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Postgraduate Diploma in Public Procurement Regulation in the EU and in its Global Context.

Start Date: 1st October 2020

Programme Begins on 1st October 2020

King's College London

Michael Bowsher has been a member of Monckton Chambers since 2001 and he has
built a diverse practice based around EU and commercial law. Michael is best known
for his unique practice in public procurement. Michael Bowsher QC has appeared in many of the major UK procurement cases over the last decade. He is described as “the premier counsel bar none” in procurement and “the UK’s most prominent procurement silk” by Chambers & Partners whilst Legal 500 regards Michael as a “real authority on procurement law“. He has been heavily involved in representing and advising clients in claims for damages and injunctions regarding public and utilities procurement since the regime was first established in the UK. He continues to be involved in cases at the forefront of the fast developing area. As well as his involvement in numerous ongoing matters in England & Wales, he is also currently engaged in various matters in the courts of Northern Ireland and the Republic of Ireland.

Responsibilities

Chair of Public Law, Administrative law, environmental and social law Research Centre for procurement law and administrative cooperation.

As part of events at universities (including repeated at the German University of Administrative Sciences Speyer), at academic institutions and prestigious forums (including German Verwaltungsrichtertag 2007 and 2011 German Jurists 2008 German Baugerichtstag 2010;. Professor talk of German Districts) in the federal territory.
International lecturing others, on public business law and public procurement law (including University of Western Cape, South Africa 2007; George Washington University Law School, Washington DC since 2007; British Institiute of International and Comparative Law, London, 2009, 2011 and 2012; University of Turin in 2007, 2012; University of Copenhagen in 2010, 2011 and 2012; Universidad autonoma de Madrid in 2010; in 2011 and will also lectures in Rome and Istanbul, in 2012 in Washington DC and Vienna, among others.

Appraisal and expert opinions

Eight legal interest Knightly secondary activity for various federal ministries, ministries of various federal states, in the field of municipal associations and business enterprises as well as business associations (including DIHK). Since 2011 expert accompaniment of European procurement reform process in Brussels and at national level. Further, participation in expert hearings at the federal level and at the level of different diets, including in the field "Management Topics" in the context of federalism reform and as part of the future dialogue of the Free States of Bavaria and Saxony in the Bavarian State Chancellery.

In the course of these activities, as well as through various publication or conference projects and as part of the continuing intesive working relationships with many large firms and legal departments have developed over many years, the eröffenen students interesting insights and perspectives.

 


Practice areas: EU Law, Public Law, Human Rights, Public Procurement

Catherine specialises in a number of Chambers’ practice areas, including EU Law, Public Law, Human Rights and Commercial Law and appears before both the national courts and tribunals and the Court of Justice of the European Union.

Catherine has appeared in a number of cases involving EU law before the Court of Justice of the European Union, the courts of England and Wales and the High Court, Court of Appeal and Supreme Court of Ireland.

Recent cases before the Court of Justice include:
Case C-613/14 James Elliott Construction Limited v Irish Asphalt Limited (Advocate General Opinion, 28 January 2016).
C-398/11 Hogan v Minister for Social and Family Affairs (25 April 2013).
Case C-370/12 Pringle v Ireland (23 November 2012) (challenge to the European Stability Mechanism before the Grand Chamber of Justice of the European Union).

Catherine acts in cases involving public procurement law, competition law, state aid law, data protection, access to environmental information and planning in accordance with the requirements of EU law.

Catherine has also advised and acted for a variety of public authorities and private clients on EU law matters, including the Office of Communications Regulation in Ireland, the Office of Corporate Enforcement, the Medical Council of Ireland, the Commission for Communications Regulation, the Information Commissioner, the Health Information and Quality Authority, the Data Protection Commissioner, the Office of the Revenue Commissioners, the Irish Aviation Authority, IDA Ireland, An Post, Ireland West Airport Knock, Irish Waterways, An Taisce, various local authorities and the National Bus and Railworkers’ Union.

Current and recent work

Public Procurement Law

Catherine has been listed in the International Who’s Who of Public Procurement lawyers in 2012 - 2015. She also advises both potential claimants and contracting authorities in this field and has advised a number of contracting authorities on the conduct of their procurement processes. Recent cases have included:

Student Transport Limited v Minister for Education and Skills (Court of Appeal Judgment Pending)
RPS Consulting Engineers Limited v Kildare County Council (15 February 2016)
Powerteam Electrical Services Limited Trading as Omexom v Electricity Supply Board (12 February 2016)
BAM PPP PGGM Infrastructure Cooperatie UA v National Treasury Management Agency & anor [2015] IEHC 756
BAM PPP PGGM Infrastructure Cooperatie UA v National Treasury Management Agency & anor [2015] IECA 246
Word Perfect Translation Services Limited v Commissioner of An Garda Síochána [2015] IEHC 668
BAM PPP PGGM Infrastructure Cooperatie UA v National Treasury Management Agency & anor [2015] IEHC 370
Student Transport Limited v Minister for Education and Skills [2015] IECA 303
OCS One Complete Solution Ltd v Dublin Airport Authority PLC [2014] IESC 51
OCS One Complete Solution Ltd v Dublin Airport Authority PLC [2014] IEHC 306
Gaswise Limited v Dublin City Council [2014] IEHC 56
Baxter Healthcare Limited v Health and Safety Executive [2013] IEHC 413
O’Kelly Brothers Civil Engineering Company Limited v Cork City Council [2013] IEHC 159

Student Transport Limited v Minister for Education and Skills [2012] IEHC 425

State Aid

In the state aid context, as well as advising frequently in this area, Catherine appeared in the case of Dellway v National Asset Management Agency [2010] IEHC 364; [2011] 4 IR 1, which involved a challenge to the acquisition by Ireland’s National Asset Management Agency of certain loans; the case raised a range of public law and EU law questions, including a number of state aid issues.

Competition Law

Catherine has represented clients in a number of matters in the Competition List in Dublin, including, in particular, proceedings involving a claim of refusal to supply (Heatons v ASICS UK Limited (Cooke J) 1 November 2013).

Nathy Dunleavy is a barrister practising from the Law Library in Dublin, principally in the areas of Commercial Law, European Law and Public Law/Judicial Review. In the field of procurement, he regularly acts in litigation for both applicants and respondent contracting authorities and advises public bodies and utilities on procurement, State aid and other EU law issues.

Pascal Friton specialises in public procurement law and trade law. His public procurement law practice covers advice to both contracting authorities and bidders, in particular in the area of services and IT as well as defence procurement. In addition he has longstanding experience with compliance-related issues, advising multinational companies on legal consequences of misconduct in public procurement procedures and on self-cleaning measures. In the area of trade law he regularly advises the export industry and financial institutes on economic sanctions of the EU, for example against Iran and Russia. Pascal’s trade law practice also includes EU and German Blocking/Anti-Boycott Law as well as German foreign investment control.

Pascal Friton is admitted to the Bar in Germany (Rechtsanwalt).

Languages: German, English

Jane provides a whole-of-life service on the largest, most complex construction, procurement and engineering projects.

She advises on procurement strategies and compliance, assesses prospects of mounting successful challenges, and represents both suppliers and buyers in procurement litigation.

Her experience of fighting and defending litigation relating to major projects has given her great insight into where such projects are likely to fail. She draws on this to produce effective drafting and administration of construction and engineering contracts to manage risk and minimise the potential for disputes. Major clients and contractors also look to Jane for her construction arbitration skills. She has acted in ICC, LCIA, UNCITRAL and ad hoc arbitrations.

She has particular experience of the defence, energy, infrastructure and real estate sectors. She is co-head of the firm’s defence sector group. Her clients include governments, utilities, major international contractors and credit providers.

Jane also co-leads the cyber security skills group and advises on risk mitigation and response to attacks including interface with regulators and third party liabilities across sectors including financial services, energy, pharmaceuticals and defence.

Dominic is a senior associate in the engineering, procurement and construction team of the dispute resolution group at Freshfields Bruckhaus Deringer. He specialises in public procurement, construction law and commercial contracts in both contentious and non-contentious contexts. He has advised public and private sector clients in the UK and internationally across a range of sectors including defence, pharmaceuticals/healthcare, construction and engineering, oil and gas, media/publishing and charities.

Caroline Nicholas is a Senior Legal Officer with the International Trade Law Division of the United Nations Office of Legal Affairs (the UNCITRAL Secretariat). She has served as Secretary to its Working Group on Procurement and Infrastructure Development, which drafted the UNCITRAL Model Law on Public Procurement (issued in 2011), an accompanying Guide to Enactment (2012), and other UNCITRAL documents in the field. As Secretary to this and other UNCITRAL Working Groups, she provides legal and policy advice and works in partnership with other international bodies engaged in public procurement policy activities. She advises on public procurement reform and its role in supporting international trade and development and the rule of law, and provides regular technical assistance to national governments in all regions.

She also serves as a Chairman of a UN Performance Appraisal Rebuttal Panel, and undertakes voluntary policy advice and conflict resolution roles within the UN Secretariat.

She previously advised on international war damage claims at the UN Compensation Commission, was a UN internal investigator, and has practised law in the City of London and Hong Kong.

Caroline is a Solicitor of the Supreme Court of England and Wales and of the Supreme Court of Hong Kong, an Associate of the Chartered Institute of Arbitrators, and the Chairman of the Board of Governors of the Vienna International School. She is a member of the Editorial Board of the Public Procurement Law Review and regular contributor to it and other journals. She is married with three children, and speaks four languages fluently

Hans-Joachim's skill lies in the brokering of pragmatic and creative solutions and in his assured and effective negotiating manner. He advises governments, trade associations and multinational companies and represents them in litigation, in particular before the European courts. He has also represented many clients before the German procurement review bodies.

He was a member of a Federal Ministry of Economics commission of experts tasked with the reform of German public procurement law and is a member of the board of the external trade law centre at the University of Münster. In May 2009, he was appointed a board member of forum vergabe e.V., the German association for procurement law.

He writes extensively on public procurement, customs and trade issues and has a long list of publications to his credit, including Handbuch des europäischen Vergaberechts (3rd edition, 2005) and WTO Handbuch (2003). He is the joint editor and author of Beck’sches Formularbuch Vergaberecht (2nd ed, 2011) and VOL/A-Kommentar (2nd ed, 2011), and co-editor and author of Kommentar zur VOB/A (2011). He is also a member of the board of editors of Neue Zeitschrift für Baurecht und Vergaberecht, a leading German procurement law periodical.

The German legal directory JUVE (2011/12) describes him as a leading authority with a brilliant mind.

Prof Geo Quinot is the Vice Dean of the Law Faculty as well as a professor in the Department of Public Law. He teaches Administrative and Constitutional law. He is a recipient of the University of Stellenbosch Chancellor’s Medal, the annual award for the most outstanding final-year student at the university, which he received upon graduating from his LLB degree in 2000. Other noteworthy awards that he has received include the Rector’s Award for Community Interaction, which he received jointly with Prof Sandra Liebenberg in 2008 and the CHE/HELTASA National Excellence in Teaching and Learning Award in 2012.He completed a LLM at the University of Virginia School of Law in the United States as a Fulbright Fellow and a MA in Higher Education Studies at the University of the Free State.His doctoral study focused on the topic of “the Judicial Regulation of State Commercial Activity.” His research focuses on administrative law, with a particular interest in commercial conduct of the state, including public procurement as well as legal education. He is the founding director of the African Public Procurement Regulation Research Unit and an editor of the African Public Procurement Law Journal.Prof Quinot was also appointed as a university teaching fellow for the period 2013-2015 with a focus on the development of a pedagogy of law in South Africa and he is currently participating in the national Teaching Advancement at Universities (TAU) Fellowship programme.

Prof. Gabriella Racca is Full Professor of Administrative Law and Deputy Director of the Department of Management of the University of Torino (Italy). She has been Deputy Dean of the School of Economics (2005-2012).

She currently teaches Public Law, Administrative Law, Environmental Law, Public Contracts Law and she is member of the Doctoral School Committee in Public Law.  She is also Member of the Scientific Board of the Master of Science in Public Procurement Management for Sustainable Development jointly organized by the International Training Centre of International Labour Organization (ITC – ILO) and of the University of Turin and of the Master en Gouvernance et management des marchés publics en appui au développement durable jointly organized by the International Training Centre of International Labour Organization (ITC – ILO), the University of SciencesPo Paris) and the University of Turin.

Her research interests cover the entire process of public procurement from the definition of needs to its execution stage as well as Public Services, Concessions, PPP, public liability and compensation for damages, accountability of public administrations and integrity issues. Recently her research interest focused also on Collaborative Procurement and Central Purchasing Bodies, GPO, Framework Agreements, particularly their use in European Healthcare Systems, and sustainability (environmental and social considerations) in Public Procurement.

She is in charge of the Italian Unit of “Healthy Ageing - Public Procurement of Innovations” – HAPPI  (www.happi-project.eu) , an EU project on Public Procurement for Innovation (PPI), funded by the EU Commission (DG Enterprise - Call ENT/CIP/11/C/N02C011). HAPPI aims at establishing  a strategic cooperation among healthcare Central Purchasing Bodies (CPBs) from several EU Member States, to overcome legal and linguistic barriers among EU Member States by stimulating innovation in "how to buy" and the opening of the Single Market thus contributing to achieve the policies set out in the strategy "Europe 2020" by providing a high quality of health care, without increasing the budget. The project is directed to perform a European-level aggregated purchase of innovative solutions for active and healthy ageing, also through market-analysis. Within HAPPI she has been responsible of  drafting a legal study on the innovative procurement models for a EU joint procurement system in the healthcare sector.

She participates to several National and International research projects: she is co-director with C. Yukins (George Washington University Law School) of the project on Integrity and efficiency in sustainable Public Contracts. She has been Head of the University of Turin research Unit on Contractual autonomy of Health

Authorities: object limits, organizational structures and cost efficiency, which is part of the Research Program of Relevant National Interest (PRIN) on Health service organization in a comparative perspective: the Italian model of “aziendalizzazione”. She is also in charge of the Job Placement High Education Project “Educational path in collaborative public Procurement” funded by the European Social Fund (Piedmont Region).

She is a consultant of the Organisation for Economic Co-operation and Development (OECD) in the field of public procurement in the healthcare sector.

She is Member of the Scientific Board of the Law Review "Diritto Amministrativo" and on the editorial staff of both the Law Review "Foro amministrativo - Consiglio di Stato" and Neldiritto.it. She is Coordinator of Ius Publicum Network Review (www.ius-publicum.com), a network founded in Madrid, on 2010 by the Editorial Boards of Die Verwaltung, Diritto amministrativo, International Journal of Constitutional Law, Public Law, Revista de Administración Pública and Revue Française de Droit Administratif with the aim of following the recent developments of Administrative and Public Law. Whitin Ius Publicum she is also the Italian Responsible for “Public Contracts” area.

She is member of several research organisation and networks, including the Public Contracts in Legal Globalization Comparative Law Network, the Procurement Law Academic Network, the Research Network on EU Administrative Law, the European Procurement Law Group, the European Law Institute, the International Society of Public Law, the British Institute of International and Comparative Law and the Istituto Italiano di Scienze Amministrative.

Dan is a part-time Ph.D. candidate in public procurement law at the University of Nottingham and has been on active duty with the U.S. Air Force since 2004.  He has served as a prosecutor, defense counsel, liaison officer, and program counsel at assignments throughout the United States and abroad.  He completed his undergraduate studies at Brigham Young University, a joint J.D./M.A. (philosophy) at the University of Iowa, and an LL.M. in government contract law at the George Washington University.  He is stationed at Davis-Monthan Air Force Base, Arizona.

 

Abby Semple, LL.B. (Dub) is a public procurement consultant with over nine years of international experience. She has managed complex tenders on behalf of public sector clients in Ireland and the UK, and worked on the development of procurement guidance and policy at EU and international level. Abby holds a law degree from Trinity College Dublin and a postgraduate qualification in public procurement from the Institute of Public Administration.

Her areas of expertise include the EU procurement directives, green and socially responsible procurement, life-cycle costing, framework agreements, contract design and negotiation and supplier engagement. She has developed criteria, tender documents, guidance and training materials on behalf of a number of authorities at local, national and international level, including the Irish Environmental Protection Agency, the European Commission and U.S. Department of Energy.

Abby writes and speaks frequently on procurement topics (www.procurementanalysis.eu) and is the author of one of the first books on the new EU Procurement Directives A Practical Guide to Public Procurement, published by Oxford University Press in 2015.

 

Andrea Sundstrand is an Associate Professor at the Faculty of Law at Stockholm University and Course Director of the programs on Constitutional law and Public procurement law. She is the first to hold a LL.D. in public procurement law in Sweden and has worked with EU public procurement law since 1994. She is also a member (advocate) of the Swedish Bar Association with a practice focused on public procurement law. Andrea has also worked for the governmental Swedish supervision authority for public procurement for more than eleven years. She has written several books and legal articles on public procurement and has also started Sweden´s first legal journal on public procurement law (Upphandlingsrättslig Tidskrift, UrT). The journal presents four issues a year and contains several articles in English which are published open access at urt.cc. Andrea also teaches EU public procurement law at Uppsala university, at George Washington university in Washington U.S.A. and at Tartu University in Estonia.

Professor Christopher Yukins serves as co-director of the government procurement law program at George Washington University Law School, and has taught there on contract formations and performance issues in public procurement, bid protests and claims litigation, state and local procurement, anti-corruption issues, foreign contracting, procurement reform, and comparative and international law.  He has spoken as a guest lecturer at institutions around the world, and he was a contributing editor to the UN Office on Drugs and Crime manual, Guidebook on Anti-Corruption in Public Procurement.  He is an active member of the Public Contract Law Section of the American Bar Association, and is a member of the Procurement Roundtable, an organization of senior members of the U.S. procurement community.  He is a faculty advisor to the Public Contract Law Journal, is a member of the editorial board of the European Procurement & Public-Private Partnership Law Review, and is on the advisory board of The Government Contractor.  He has worked on a wide array of international projects on capacity-building in procurement, and he was an advisor to the U.S. delegation to the working group on reform of the United Nations Commission on International Trade Law (UNCITRAL) Model Procurement Law.  Together with Professors Daniel Gordon and Steven Schooner, he runs a colloquium series on procurement reform at The George Washington University Law School.  In private practice, Professor Yukins has been an associate, partner and counsel at leading national firms; he is currently counsel to the firm of Arnold & Porter LLP.