Reputation – what we are known for
We are recognised as experts in UK and EU public procurement. We act for both procuring authorities (central, regional and local government authorities, utilities and other public bodies) and tenderers on many of the largest projects procured in the UK.
Ashurst has long been active at the forefront of procurement law and regularly advises on complex and high profile award procedures. We are renowned for our procurement work in the infrastructure sector and, in particular, in relation to major PFI/PPP contracts. For example, we acted for:
- the defendant in Iridium Concesiones de Infraestructuras, S.A. & others -v- Transport for London;
- the defendant in Bombardier Transportation UK Limited -v- Transport for London;
- the defendant in Hitachi Rail Europe Limited -v- Transport for London;
- the defendant in Alstom Transport UK Limited -v- Transport for London; and
- the claimants in West Coast Trains Partnership Limited and Others -v- Department for Transport in the 2019 Rail Franchising Litigation.
We work with clients across a range of industries including: rail, roads, aviation, telecommunications, water, waste, energy, defence, real estate, construction, healthcare, IT, and consultancy services.
Expertise
Our procurement lawyers have in-depth experience of designing and running complex procurements, spanning advice on:
- procurement options, including the use of frameworks and dynamic purchasing systems, and choice of award procedures;
- structuring procurements to fall within exemptions from the normal advertising and competitive tendering rules;
- the application of procurement law to land development projects;
- compliance with procurement law;
- the conduct and management of competitive procurements, including: drafting tender documentation, drafting and responding to clarification questions, conducting negotiations and dialogue sessions, advising on matters arising during the evaluation of tenders, drafting award decision notices and feedback to tenders;
- preparing tender responses; and
- modifications to contracts, including risk mitigation strategies.
Our experience covers procurements subject to the Public Contracts Regulations, the Utilities Contracts Regulations, the Concession Contracts Regulations, the Defence and Security Public Contracts Regulations, and Regulation 1370/2007 on public passenger transport services. We also regularly advise on the application of the general principles of transparency, equal treatment, non-discrimination and transparency to procurements falling outside the scope of the normal legal framework.
Procurement disputes
We regularly advise both public authorities and private sector entities on urgent procurement law disputes and complaints.
In the last three years Ashurst has acted on several of the leading procurement law disputes litigated in the High Court, including:
- defending Transport for London in High Court proceedings in relation to the award of the £2 billion Silvertown Tunnel Project;
- defending Transport for London in three separate claims brought in the High Court in relation to the award of a £1.5 billion contract to Siemens for the supply of next generation rolling stock for the Deep Tube Lines; and
- acting for Virgin, Stagecoach and SNCF in a legal action against the Department for Transport over the procurement of the West Coast Partnership (WCP) franchise.
