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Public Procurement Challenges

We operate a dedicated specialist public procurement litigation practice which complements our market leading non-contentious public procurement offering. We have extensive experience of supporting clients (both contracting authorities and bidders) on live tender processes, as well as being instructed specifically to raise or defend a procurement challenge. We are also regularly instructed on judicial review proceedings and related matters such as requests under Freedom of Information laws.

As advisers to both public and private sector clients, our unique perspective and considerable experience makes us ideally placed to advise on litigation strategy. We have an excellent track record of successfully acting on some of the most high profile cases in recent years including:

  • Acting for Edenred (Group UK) Limited in its appeal before the Supreme Court in a procurement challenge against HM Treasury, HM Revenue & Customs and NS&I regarding the Government's new Tax-Free Childcare initiative We also represented Edenred at first instance in the High Court and on appeal to the Court of Appeal.
  • Acting for five global consultancy firms in claims against a Central Government purchasing body regarding the cancellation of a high value national framework agreement. 
  • Acting for a UK Central Government Department in successfully discouraging a procurement challenge to a multi-million pound land development and works project for training and accommodation facilities.
  • Acting for NHS 24 in successfully defending a challenge in the Court of Session (including the lifting of a suspension order). 
  • Acting for a major UK airport operator in defending an action brought under the Utilities Contracts Regulations in respect of a multi-million pound contract for air traffic control services.
  • Acting for Amey LG Ltd in its challenge in the Court of Session regarding the award of £700 million Scottish trunk road maintenance contracts.
  • Acting for Covanta Energy on its successful interim injunction application to prevent a £1.3bn waste contract from being signed by Merseyside Waste Disposal Authority.
  • Acting for Liconic AG in its claim against UK Biocentre Ltd (including successfully defending against a strike out application).