Procurement

"A wonder set."


The Legal 500

A number of our members at Fountain Court practice in procurement, providing advice and representation in both a contentious and advisory capacity.

We act for both commercial clients and public authorities, including central government, police and local authorities. Several of our barristers are currently on the Attorney-General’s Panels, many of whom are regularly instructed in procurement cases on behalf of the central and local government.

In addition to our administrative and procurement law experience, we call upon our extensive and wide-ranging experience of commercial disputes to assist clients in this area. We believe this combination of expertise is unparalleled across the chambers practising in this area and enables us to effectively represent clients in complex commercial disputes in this field.

Contentious work includes both challenging and defending procurement decisions, as well as advising on the merits of bringing or defending such challenges. We have appeared in the Administrative Court and the Technology and Construction Court in a number of high-profile cases brought under the Public Contracts and Utilities Regulations, as well as disputes arising outside that regime.

Non-contentious capabilities include advising on tender documentation, assisting with the clarification of queries and advising on selection and award criteria and contractual issues post-tender. Members also have experience of advising central government in respect of the public, commercial and former EU law requirements and risks in respect of national contracts, as well as on potential challenges.

  • Good Law Project v The Secretary of Health for Social Care: Acting in a procurement challenge brought under the Public Contracts and Utilities Regulations in respect of the award of antibody testing contracts during the COVID-19 pandemic.
  • HT-2019-000158 Stagecoach East Midlands Trains Limited v Secretary of State for Transport [2020] EWHC 1568 (TCC): Acting in what was known as the 2019 Rail Franchising Litigation, involved four separate claims arising out of the disqualification of bidders across three rail franchising competitions, which were listed together for trial on an expedited basis. It is one of the largest and most complex procurement cases ever litigated in the UK. Members acted on behalf of the Department for Transport in successfully defending the claims.
  • London Underground Limited: Acting for LUL in two related public procurement challenges to a decision to award a major contract for new trains to Siemens.
  • R (Unison) v NHS Wiltshire PCT: Acting in a dispute regarding whether a trade union could bring a public procurement challenge.
  • Cookson & Clegg v Ministry of Defence: Acting in a procurement dispute which clarified the application of the procedural rules for obtaining remedies under EU procurement rules.
  • R (Western Riverside Waste Authority) v Wandsworth LBC: Acting in a judicial review before the High Court regarding a decision by Wandsworth Borough Council regarding charges for the collection of commercial waste.
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Procurement Barristers

Tetyana Nesterchuk

Tetyana Nesterchuk

Call 2011

Niamh Cleary

Niamh Cleary

Call 2012

Giles Robertson

Giles Robertson

Call 2012

Francesca Ruddy

Francesca Ruddy

Call 2020

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Contact our clerks

For more information on our experience or to discuss a particular case, please contact us.

Call:    +44 (0)207 583 3335
Email: clerks@fountaincourt.co.uk

Featured insights

TCC rejects public procurement challenges in 2019 Rail Franchising Litigation

In a judgment handed down on 17 June 2020, Mr Justice Stuart…

Read more

Information Rights (5th edition)

Bankim Thanki QC and Henry King QC are contributors to the 5th…

Read more

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