Public Sector – examples of mediations undertaken

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Public Sector including Public Procurement – examples of mediations undertaken

Several public procurement disputes in a variety of sectors raising, for instance, issues under the Public Contracts Regulations 2006 and 2015, allegations of manifest error in the scoring of bids, the use of inappropriate and disproportionate selection and award criteria, unfairness and lack of transparency, as well as more general issues of public law, such as capacity or vires;

 

Mediation of a dispute arising out of the claw-back of a percentage of a European Regional Development Fund grant on the basis of alleged non-compliance with certain EU procurement regulations, the case involving an analysis of responsibility for a number of procurement irregularities, auditing processes and proceedings before the ECJ;

 

Mediation of a claim brought by a preferred bidder, challenging a decision to abandon a procurement process under, inter alia, the Public Contracts Regulations 2015, the mediation involving a review, amongst other matters, of the jurisprudence on abandonment e.g. Apcoa Parking (UK) Ltd v City of Westminster [2010] EWHC 943 (QB) and Croce Amica One Italia Srl v Azienda Regionale Emergenza Urgenza (Case C-440/13) [2014] EUECJ), and also the ‘sufficiently serious’ criteria for an award of damages under the Regulations;

 

A dispute between a public education body and a private supplier of educational resources raising a number of regulatory issues concerning oversight and maintenance of educational standards, specific requirements regarding foreign students, adherence to codes of practice etc;

 

A dispute between a local authority and a child care/nursery services provider concerning service level agreements, landlord & tenant and other issues;

 

A two-day mediation concerning a master software licence and services agreement in the financial services field involving a foreign public corporation (c. £70 million);

 

A mediation over 4 days (with a number of pre-mediation meetings) arising out of the implementation of a CRM system within a public body and various associated entities (c. £1.4 billion);

 

A two day mediation between a public body and a major service provider in relation to an allegedly failing procurement outsourcing project, with the dispute focusing on level of savings achieved and calculation of the share of those savings between the parties (c. £15 million);

 

A technology dispute between a foreign public corporation and a major IT supplier (with insurers being separately represented) mediated over two days, the mediation being preceded by one day of meetings with the parties (individually) and several conference calls during the previous few months (c. £45 million);

 

A dispute between a public authority and a technology company concerning the development of smartcard technology for several public sites, the mediation taking place over two days (c. £1m+);

 

A dispute between a public body and a developer arising out of an agreement made pursuant to section 106 of the Town and Country Planning Act 1990;

 

An accounting dispute at the end of a major outsourcing contract involving a public body and concerning profit sharing mechanisms, pensions (Local Government Pension Scheme Rules), allocation of savings, application of central government grants and reasonable endeavours clauses;

 

A dispute between a public body and an insurer concerning a failed claims handling project;

 

A landlord and tenant case between a public authority and a commercial entity concerning alleged breaches of covenants, applications for a new tenancy, etc (c. £100k);

 

Several public procurement disputes in various sectors including those arising out of tender processes raising, for instance, issues under the Public Contracts Regulations 2006, as well as more general issues of public law, such as capacity or vires;

 

Regulatory mediations including in the fields of financial services, healthcare and education;

 

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