Fran Mussellwhite

Senior Associate

  • Profile
  • 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.

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