Public Procurement

Henderson Chambers’ public procurement group has been at the forefront in this fast developing area of law, having acted in cases before the European Court (CJEU) and appeared in the first procurement case to reach the Supreme Court (RMP-v-Brent LBC & LAML). We have also acted in many of the leading High Court claims brought under the Public Contracts and Utilities Contracts Regulations and have appeared on judicial reviews claims made against contract awards, such as those arising out of the Legal Services Commission’s tendering of civil legal aid contracts.

Our procurement law group provides expertise in all areas of procurement including regeneration schemes, concessions, Part B services contracts, health service procurement, utilities procurement, social housing, state aid, project finance and PFI/PPP issues. Members of the group provide both suppliers and contracting authorities and utilities with a full range of services, from non-contentious advice during the tender process to representation in complex litigation and, where appropriate, arbitration and mediation. Members have appeared in procurement matters in the High Court in England and Wales and in Northern Ireland, the Court of Appeal, the Supreme Court of the United Kingdom and the Court of Justice of the European Union(Uniplex-v-NHS).

Our expertise covers claims under the Public Contracts and Utilities Contracts Regulations 2006, implied contract claims, applications to set aside the automatic stay, claims for damages in procurement cases (including the case of Harmon-v-House of Commons), State aid in the procurement context, extensions/variations of contracts requiring a fresh tender procedure, the need to advertise developments contracts, the definition of bodies governed by public law, the application of procurement rules to joint ventures and other corporate vehicles, disclosure of tender evaluation criteria and sub-criteria, rejection of non-compliant tenders, treatment of abnormally low tenders, the scope of post-tender clarifications and steps taken to mitigate the risk of procurement challenges.

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