Joseph Barrett and Zac Sammour act for Serco in c. £1 billon Defence outsourcing challenge


Joseph Barrett and Zac Sammour (both of 11KBW) acted for Serco Limited in its long running procurement and state aid dispute relating to the £1.25 billion ‘first generation’ outsourcing contract in respect of the Ministry of Defence’s (“MoD”) fire and rescue services.

Serco was unsuccessful in the procurement and issued proceedings alleging, amongst other things, that the MoD had conducted the tender process in a manner that was unfair and breached EU procurement and state aid law.

Following two contested hearings and public judgments (with Serco successful at each stage), the MoD was required to provide Roche early specific disclosure in respect of its conduct of the tender process. Serco subsequently made significant amendments to its particulars of claim.

Following service of Serco’s amended pleadings, the parties have now reached an agreement that the litigation should be settled on confidential terms.

The judgment in respect of the MoD’s application to strike out parts of the proceedings can be found here.

The judgment in respect of specific disclosure can be found here.

Press coverage of the litigation can be found here.

Joseph Barrett, assisted by Zac Sammour and Ed Capewell (of 11KBW), instructed by DWF, acted for Serco Limited throughout the litigation.