Simon has returned to the Bar after 20 years of practising in Brussels and London as a solicitor in European, competition, regulation and public procurement law. He joined Keating Chambers in January 2013 after completing a pupillage specialising in public procurement law. During pupillage he experienced a wide range of disputes in the High Court and Court of Appeal as well as mediation and arbitration. He represented clients in the County Court on a range of matters, including complex contractual disputes. He has conducted trials for the Bar Pro Bono Unit and the Free Representation Unit.
His procurement practise combines contentious and non-contentious work, including public procurement disputes for bidders and authorities and strategic advice to authorities or utilities on the conduct of tenders.
He advises firms and companies on competition and regulatory issues arising from disputes, transactions such as mergers or joint ventures and commercial agreements or conduct. He has specific expertise and wide experience in the healthcare, communications and other regulated sectors.
For the previous seven years, as an antitrust partner and head of public procurement at Wragge & Co, Simon led a team advising corporate and public sector bodies on EU competition and public procurement law, including merger control, abuse of dominance and anti-competitive practices, compliance and cartels, regulation and state aid. He has also spent four years in-house as regulatory counsel at a major telecommunications company.
“Is highly esteemed for being focused, pragmatic and commercial."
Chambers & Partners 2012
“highly constructive with an intelligent approach …an excellent and incredibly personable lawyer.”
Chambers & Partners 2011
- Advising a Government body on the application of the Defence and Security Public Contracts Regulations.
- Advising a shared services provider on the extent and application of the Teckal in house exemption.
- Advising a sports' governing body on the application of general EU principles to the governance and conduct on tenders.
- Advising a provider of social care services in threatened proceedings relating to a tender for the provision of advocacy services to persons with learning disabilities including drafting of pre-action correspondence.
- Drafting the defence in a claim brought against a registered provider of social housing.
- Advising a bidder on the rejection of a bid based on the rules regarding abnormally low tenders.
- Drafting particulars, defences and replies and advising on a range of procurement cases, assisting with the preparation of cases before the Court of Appeal, with applications for specific disclosure and Part 18 requests, case management conferences and on a mediation (pupillage).
- Advising a shared services company in the application of the Teckal exemption from procurement law.
- Advising on the tender for the London cycle hire scheme.
- Advising on various tenders relating to the Olympic legacy.
- Advising Buying Solutions on its tender to replace the Government’s gas trading framework.
- Advising an IT company on a wide range of public procurement matters relating to the renegotiation and extension of large government contracts.
- Advising East of England Strategic Health Authority on a competitive dialogue procedure to appoint a hospital operating franchisee at Hinchingbrooke, a tender to merge a Mental Healthcare Trust with a Foundation Trust and a pathology reconfiguration project.
- Advising eight London Boroughs on an insurance services tender to replace LAML, the shared services vehicle set aside following the landmark Court of Appeal ruling.
- Advising a London Borough on a wide range of procurement projects and disputes, including construction frameworks and regeneration projects.
- Advising various PCTs and commissioning hubs on a range of tenders for healthcare services.
- Advising a generics pharmaceutical company on a threatened challenge to a Department for Health drugs tender.
- Advising on the competitive dialogue and litigation issues associated with a leisure centre PFI project.
- Advising the Department of Health (DH) on a wide range of public procurement issues relating to the independent sector tender programme, including Diagnostics, Electives and Equitable Access to Primary Care (EAPC) tenders and the Consultancy and Commissioning Services Frameworks.
Competition and Merger Control Advice
- Advising a company in the healthcare sector on the competition implications of a proposed merger.
- Advising on the availability of a competition law based defence in relation to a trademark dispute.
- Advising a wide range of companies and trade associations on issues, including price setting, distribution and supply contracts, compliance training and dawn raid preparation.
- Advising a satellite services company on a range of competition and regulatory matters relating to access to capacity and technology.
- Advising a private healthcare provider on a range of matters relating to competition with NHS providers, including the Cooperation and Competition Panel’s investigation into restrictions on consultants’ non-contracted hours and restrictions on patient choice imposed by PCTs.
- Acting for a major UK plc on gaining OFT approval for the acquisition of a global airport noise monitoring systems operator.
- Acting for a rail franchise company on gaining OFT approval for its bid for the Thameslink/Great Northern Rail Franchise.
- Advising the Department of Health on the competition law and policy implications of opening up NHS provision to free choice and competitive from independent sector providers, including the Ofcom investigation under the Competition Act 1998 into agreements between NHS Trusts and providers of bedside communication systems.
- Advising Cemex on its appeal to the Court of First Instance in relation to the EU Commission’s decision adopting the UK carbon training plan.
- Acting for an electricity supply business in gaining OFT approval for the acquisition of a street lighting business.
State Aid and other EU/Regulatory
- Advising a Union on the State aid implications of the sale of public infrastructure by a statutory body without a tender process.
- Advising a major technology company in relation to State aid issues arising from its application for public funding in respect of a technology partnership with leading universities.
- Advising a London Borough on a Commission state aid complaint relating to a City centre regeneration project.
- Advising a client on the application of EU discrimination rules on employee age limits.
- Representing a
buy to let tenant in a dispute with a local authority over service charges
and on a successful counterclaim for damage caused by breach of repair
covenant. Case included notable Housing Act issues as well as a
significant distress and inconvenience award. (>Camden v Elshami - for Bar Pro Bono
- Representing company directors in a two day unfair dismissal hearing before the employment tribunal, including preparation of witness statements and settlement negotiations (Free Representation Unit).
- Representing a small business in a County Court trial relating to the fitness for purpose of a UPVC partition wall.
- Representing various clients in County Court hearings including trial regarding the non-payment of legal fees, infant consent orders, defending claims brought against BT by customers, strike out applications, debt recovery actions.
- Click here for recent publication: New procurement regulations for NHS healthcare services: big bang or business as usual?
- New Remedies in Public Procurement Law - PLC September 2012.
- Public Procurement in the UK and Competitive Dialogue Procedure - PLC Practice notes, April 2011.
- Public Procurement - Bridging the remedies gap - PLC January/February 2010.
- Retaining legal professional privilege following Akzo Nobel - MBL webinar December 2010.
- Green light for mutual cooperation in shared services - Municipal Journal February 2011.
- The NHS competition cure - Health Services Journal on line June 2011.
- The challenge of competitive neutrality in public procurement and competition policy: the UK health sector as case study – Competition Policy International July 2011.
- The public procurement and competition implications of the government’s health reforms: who should we believe? – PLC Public Sector 7 September 2011.
- Cloud computing: challenges from a competition law perspective – Computers and Law Magazine, October/November 2011.
- Awarding Public Contracts Lawfully and Skilfully within the Procurement Rules - Whitepaper conference, 2013.
- Framework Tenders in Practice – CLT A-Z of Procurement Conference, June 2012.
- Flexibility in Framework Tenders – Whitepaper conference, London, March/May 2012.
- Public procurement in the water industry – Water UK Lawyer’s Conference, February 2012.
- Shared Services, Avoiding challenge over choice of evaluation criteria – Whitepaper conference London, April 2011.
- Picking the winner – how to evaluate efficiently and lawfully – LexisNexis conference, London, December 2010.
- To what extent is it permissible to ease the procurement process for the benefit of SMEs? When does cooperation between public authorities undermine EU procurement law and become anti-competitive? Remedies Directive - how will a court set aside a concluded contract? - All Whitepaper conferences, 2010.
- National and international regulation of the converged world – Society of Computers and Law Annual Conference November, 2008.
Education and Professional Career
|University of Oxford (BA Hons Jurisprudence), Magdalen College
|Called to the Bar
|Pupillage 2 Temple Gardens
|Université Libre de Bruxelles (Licence Spéciale en droit
communautaire, Grande Distinction) (in French)
|Squire Sanders & Dempsey (Brussels) – Associate
||1990 - 1992
|Norton Rose (Brussels) – Associate
||1992 - 1996
|Cable & Wireless Communications – Regulatory counsel
||1996 - 2000
|Enrolled as a Solicitor
|Allen & Overy – Associate
||2000 - 2004
|Wragge & Co – Antitrust Partner
Procurement Lawyers Association, Royal Society of Arts.
Simon enjoys the theatre, travel, hillwalking, skiing and rugby.
If you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact Senior Clerk, Nick Child
, in the first instance, on +44(0)20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.
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