and inputting into officer reports and draft notices.
    • Practical advice, support and assistance on the application of development control powers.
    • Appearing on behalf of the Council as advocate in planning prosecution proceedings.
  • Acted for authorities on planning appeal matters, including large-scale commercial development, change of use enforcement appeals, and Traveller site proposals in the Green Belt, working alongside Counsel.
  • Advised an authority defending a planning decision against a judicial review claim, succeeding at the High Court, Court of Appeal and Supreme Court levels ( (Eastwood) v Windsor and Maidenhead RLBC [2016] EWCA Civ 437).
  • Advised authority officers on certificate of lawfulness applications, including assessing the content of applications against the legal criteria.
  • Supplied detailed advice and assistance on Assets of Community Value and associated issues of interpretation and legal clarification. Acted both on behalf of landowners submitting representations as part of this procedure, and authorities considering nominations.
  • Provided detailed advice to an authority client on the strategic application of legal powers to revoke planning permission, and related advice on withdrawal of a certificate of lawfulness.
  • Supplied comprehensive advice and support to multiple local authorities in respect of Neighbourhood and Local Plans, in relation to legal procedure, evidence base and substantive content.
  • Advised an authority on various aspects of their Town Centre Regeneration scheme, including:
    • Working with the Council's development partner on planning issues.
    • Reviewing and inputting into Cabinet reports and planning applications advanced by the Council.
    • Advising on ancillary related matters (e.g. highways and environmental queries).
  • Supported an authority with the implementation process for the Community Infrastructure Levy, including delivering CIL training, providing advice on viability and technical support throughout implementation.
  • Supplied legal and drafting support in relation to Supplementary Planning Documents.
  • Provided detailed advice on permitted development rights, changes of use and use classes.
  • Advised on Article 4 matters, including carrying out the legal processes required to give effect to directions on behalf of an authority client.
  • Acted for authorities on a variety of contentious planning matters, including judicial review claims, injunctions restraining existing and anticipated breaches of planning control, and committal applications in the High Court.

Matthew Watts

Solicitor

I qualified as a Solicitor and joined Bevan Brittan in January 2017, having trained at Metcalfes Solicitors in Bristol where I specialised in commercial litigation and employment law. Since joining Bevan Brittan, I have specialised in housing management.

Experience

  • I regularly assist large national and smaller regional social housing companies in managing their housing stock. I accept instructions in connection with possession proceedings of all types including ASB injunctions and disrepair cases. I am frequently instructed appear at hearings in the County Court on behalf of my clients.
  • I act for a number of supported accommodation companies often with tenants with complex psychiatric needs. My work for these organisations covers all aspects of housing management including trespass proceedings, gas access matters and tenancy breach issues. In particular, my role in this particular sector includes the engagement of vulnerable tenants and often involves detailed assessments on capacity and proportionality
  • Recently, I have been acting for a number of housing associations in respect of a growing amount of disrepair claims made against them by tenants through this emerging practice area.
  • I am currently instructed to act for a London Borough Council in the recovery of their service charge debt from their leaseholders. This involves managing an extensive portfolio of County Court money claims and matters in the First Tier Tribunal.
  • I was recently a speaker at Resolve ASB's regional seminar where I contributed to a discussion in relation to the various ASB tools and powers available to practitioners. I also provide general legal updates and training to clients and organisations within the housing industry.

Susie Smith

Consultant

I am a nationally-recognised expert in procurement in the EU, UK and internationally, having won Who's Who Lawyer Award For Public Procurement. I also have a strong track record in general commercial law and projects, advising both public and private sectors. Providing tailored, specialist advice in a practical and pragmatic way, I advise clients spanning a broad range of industry sectors including central and local government, education, health, waste, leisure and outsourcing. 

My practice covers all areas of procurement from initial project scoping to delivery including advising on preparation of advertisements, pre-qualification and tender documents and new strategies through to issues such as evaluation criteria and methodologies, changes to consortium membership and use of environmental and social issues in procurement.

I have particular expertise in the establishment and use of PPP and PFI, frameworks, joint ventures and development schemes. I have also been heavily involved in procurement challenges through dispute resolution processes and courts and have advised on post-award issues such as contract variation and the failure of contractors. I work with international clients including advising multinationals on internal governance models for procurement and governments on the roll-out of procurement systems in potential new EU member states. 

In addition, I provide expert training via workshops and seminars covering the many practical issues arising from working within the regulated procurement system.

Additionally I am  Special Professor of Law at the University of Nottingham - in recognition of my contribution to the field of public procurement law and I am on the steering committee of the Procurement Lawyer's Association.