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I am a dispute resolution and litigation lawyer specialising in public procurement. I act both for bidders and contracting authorities across a range of sectors including transport, education, manufacturing, construction, health and social care, and technology. 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 have been recognised as an "Associate to watch" in the field of public procurement by Chambers UK for a number of years and am a member of the Procurement Lawyers' Association.
I assist clients with the resolution of commercial disputes, particularly those arising from public contracts. I have also acted on several complex judicial reviews involving challenges to the reconfiguration of public services, consultation processes and the application of the public sector equality duty.
Fran has a wealth of knowledge and understands the commercial goals of her clients. Her advice is always practical, clear and to the point. Her client care is second to none.
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- 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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Procurement of healthcare services update
27/03/2023
Implementation of the Provider Selection Regime, consideration of NHS services in the Procurement Bill and the Health Service...
Bevan Brittan’s procurement lawyers listed in prestigious...
03/11/2022
Four lawyers listed in Who’s Who Legal Guide: Government Contracts
The Road To Reform Section 3
10/03/2022
A series of short articles investigating the anticipated public procurement reforms
The Provider Selection Regime
02/03/2022
Procurement – challenging a below-threshold procurement post-Brexit
14/12/2021
Adferiad Recovery Limited v Aneurin Bevan University Health Board
Bevan Brittan’s procurement lawyers listed in Who’s Who Legal
17/08/2021
Four lawyers listed in WWL Guide: Government Contracts
Procurement litigation - the Rail Franchising Litigation judgment:...
09/11/2020
Topic 4: The scope of a contracting authority’s discretion to disqualify bids for non-compliance
Procurement litigation - the Rail Franchising Litigation judgment:...
02/11/2020
Topic 3: Reasons for disqualification
Procurement litigation - the Rail Franchising Litigation judgment:...
22/10/2020
Topic 2: Use of undisclosed tools in the evaluation of bids
Procurement litigation - the Rail Franchising Litigation judgment:...
14/09/2020
Topic 1: How far does a contracting authority have to go to neutralise commercial risk in a procurement?
Pro-Vision Systems (UK) Ltd v Kent Community Health NHS Foundation...
11/02/2020
Successful summary judgment application against provider of plasma screens
Procurement: IBA Molecular Italy Srl (IBA)
13/12/2018
Application to lift the automatic suspension – bucking the trend
13/02/2018
Lancashire Care NHSFT and Blackpool Teaching Hospitals NHSFT v Lancashire County Council [2018] EWHC 200
Bristol Missing Link v Bristol City Council – a success story
07/06/2016
Public sector procurement officers and private sector bid teams alike will be familiar with the case of Bristol Missing Link Ltd v...
The Light Regime for clinical services now in force
18/04/2016
As of today all contracts for clinical services with a lifetime value of over £589,148 must be advertised in the OJEU by way of a...
Crunch time for local authority credit
11/04/2011
Are you loaning money to employees or other individuals? Are you sure that you are compliant? Are the agreements enforceable? Are...
Fran Mussellwhite is one to look out for. She is hard-working, intelligent and extremely commercially savvy.