Procurement law is of increasing importance to the construction and technology industries. Throughout the 1990s, EU procurement directives were implemented in the UK by subsidiary legislation such as the Public Works Contracts Regulations, and Public Supply Contracts Regulations and the Utilities Contracts Regulations. The effect was to bring most major public works, services and supplies contracts, in addition to utilities contracts (including water, energy and transport), within the regulatory regime of EU procurement law. As from 31 January 2006, based on new EU directives, the regulatory regime in the U.K. was consolidated and updated. On that date, the new Public Contracts Regulations 2006 and Utilities Regulations 2006 came into force in relation to contract award procedures commenced on or after that date. On 19 December 2009, the U.K. implemented the new Remedies Directive by amendment to the existing Regulations.
While members of Keating Chambers regularly act in high profile proceedings concerning procurement law, their involvement with procurement is not limited to representation of litigants in the courts. Its members routinely advise at early stages of projects when it is often possible to identify crucial mistakes in the tender process. Members of Keating Chambers' advice is especially sought by project sponsors, lenders and contracting authorities and their consultants, all of whom wish to ensure compliance with the regulatory regime. Conversely, contractors may wish to protect their position pending the outcome of the tendering process if they are concerned about the procedures being followed. When the outcome is known, tenderers need to understand the extent to which it is final or likely to be susceptible to challenge, while the contracting authority may have to prepare to meet potential claims. Time limits for valid challenges to award decisions are extremely tight. Keating Chambers have specialist procurement law barristers at all levels of seniority to ensure that timely advice is available in all these situations, with advocacy and dispute resolution services on call should the case demand them.
Many procurement matters handled by members of Keating Chambers concern procurements for contracts and services other than construction and engineering projects. These projects have included the procurement of goods and services such as computers, food, photocopiers, books, stationery, energy, cleaning, travel and maintenance. Examples of recent cases in which members of Keating Chambers have acted can be found below.
- Amaryllis Ltd v HM Treasury (sued as ogcbuying solutions) (No.2) [2009] EWHC 962 TCC
Sarah Hannaford QC
Further Information
For further information on how our members can assist you, please contact the Director of Clerking,
Paul Cooklin or Senior Clerk,
Nick Child in the first instance on +44 20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.