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I am head of the firm's Procurement team and a partner in the litigation department. I have particular expertise in the resolution of public procurement challenges, advising both suppliers and contracting authorities across a wide range of sectors. I have acted on some of the most complex and high profile public procurement challenges in the High Court, and lead a team of specialist public procurement litigators who act for clients at all stage of the disputes process.
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.
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- 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.
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Public Procurement FAQs - Case Summary 5
10/07/2020
Transfer of competences and the “Teckal” in-house exception – European Court of Justice decision in C-328/19 Porin Kaupunki
Public Procurement FAQs - Case Summary 4
25/06/2020
Co-operation between contracting authorities - public contracts, the nature of co-operation and restriction of competition issues...
Public Procurement FAQs - Case Summary 3
16/06/2020
The limits of cooperation: ECJ considers the scope of the "Hamburg" exemption to public procurements
Public Procurement FAQs - Case Summary 2
16/06/2020
Void contract, misrepresentation and unjust enrichment
Public Procurement FAQs - Case Summary 1
12/06/2020
High Court adopts a permissive approach to amendments in a procurement dispute
Public Procurement FAQs – Case Summary 1 (detailed review)
12/06/2020
High Court adopts a permissive approach to amendments in a procurement dispute
Procurement: Public Procurement Rules after 31 January 2020
03/02/2020
Public Procurement Rules after 31 January 2020 – the Transition Period to 31 December 2020
Procurement Pitfalls 5 – More on word counts
06/03/2019
Procurement Pitfalls 4 – Word counts
27/02/2019
Procurement Pitfalls 2 – Debriefing
13/02/2019
Procurement Pitfalls 1 – Pricing formulae
06/02/2019
Designing your specification & running your tender process
09/07/2018
Ensuring pre-market engagement and/or prior involvement of tenderers does not distort competition
EU procurement thresholds for the public sector
21/12/2017
The EU Procurement thresholds for 18/19 have been released.
Procurement Alert - New standard Selection Questionnaire and statutory...
28/09/2016
The Crown Commercial Service has updated its Selection Questionnaire.
Lessons to be learned from the case of Energysolutions EU Ltd v...
09/09/2016
Part 2: The role of witness evidence
Procurement Update - June 2016
30/06/2016
Brief details of recent key developments relevant to those involved in procurement work
Procurement and trade rules post Brexit
24/06/2016
We are waking to a very different future for politics, finance and governance in the UK.
Evaluation and the audit trail
08/06/2016
As correct application of published evaluation criteria will determine with whom an authority will contract for goods, services...
Steel yourself
11/05/2016
Have the updated procurement rules to support Britain’s steel industry changed anything?
New procurement regulations could lead to greater private sector...
11/04/2016
Procurement regulations that come into effect on Monday 18 April are likely to lead to greater private sector participation in the...
New Procurement Regulations published
21/03/2016
The Government has published the Concession Contracts Regulations 2016 and the Utilities Contracts Regulations 2016, implementing...
Classification of NHS bodies for the purposes of the EU procurement...
16/03/2016
The correct classification of contracting authorities under the EU procurement rules is important for two main reasons:
Procurement Update – March 2016
07/03/2016
This Update contains brief details of recent key developments relevant to those involved in procurement work.
Commissioning Byte 3
12/02/2016
How flexible can your procedure be? How do you give best emphasis to your desired patient outcomes?
R (QSRC Limited) v National Health Service Commissioning Board (NHS...
02/02/2016
Emily Heard, David Owens and Kate Davies provide their analysis of the case.
Commissioning Byte 1
02/12/2015
What steps can you take now with your existing contracts to renew or extend them before the April deadline?
Procurement Alert: New standard form OJEU notices published
17/11/2015
Procurement Alert: New standard form OJEU notices published
Court and tribunal fees: Bevan Brittan's response to consultation on...
06/10/2015
The Ministry of Justice is consulting on proposals for further increasing court fees on the basis that, despite fee increases...
Procurement Update – June 2015
04/06/2015
This Update contains brief details of recent key developments relevant to those involved in procurement work.
Byte size procurement update 19 – Regulation 84 reports and other...
25/03/2015
Regulation 84 requires contracting authorities to prepare and retain a written report (a "Regulation 84 Report")...
Bevan Brittan byte size procurement update 18.1
18/03/2015
Regulation of qualitative selection for EU contracts and abolition of pre-qualification stage for low value contracts. Part 1 -...
Bevan Brittan byte size procurement update 18.2
18/03/2015
Regulation of qualitative selection for EU contracts and abolition of pre-qualification stage for low value contracts. Part 2 -...
Bevan Brittan byte size procurement update 17
05/03/2015
Advertising on Contracts Finder - contracts below the EU thresholds
Bevan Brittan byte size procurement update 16
27/02/2015
Advertising on Contracts Finder - EU contracts
Bevan Brittan byte size procurement update 15
06/02/2015
Public Contracts Regulations 2015 published
Procurement Update – January 2015
13/01/2015
This Update contains brief details of recent key developments relevant to those involved in procurement work that have been...
Byte size procurement update 14: The Young Reforms Part 1 - Abolition...
06/11/2014
In 2013, following a consultation process, Lord Young made a number of recommendations primarily aimed at encouraging SME...
Byte size procurement update 13: Revised Bytes
05/11/2014
This is just to let you know that we have revised our Byte Size procurement updates, numbers 1 to 10. They now refer to the Draft...
Bevan Brittan byte size procurement update 12
20/10/2014
The new “light touch regime” – Articles 74 to 76/Regulations 74 to 76
New draft Procurement Regulations published
22/09/2014
The Cabinet Office haslaunched a consultation on the long awaited draft procurement regulations for the public sector in England,...
Procurement Update – August 2014
27/08/2014
This Update contains brief details of recent key developments relevant to those involved in procurement work that have been...
Bevan Brittan byte size procurement update 10
26/06/2014
Public-public cooperation or “in-house” exceptions
Bevan Brittan byte size procurement update 9
19/06/2014
Permitted Changes to existing contracts and framework agreements
Bevan Brittan byte size procurement update 7
06/06/2014
Framework agreements, Dynamic Purchasing Systems and e-catalogues
Bevan Brittan byte size procurement update 6
29/05/2014
Selection stage - Grounds for exclusion, selection criteria and the ESPD
Bevan Brittan byte size procurement update 5
22/05/2014
Innovation partnership – a new EU concept and a new procedure
Bevan Brittan byte size procurement update 4
15/05/2014
Competitive procedures where negotiation is permitted
Bevan Brittan byte size procurement update 3
09/05/2014
Statutory time limits under the Public Sector Directive 2014/24/EU part 2 - Competitive Dialogue Procedure and Competitive...
Bevan Brittan byte size procurement update 2
02/05/2014
Statutory time limits under the Public Sector Directive 2014/24/EU part 1 - Open and Restricted Procedures
Procurement Update – February 2014
13/02/2014
This Update contains brief details of recent key developments relevant to those involved in procurement work that have been...
Competition Commission publishes provisional remedies following...
04/02/2014
We have previously reported on the Competition Commission's investigations into the private health market and the provisional...
New procurement directives: summary available following European...
17/01/2014
On 15 January 2014 the European Parliament voted to adopt three new Directives - replacing the existing Public Sector and...
The NHS - challenging times for commissioners and providers
09/01/2014
As 2013 drew to an end, the press described it as the NHS’ “annus horribilis” because of bruising reports about quality of care....
Emily Heard and Fran Mussellwhite have this perfect ability to not only understand and process your case, but also to draw your attention to those aspect you were not aware of yourself, but which greatly improve your chances of success.