Procurement disputes

We have a specialist team of lawyers that are experienced in advising contracting authorities and bidders throughout the procurement process.

When procurement disputes arise, they can be complex and are subject to tight timescales. We recognise the need to obtain high quality, urgent advice and respond quickly. Our extensive legal and practical knowledge of how procurements should be run enables us to advise quickly analyse the issues, assessing whether a breach of the Public Contract Regulations 2015 has occurred and the available options as a result.

We are often instructed to manage procurement claims in the High Court including specific disclosure requests, establishing confidentiality rings and applications to lift the automatic suspension.

We provide bespoke advice from the outset of the procurement process, from how to deal with complaints to protecting commercially sensitive information, which can often de-escalate a situation and avoid the need for litigation.

We work closely with our non-contentious procurement specialists to guide bidders and contracting authorities seeking to challenge or defend the outcomes of procurements processes from beginning to end, making the best use of innovation to maximise efficiency and quality.

The combination of our in-depth knowledge of the public sector and understanding of the unique characteristics of procurement challenges allows us to find commercial and cost-effective solutions for our clients.

We are also advising and delivering training to a range of clients in the relation to the Procurement Act 2023.

Key cases

· Draeger Safety UK Limited v The London Fire Commissioner [2021] EWHC 2221 (TCC) (HT-2021-000145). We acted for the Contracting Authority in relation to a procurement dispute regarding a multi-million pound contract for lifesaving personal protective equipment. Including an application to lift the automatic suspension. This was a high profile matter following a public inquiry.
Altiatech Ltd v Birmingham City Council [2023] EWHC 1371 (TCC). We acted for the Authority in the successful defence of a claim arising from a multi-million pound IT software contract. The case involved the Court providing new guidance on the level and type of knowledge required to trigger the running of the limitation period.
Joseph Gleave & Son Ltd v Secretary of State for Defence [2017] EWHC 238 (TCC). We acted for the Claimant in relation to a dispute regarding a contract for the provision of military hardware. In this case the Court clarified the basis upon which an expedited trial would be ordered.