- Harrogate, Newcastle
- Procurement, Commercial
- 01423 724015
What Andrew can do for you
Andrew specialises in procurement law, acting for both contracting authorities and bidders. He utilises the knowledge gained from acting for clients on both sides of the fence, to provide pragmatic advice on running both defensible procurement processes, and also to challenge defective processes for bidders.
When acting for contracting authorities this work involves ensuring procurement processes are robust and defensible, and defending challenges brought by bidders. Andrew led on the successful and timely delivery of one of the first innovation partnership procedures under the Public Contracts Regulations 2015 and regularly advises on designing and structuring processes, drafting procurement documentation and defending procurement law challenges. He also acted for the commissioner in defending the first NHS v NHS procurement challenge to reach the courts.
When acting for bidders, Andrew seeks to challenge processes, looking at areas where the bidder has been discriminated against. He has successfully overturned a number of procurement processes on behalf of bidders. Andrew recently advised Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust in successfully challenging Lancashire County Council in relation to the Council’s 0 – 19 services procurement – see Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council  EWHC 1589 (TCC)
Andrew is currently working on a number of large projects, including procurements of managed pathology services; advising on the implications of the Light Touch Regime, in particular within the context of integrated care systems and out of hospital services; establishing wholly owned NHS subsidiary companies; projects to implement the recommendations of the Carter Review; as well as the Global Digital Exemplar scheme. He is also dealing with a number of procurement challenges for both commissioners and bidders.
Andrew regularly provides training on procurement law duties and writes articles for publications dealing with procurement. He is a regular speaker at HCSA events, in particular the HCSA Annual Conference.
Main areas of expertise
- European procurement law (both to contracting authorities and bidders)
- Tendering procedures (both to contracting authorities and bidders)
- Statutory consultation
- Primary care contracting (both medical and dental)
- General contracting advice
The clients he works with
- NHS bodies, including NHS trusts, FTs and clinical commissioning groups
- Third sector organisations
- Unsuccessful bidder – what next? (Engage)
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.
NHS organisations continue to search for ways to improve efficiency and ultimately to save money. The Carter Review provided potential methodologies, and opportunities for savings, and Trusts are implementing various strategies. NHS Improvement has also recently pushed for consolidation in the provision of pathology services with its proposals for new networks of laboratories.
With the news of Carillion’s liquidation, a number of questions arise. From a procurement professional’s perspective, what happens to the contracts will be of paramount importance. It is unlikely to be a simple case of novating the contract to a new provider.
The European Commission announced revised threshold limits for public procurements on 19th December 2017, together with the official rates for converting these limits into pounds sterling. These revised limits will apply from 1 January 2018 to all contract opportunities arising on or after that date.
There is an increasing interest in the establishment of wholly owned subsidiaries in the NHS and this article examines the key drivers for this interest, the legal requirements for such new companies and some of the practical issues that Trusts will need to consider.
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in resisting an application made by Lancashire County Council (the “Council”) to lift the automatic suspension in a procurement challenge. As a result of the claim issued by the Trusts at the end of last year, the Council were automatically suspended from signing the contract with Virgin Care Services Limited (“Virgin”). The Council made an application to lift the automatic suspension. The lifting application was heard on 25 January 2018, and the Court’s judgment has now been handed down.
On 21 October 2016, the Department of Health published new guidance on how the Public Contracts Regulations 2015 (“the Regulations”) will affect the procurement of healthcare services. The new guidance references previous information published by Crown Commercial Services and the Cabinet Office in respect of the Regulations and their application to the healthcare sector.
Newsflash: Hempsons advises 2 NHS Foundation Trusts in successful procurement challenge against Local Authority
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to the award of a contract for the provision of 0 – 19 services.
The Next Steps review acknowledges that technology underpins all of the major NHS work programmes.
Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.