Pannone's Public Sector team have extensive experience of working with a variety of public sector and public sector-owned organisations. Our litigation and dispute resolution work in the public sector is considerable and includes advising on procurement challenges.
The team spans a number of different practice areas which means that our clients receive an integrated and streamlined approach at all times. We act for a variety of public bodies including local authorities, NHS Trusts, educational organisations and housing associations and have longstanding relationships with a number of public sector clients including Transport for Greater Manchester (TfGM), Manchester City Council and Lancashire County Council.
We recognise that our public sector clients and those working within the public sector face different challenges and have different considerations to private sector businesses. We work in partnership with our public sector clients to ensure we have a detailed and clear understanding of public service including the political realities and constraints. Most recently, budget cuts are of course a primary issue as well as continual changes in legal frameworks and restructuring. We aim to provide first class expertise and service and value for money at all times.
The members of the Public Sector team within the Dispute Resolution team have a great depth and breadth of experience in the following areas of public sector work:
- all types of commercial and contractual disputes including property based disputes and urgent injunctive relief in the High Court and the County Court
- claims involving public infrastructure projects including procurement challenges and disputes
- judicial review proceedings in the Administrative Court
- proceedings in the Lands Tribunal
We can also advise public sector bodies in relation to litigation avoidance. We are able to carry out a comprehensive review of policies and procedures and advise how to minimise risk of claims, including those for judicial review.
We are appointed to a number of public sector framework agreements. Most recently we have been appointed a "partner firm" along with three other law firms advising a North West consortium of 25 local authorities. In addition to providing legal advice, we will also be providing training and secondments to the local authorities concerned. Training sessions we have provided to clients recently include a workshop in relation to EU Procurement.
Procurement challenges
Responding to and advising on the merits of challenges made pursuant to the Public Contracts Regulations 2006 is a key area of our work for public sector clients. We appreciate the adverse financial consequences that can flow from challenges under the Regulations, whether merited or not, and that such challenges call for a prompt, comprehensive and tactically sound response.
We anticipate that the implementation of the new remedies directive in December 2009 through the Public Contract Amendment Regulations 2009 will increase the need for advice in this area, and the number of challenges which the public sector will face.
Our experience
Our experience includes:
- acting for a North West passenger transport executive in relation to a substantial threatened procurement challenge
- acting successfully for the same passenger transport executive in a substantial arbitration relating to the interpretation and effect of a private Act of Parliament, in connection with a compulsory purchase order
- advising a local ALMO in respect of the potential to obtain injunctive relief against an existing employee who had been suspended from work. The employee had threatened to publish defamatory remarks about a fellow employee to the public not withstanding the ALMO's confirmation that it was investigating the allegations made and that upon completion of such investigations appropriate action would be taken if deemed necessary. The matter was settled favourably for our client
- acting for a government department in defending a subsidy based claim. The claim was successfully settled at mediation
To speak with a solicitor in the Public Sector team please click here or call us on 0800 840 4929.
